| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
conditions required for exemption |
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Summary:
The claimant applied for benefits and indicating that he was a member of the Union and that his last employment ended on June 20, 2008 because of a strike. A new collective agreement was ratified by the Union and the employer on August 14 and August 18, 2008 respectively 65 of the 130 employees, including the claimant were recalled on August 18, 2008. The balance of the other employees was recalled on October 6, 2008. The Commission concluded that the work stoppage did not end until October 6, 2008. Therefore, the claimant was not entitled to employment insurance benefits for the period of the strike from June 23, 2008 to October 3, 2008. Regulation 53 stipulates that work stoppage is terminated when the workforce ... attains at least 85% of its normal level...The evidence indicates that this level of 85% was not attained until October 6, 2008. Only 50% of the 130 employees, including the claimant, were recalled on August 18, 2008 and the remainder on October 6, 2008, which was the end of the work stoppage.
