Summary of Issue: Partial Resumption

Decision A0098.07 Full Text of Decision A0098.07

The issues raised before the Court were the definition of the appropriate work unit (factory, workshop or other premises) and the existence of a work stoppage. In setting aside the Board's decision, the Umpire did not identify the appropriate work unit and came to a conclusion as to the level of employee attendance by picking a number out of a multitude of numbers in the record, without explanation. As the Umpire has not justified his decision to interfere with the Board's decision, the matter is remitted to the Chief Umpire for a fresh determination. This in relation to CUB 67364 in which the Umpire overturned a Board' decision in favour of the Commission.

Decision 16553 Full Text of Decision 16553

The stoppage of work in 31(1)(a) is not the individual worker's labour but rather the employer's operations carried out at the particular work place. The test is not whether the strikers had been rehired but whether there has been a resumption of normaloperations.

Decision A-0257.84 Full Text of Decision A-0257.84

Fact that a number of employees did not return to work immediately after settlement of dispute was directly related to that dispute; open to board to find that the stoppage was continuing, without committing error.