Summary of Issue: Hired Due To Stoppage

Decision 18216 Full Text of Decision 18216

Called back to work on 18-1; lock-out on 20-1. The Board considered that the employer did not act in good faith. No evidence in this regard. An error in law to say that the employer must show good faith within the meaning of Reg. 49.

Decision 15967 Full Text of Decision 15967

CUB 10481 examined and distinguished in 4 respects. In CUB 10481, common knowledge that strike pending at time of hiring, hired as permanent and laid off upon resumption of work, hired for a task he had never before performed, employment obtained as stop-gap measure.

Decision 14490A Full Text of Decision 14490A

Several questions remained unanswered and are necessary in deciding whether the insured was hired because of the work stoppage that was to take place shortly.

Decision 11475 Full Text of Decision 11475

The appropriate finding here is twofold. First, the impending strike on 2-1 was the reason that this claimant was able to obtain secondary employment on 20-11 and ought not, therefore, to be considered as the cause of losing it. The Board rejected claimant's argument because he could not prove he had been hired in an attempt by employer to stockpile material in anticipation of strike. The Board erred in placing such onerous burden on him. Its responsibility is to consider all evidence and make a finding.

Decision 11300 Full Text of Decision 11300

If he had been hired solely to increase production before strike and afterward laid off against his will, I could have concluded as in CUB-8985 and 10481 that he was still entitled.