Re Dartmouth (City) and PANS, Local 101

The union argued the grievor was improperly removed from active service and placed on sick leave following injuries which occurred while on duty. The union also claimed the grievor was entitled to full pay while on sick leave. He was required to take sick leave pending commencement of Long Term Disability benefits, but the agreement stated that time lost through injury on duty was not to be considered sick leave. The employer raised a preliminary objection that because the issue of being placed on sick leave was not raised at the grievance stage, the board lacked jurisdiction to deal with that matter. The employer maintained that terms in the agreement dealing with sick leave applied only to leave of a temporary nature, while the grievor was considered to be permanently disabled