Decision A-0038.96
Full Text of Decision A-0038.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
stoppage of work |
rule of 85% |
exceptions |
Summary:
Collective agreement and return to work protocol signed on 21-12-92. However the workforce was only 85% of what it had been, and a 100% resumption of production was achieved only on 11-01-93. The validity of s. 53(1) of the Regulations was challenged. The FCA found that the moments when work and production resume are part of the circumstances for termination of a work stoppage, and that it is up to the Commission to make an assessment of the situation on the basis of s. 44(e) of the Act.** The Supreme Court of Canada dismissed the claimant’s application for leave to appeal before it.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
stoppage of work |
settlement of dispute |
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| labour dispute |
charter |
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Decision 23516A
Full Text of Decision 23516A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
stoppage of work |
rule of 85% |
exceptions |
Summary:
It is deemed that it is not sufficient for the Board to conclude that Reg. 49(2)(b) can lead to an application on the basis of economic change; the 85% rule must be examined taking into account the normal readjusted rates in accordance with new circumstances. Error in law.
Decision 25239
Full Text of Decision 25239
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
stoppage of work |
rule of 85% |
exceptions |
Summary:
I have not been satisfied that the build-up of inventory prior to a strike or lockout, which can delay the resumption of employment beyond 85%, is an "event" which creates an exception under s. 49.
