| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
stoppage of work |
existence |
|
Summary:
Held by FCA that Umpire confused the concept of the end of a strike with that of the termination of a stoppage of work. The Act refers to a "stoppage of work" and not to the end of a strike. The Regulations also provide the definition which is to be considered with regard to the termination of a stoppage of work.**Held also that the Umpire erred in reversing without justification the BOR finding of fact that the measures taken by the employer to replace the striking employees had taken on a permanent character and that it was unlikely the labour dispute would ever be settled. Evidence on the record amply supports the BOR conclusion.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
stoppage of work |
temporary measures |
|
Summary:
Held by FCA that Umpire confused the concept of the end of a strike with that of the termination of a stoppage of work. The Act refers to a "stoppage of work" and not to the end of a strike. The Regulations also provide the definition which is to be considered with regard to the termination of a stoppage of work.**Held also that the Umpire erred in reversing without justification the BOR finding of fact that the measures taken by the employer to replace the striking employees had taken on a permanent character and that it was unlikely the labour dispute would ever be settled. Evidence on the record amply supports the BOR conclusion.
