Decision 37885

Case Number Claimant Judge Language Decision date
Decision 37885   Marin  French 1997-06-12
Decision Appealed Appellant Corresponding Case
Dismissed  Yes Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute  conditions required for exemption 

Summary:

The jurisprudence has continually established that to circumvent the provisions of section 31, the claimant must, under subsection 31(2), meet all the following conditions: no participation in dispute; no funding; no direct interest; and no membership in a group or category of workers who fund or are directly involved in the dispute.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute  stoppage of work  attributable to dispute 

Summary:

Stoppage of work attributable to a labour dispute. Three unions involved, but all under the CSN. The collective agreements all expired at the same time. Umpire found that, despite the fact that security and clerical staff were legally members of another unit of the same union, they could not circumvent section 31. The claims were the same in several regards; the benefits granted were partially the same and everyone was waiting for the main dispute to be resolved to sign their own collective agreement.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute  directly interested  many unions 

Summary:

Stoppage of work attributable to a labour dispute. Three unions involved, but all under the CSN. The collective agreements all expired at the same time. Umpire found that, despite the fact that security and clerical staff were legally members of another unit of the same union, they could not circumvent section 31. The claims were the same in several regards; the benefits granted were partially the same and everyone was waiting for the main dispute to be resolved to sign their own collective agreement.


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