Summary of Issue: Recall After Stoppage


Decision A-0594.91 Full Text of Decision A-0594.91

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute directly interested recall after stoppage
Summary:

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.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute directly interested temporary, probationary
labour dispute directly interested employment terminates

Decision 19771 Full Text of Decision 19771

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute directly interested recall after stoppage
Summary:

Refer to: A-0594.91

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute directly interested temporary, probationary
labour dispute loss of employment prior to stoppage
labour dispute directly interested employment terminates

Decision 18487 Full Text of Decision 18487

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute directly interested recall after stoppage
Summary:

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.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute directly interested temporary, probationary

Decision 16434 Full Text of Decision 16434

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute directly interested recall after stoppage
Summary:

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.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment shortly after commencing
labour dispute directly interested temporary, probationary

Decision 14328 Full Text of Decision 14328

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute directly interested recall after stoppage
Summary:

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]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute directly interested temporary, probationary

Decision 12102 Full Text of Decision 12102

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute directly interested recall after stoppage
Summary:

A person is directly interested if he or she will benefit directly from the dispute in terms of advantages in bargaining; benefit of having strike end to get job back equals indirect interest; legislation refers to direct interest. [pp. 14-15]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute conditions required for disentitlement
labour dispute rationale
labour dispute stoppage of work premises
labour dispute loss of employment prior to stoppage
labour dispute directly interested own conditions at issue
labour dispute participation definition

Decision 11611 Full Text of Decision 11611

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute directly interested recall after stoppage
Summary:

Employed where another union had jurisdiction. Paid union dues to own union and work dues to other union. Required to join other union during lockout. There is no question he did benefit from dispute because he was called back to work.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work strike or lockout
labour dispute directly interested dual status

Decision 09801 Full Text of Decision 09801

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute directly interested recall after stoppage
Summary:

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.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment while claiming ui
labour dispute directly interested temporary, probationary
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