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97 For the reasons expressed earlier, I conclude that an extension of time should be granted to allow the grievance to proceed pursuant to section 89(e) of the Code. On balancing the relative interests between the Union and the Employer, I conclude that the grievance should be allowed for the 2012 and 2013 seasons. This does not recognize the full retroactivity as sought by the Union but does provide a significant portion of the remedy. As well, any unpaid vacation pay for 2014 should also be provided. It also goes without saying that the eligible employees are entitled to be paid 6% vacation pay in accordance with the Collective Agreement for the 2015 season.

98 I remit the calculation of the entitlement of the affected employees to the parties for determination, and will retain jurisdiction to deal with any issues that may arise from this task.

99 It is so ordered.

Dated in Vancouver, British Columbia this 23rd day of December, 2015.

A. Paul Devine,

Single Arbitrator