Local Union 77, International Brotherhood of Electrical Workers, Afl-Cio v. Puget Sound Power and Light Company

Appellant union brought this action to compel arbitration of an employee grievance pursuant to a collective bargaining agreement. The employee, while working at one company facility, had “bid” for and been awarded a position in another company facility. When the employee refused to change his place of residence, as was required in the company’s solicitation of the job bid, he was returned to his former position. A grievance was filed and the company refused to arbitrate.

Shortly after the complaint in this action was filed, the employee was promoted to the position of foreman. He therefore had no further interest in obtaining the job on which he had bid. Based on this changed circumstance and on the fact that the employee sought no monetary damages such as back wages, the district court dismissed the case as moot. We reverse.

There is a continuing and live controversy between the union and the company concerning the arbitrability of the practice of conditioning job bids on change of residence. There is no evidence that the company intends to change its present policy. As we have stated in a related context, “an issue remains ‘live’ unless subsequent events make it…