The board heard arguments Tuesday from the Amalgamated Transit Union Local 615 and the City of Saskatoon.
The union said an outstanding unfair labour practice filed by the union on June 3 means the city could not make and changes to the terms of employment including pensions -- under Saskatchewan law this is known as a statutory freeze.
But city solicitor Patricia Warwick said the labour board really needs to look at the purpose of the law. The city’s interpretation is that the application needs to related to the overall issue, the collective bargaining process.
While the union wants the labour board to rule the lockout illegal and order the city to lift the lockout, Warwick argued that the complaint from the union was resolved on Oct. 3.
The city locked out workers on Sept. 20.
“Even the union's interpretation of the section, there was no matter pending and so therefore the lifting of the lockout would be a moot action because the very thing they were complaining is now cured and complete and over,” Warwick said.
The board’s decision will come later this week on its website.