FPSLREB Decisions

The employer objected to the grievance on the ground that it was moot. In 2016, the grievor missed work because it snowed. He applied for leave with pay under the relevant collective agreement, which the employer denied. He filed a grievance and referred it to adjudication. Later, the employer paid him for the missed day but did not formally allow the grievance. The grievor wanted the Board to hear his grievance on its merits and to grant him a declaration that he was entitled to the leave with pay. He conceded that there was no longer a live controversy between the parties and that there would be no practical effect were the Board to hear the grievance. Nonetheless, he argued that because his grievance had not been dealt with to his satisfaction, the Board had to hear it. The Board interpreted the Act as drawing a distinction between the referral of a grievance to adjudication and the hearing. Section 209(1) sets out the conditions under which the Board has jurisdiction over a grievance and specifies who has standing to refer one to adjudication. The Board clarified that mootness is conceptually distinct from standing. For standing to exist, the employee must be dissatisfied with the employer’s response. However, the grievance may still be moot if it does not present a live controversy and there are no reasons for the Board to exercise its discretion to hear the matter. The Board concluded that there was no labour relations purpose in hearing the grievance, as it would not provide any benefit to the parties beyond scoring debating points; nor would it offer any benefit to the broader bargaining unit.

Grievance denied.