The applicant union filed a complaint alleging the school board contravened the strike replacement provisions of the Labour Relations Act by planning to use regular teachers to perform the work of occasional teachers during a threatened strike.
The strike was averted when a collective agreement was reached.
The school board argued the complaint was moot and requested the Board decline to inquire into it.
The Ontario Labour Relations Board dismissed the application, exercising its discretion under section 91 of the Act to refuse to render an advisory opinion on a hypothetical scenario where the concrete dispute had disappeared.
