A Collective Agreement Provides a Mandatory Ten-Day Time Limit for the Union

A collective agreement provides a mandatory ten-day time limit for the union to refer a grievance to Step two if it is denied at Step one. If the union does not refer the grievance to Step two until 25 days after it is denied at step one which of the following is correct:

A) The employer should not attend the Step two meeting.
B) The employer can ignore the missed time limit now and if the dispute goes to arbitration raise the issue with the arbitrator who will refuse to hear the matter because of the union's failure to comply with the agreement.
C) The employer should notify the union that it is proceeding to Step two; however, it reserves the right to argue that the grievance is inarbitrable because of the missed time limit.
D) The grievance cannot proceed further in the process unless the employer consents.
E) The notices relating to grievance meetings are privileged communications that cannot be referred to that an arbitration hearing.