Decision A-0741.87

Case Number Claimant Judge Language Decision date
Decision A-0741.87 Cole Lyn  Federal  English 1988-05-03
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No N/A  14021 


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

Summary:

Substitute teacher on contract from 4-2 to 28-6. Disentitlement should have terminated 28-6, the day claimant's contract was due to expire. From that time on, no interest and no affiliation with those participating. HURREN referred to. Upheld by FC.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute  directly interested  employment terminates 

Summary:

As for the possibility a substitute teacher might have to teach again after the stoppage, such interest would be anything but direct, said the Umpire. Upheld by FC.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute  directly interested  non-bargaining group 

Summary:

As for class sizes, this is at most an indirect benefit to a substitute teacher, whose work load coincides with that of regular teacher only because her occupation requires that she take over their classes for short periods. Not directly interested. FC agrees with Umpire. Substitute teacher whose 20 days' sick leave per year are required by Ontario legislation. The fact that it appears in collective agreement is irrelevant. Striking union not authorized to bargain on their behalf for a change. Merely at the whim of employer. FC agrees with Umpire. Substitute teachers not covered by collective agreement. They are paid whatever employer chooses which, in recent years, happens to be the same amount as regular teachers. School board under no obligation to abide by this figure. Analogous to CUB 12900. FC agrees with Umpire.


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