Decision 19062

Case Number Claimant Judge Language Decision date
Decision 19062   MacKay  English 1991-02-08
Decision Appealed Appellant Corresponding Case
Returned to a different Board  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute  directly interested  temporary, probationary 

Summary:

Although the claimant was not in the union, he was a probationary employee and his position was within the bargaining unit which the union had authority to represent. This difference clearly distinguishes his situation from that of COLE. [p._7]


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute  loss of employment  terminates during strike 

Summary:

I would agree with CUB 16581 that it must be clear he has ended his employer relationship and would not return. Further, it is he who bears the burden of proving the date his employment has terminated irrespective of the outcome of the dispute and thus has no interest. [p._10]


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