Summary of Issue: Temporary, Probationary

Decision 68129 Full Text of Decision 68129

The evidence has established that the claimant suffered a work stoppage due to a labour dispute. Had it not been for that dispute, he would have continued to work, for some time at least, and when it ended he resumed his job. There is no question that the conditions of disentitlement stipulated in section 36(1) of the Act applied to the claimant. Furthermore, the claimant did not satisfy the exceptions to disentitlement provided for in section 36(4) of the Act. Although he was on probation, he participated in the financing of the strike through the union dues he had to pay and he was directly interested in the dispute since he benefited from the new collective agreement once the dispute was settled. See simlar decision, CUB 68099.

Decision 52514 Full Text of Decision 52514

The claimant had to pay union dues, even while on probation. He did not receive strike pay from his union. He was directly interested in the results of the bargaining since he obtained permanent status and received monetary and other benefits included in the new collective agreement. Failed to prove that he was not participating in, financing or directly interested in the labour dispute.

Decision 34694 Full Text of Decision 34694

Temporary employee on probation. Work stoppage due to a dispute. Interested in settling the dispute. Following settlement, the insured person received a wage increase and other benefits. There were also disadvantages resulting from the agreement, such as working Saturdays.

Decision 25474 Full Text of Decision 25474

Union worker who, during strike, accepts temporary employment (as replacement) some distance away. Same union but different local. Premises struck while claimant on probation. No seniority rights, no recall or benefit rights. Any recall was completely at the discretion of the employer.

Decision A-0594.91 Full Text of Decision A-0594.91

Temporary workers discharged without right of recall on the eve of a legal strike by permanent workers. The mere possibility of recall at the discretion of the employer is not sufficient to constitute a direct interest. Recalled under new contract a few weeks after the strike.

Decision 19892 Full Text of Decision 19892

Probationary worker laid off due to the strike 1 day before. His layoff continued after the strike. The Commission argued that he had a direct interest in the outcome of the dispute and that this was shown when he received retroactive pay. Upheld by Board. No error of law.

Decision 19771 Full Text of Decision 19771

Refer to: A-0594.91

Decision 19062 Full Text of Decision 19062

Although the claimant was not in the union, he was a probationary employee and his position was within the bargaining unit which the union had authority to represent. This difference clearly distinguishes his situation from that of COLE. [p._7]

Decision 18487 Full Text of Decision 18487

He paid no union dues only because he had not served the 30-day mandatory qualifying working period. His job was one of those for which the union negotiated. In fact the union negotiated a raise which he was paid when recalled even though it was only for a few days.

Decision 16434 Full Text of Decision 16434

Probationary worker who was recalled after the strike, joined the union and benefitted from improvements won. As was held in CUB 11611, a claimant who is not a union member is directly interested in a dispute if he stands to benefit once the dispute ends.

Decision 15795 Full Text of Decision 15795

It is possible that the working conditions improved after the strike since the collective agreement includes the wage scale for students. But a student hired for a few months, such as casual laborers, is not directly affected in the long term.

Decision 14585 Full Text of Decision 14585

The Board said that claimant benefited from previous negotiations. The language of s.31 speaks of the present in referring to the labour dispute and claimant's interest is clearly envisaged as being direct rather than indirect. [p. 8]

Decision 14328 Full Text of Decision 14328

Electrician from another province who returned to work following a 3-week strike. It may be assumed that he will benefit from any gains obtained by the striking electricians. [p. 6]

Decision 09801 Full Text of Decision 09801

Probationary worker hired the day following the strike vote and 3 days before the strike. When she returned after the strike, she received, as did other accounting clerks, an increased wage rate as a result of the settlement which terminated the strike.