Summary of Issue: Temporary Measures

Decision A-0647.95 Full Text of Decision A-0647.95

Held by FCA that Umpire confused the concept of the end of a strike with that of the termination of a stoppage of work. The Act refers to a "stoppage of work" and not to the end of a strike. The Regulations also provide the definition which is to be considered with regard to the termination of a stoppage of work.**Held also that the Umpire erred in reversing without justification the BOR finding of fact that the measures taken by the employer to replace the striking employees had taken on a permanent character and that it was unlikely the labour dispute would ever be settled. Evidence on the record amply supports the BOR conclusion.

Decision 28905 Full Text of Decision 28905

If ss. 49(3) applies, 49(1) and (2) are irrelevant. Under the Manitoba Act, the employer is not allowed to keep replacement workers longer than duration of stoppage of work, and as the bargaining unit has not yet written to the employer saying the strike is over, there is still a stoppage of work.

Decision 21842 Full Text of Decision 21842

Projectionists locked out. Picket lines established. The theatres were completely closed for one day and then re-opened using management and replacement workers. This was a temporary measure until settlement was reached. The projectionists later returned to work.

Decision A-0556.91 Full Text of Decision A-0556.91

It is argued that because management brought in substitute workers to keep the cinemas going there was no stoppage. The jurisprudence is clear in cases where work is maintained through extraordinary means and not by the return of the majority of the previous workers. FC agrees.

Decision 19727 Full Text of Decision 19727

Refer to: A-0556.91

Decision 20365 Full Text of Decision 20365

Projectionists locked out 11-10 but the theatre reopened 12-10 using a combination of newly-hired workers and management personnel. I am satisfied that there was evidence before the Board to conclude that extraordinary means had been used to maintain operations.

Decision 17761 Full Text of Decision 17761

The stoppage of work terminated once there were no jobs for the employees to return to, the employer had resumed normal operations through permanent re-routing and automation, and the union has virtually abandoned the negotiations and is attempting to find new jobs for employees.

Decision 16553 Full Text of Decision 16553

Contract job due to be completed 31-3. All pipefitters, after having been refused increased wages, called in sick on 9-3. The employer dismissed them all and replaced them with new workers. Operations resumed 12-3 and contract completed on due date. Stoppage of work ended 12-3. Legislation contemplates an employee continuing to refuse to work but who, nevertheless, by accepting may resume his employment. Pipefitters here no longer had the option to return to work as replacement were hired to complete the contract. Picketing does not alter this. The word "temporary" referred to in the jurisprudence relates to the employment for which the former employees were engaged which may be temporary. "Extraordinary" means pressing into service persons to do the work of others. Replacement hired here to complete the contract.

Decision 15919 Full Text of Decision 15919

Although close to pre-stoppage work levels were maintained, extraordinary measures [overtime of supervisors and contracting out of certain work] had to be adopted in order to do so. As per SIMONEAU, this does not avoid a work stoppage.

Decision 13355 Full Text of Decision 13355

The mere maintenance of production by extraordinary means does not avoid a work stoppage: see SIMONEAU. The operation of the plant had not returned to normal in the sense of having a full complement, or nearly full complement, of regular work staff. [p.4]

Decision 13307 Full Text of Decision 13307

8 union members locked out out of 10, 6 new employees hired temporarily through an agency plus supervisors' cooperation. Reliance by the employer on temporary help had not been an uncommon practice in the past. [p. 2]

Decision A-0143.80 Full Text of Decision A-0143.80

25 CJMS employees on strike. During work stoppage, employer applied temporary and exceptional measures. Simply because it was able to maintain or restore production, it cannot be concluded that its employees' work stoppage had terminated.