Decision A-0647.95

Case Number Claimant Judge Language Decision date
Decision A-0647.95 Rasmussen Randolph  Federal  English 1996-10-23
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No Claimant  28905 


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.


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