Summary of Issue

Decision 55320 Full Text of Decision 55320

The BOR erred in only taking into consideration the position the claimant was working in at the time of the work stoppage, i.e. in a non-bargaining unit. It could not ignore the facts that he was a due-paying member of the bargaining unit, that he was therefore participating in as well as financing the labour dispute through his dues and, most importantly, the fact that he was directly interested in the outcome and did in fact ripe some benefits, including some benefits on retirement.

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 51828 Full Text of Decision 51828

Claimant lost his job because of a labour dispute at his place of work. He is not unionized, but belongs to the bargaining unit. He has had to pay union dues since he started, but is not protected until he has worked 750 hours. Considered to be at least indirectly funding the dispute as well as affected by the outcome of the strike. The precariousness of the job referred to by the claimant would not affect the actual existence of his job.

Decision 40320 Full Text of Decision 40320

BOR deemed that the clmt, who is a member of an international union, had no interest in the labour dispute because he belonged to the industrial sector and only the residential sector was subject to the decree. Umpire found that BOR erred in failing to apply the conditions of the Act. Clmt was directly interested in the dispute since he belonged to the union and financed it through his own contributions.

Decision 15519 Full Text of Decision 15519

A member of the white collar union affiliated to the CSN and whose contributions were made to the central fund, through which compensation was paid to blue collar workers. In accordance with HILLS, this does not mean funding.

Decision 15114 Full Text of Decision 15114

International Woodworkers of America on strike against an employer's association. Claimant was not employed by company but by a subcontractor. Member of same union but of a local different from company's employees. Not financing as per HILLS.

Decision 1909488 Full Text of Decision 1909488

One cannot quarrel with the fact that an active involvement in a labour dispute at the place of employment or a free and voluntary contribution by claimant to a strike fund which supports the dispute would trigger disentitlement. [p. 55] Mandatory payment by an employee of union dues, part of which were diverted to a strike fund handled by the International Union out of which strike pay was issued to members of another local union at same premises, does not constitute financing the dispute. [p. 12] The use of the present is recommended in the drafting of legislation. This drafting technique does not lead to the conclusion that one is financing solely when he makes a financial contribution while the strike is in progress.

Decision A-0175.84 Full Text of Decision A-0175.84

See summary indexed under S-0175.84

Decision A-0021.77 Full Text of Decision A-0021.77

Claimant paid union dues part of which were used for a strike fund. She was a member of the striking union but belonged to a bargaining unit other than that of strikers who were paid strike benefits. The argument that she was not voluntarily financing the strike was dismissed. Where the strike funds were raised long before the strike, it must be determined whether there is a sufficient connection between the financial contribution and the dispute this contribution may have financed. This is a question of fact. Claimant pointed out that "finance" is used in the present tense in 44(2) and that it applies only if one is giving the strikers financial help during the strike. Argument dismissed. It does not matter whether the funds have been disbursed before the strike or while taking place.