The union filed grievances on behalf of an operations clerk seeking a change in work hours to accommodate child care, relying on a specific provision of the collective agreement.
The family status claim was later abandoned, and the union sought only a declaration regarding which hours of work provision applied.
The employer raised preliminary objections, arguing there was no prima facie case and the grievances were moot.
The arbitrator upheld both objections, finding that even if the union's facts were true, the grievor's schedule complied with both potential provisions, meaning no violation could be established.
Furthermore, the arbitrator found the issue moot as the real issue of assigning hours within a range was no longer addressed by the grievances.
The grievances were dismissed.
