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Decision A-0038.96 Full Text of Decision A-0038.96

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work settlement of dispute
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 Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work rule of 85% exceptions
labour dispute charter

Decision 31276 Full Text of Decision 31276

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work settlement of dispute
Summary:

Return to work agreement signed on 21-12-92, but 85% level reached on 11-1-93. Validity of s. 49(1)of Regulations contested. Ruled that the special provisions of new s. 31(1) and 44(e) of the Act, and of 49(1) of the Regulations, could not be ignored. The Commission acted as authorized to under the Act.


Decision A-0814.91 Full Text of Decision A-0814.91

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work settlement of dispute
Summary:

The only firm principle of law in the case of CARON: the end of the labour dispute and the termination of the stoppage of work are two distinct circumstances which may not coincide. One should rely on the facts applicable in this case. The intent of the parties is relevant.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work business discontinued
labour dispute loss of employment terminates during strike
labour dispute stoppage of work illegal

Decision 20138 Full Text of Decision 20138

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work settlement of dispute
Summary:

Refer to: A-0814.91

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment terminates during strike
labour dispute stoppage of work business discontinued
labour dispute stoppage of work illegal

Decision S-1063.87

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work settlement of dispute
Summary:

I do not read the FC majority reasons as stating that the end of the dispute necessarily implies termination of the stoppage in every case. Although they occurred on the same day in this case, this may not be the situation in other cases. 68% of workers recalled in aluminum plant on the day the agreement was signed. Nothing in the legislation supports criteria such as level of production and number of employees. Although the end of the dispute and stoppage coincided here, this may not always be so. [Act amended since]

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work strike or lockout

Decision 17761 Full Text of Decision 17761

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work settlement of dispute
Summary:

If it were not for the fact that claimant received strike pay until 1-7-89, I would find as a fact based on evidence that the dispute ended 24-2-89. However, in view of the strike pay, I am unable to find that the dispute ended earlier than 1-7-89. The question of when there is a termination of a stoppage of work is one of fact to be determined in the individual circumstances of each case. Here, it is clear that the stoppage and the dispute have terminated. The so-called obligation to negotiate nolonger has any meaning.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work temporary measures

Decision A-0512.88 Full Text of Decision A-0512.88

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work settlement of dispute
Summary:

The Board erred in law in stating that the tentative agreement brought to an end the dispute. Such agreement, by definition, has no effect until it is made definitive. It was never ratified and never took effect; the reasons why are not important. Leave to appeal to SC denied.


Decision 12992A Full Text of Decision 12992A

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work settlement of dispute
Summary:

Refer to: A-0512.88

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work attributable to dispute
labour dispute stoppage of work illegal

Decision 12992 Full Text of Decision 12992

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work settlement of dispute
Summary:

The jurisprudence to which I have referred shows that it is not unusual nor illegal to suspend finalization of a settlement with one union pending settlement with another union with which the employer or allied companies are bargaining.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires grounds of appeal not a trial de novo

Decision 12382 Full Text of Decision 12382

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work settlement of dispute
Summary:

Back-to-work proposal accepted at claimant's place but not at other premises. Proposal contingent upon adoption by all companies in bargaining unit. In fact there was no agreement. One party cannot make an agreement. Irrelevant that later agreement was in same terms. [p. 3-4]


Decision 11902 Full Text of Decision 11902

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work settlement of dispute
Summary:

Employees not recalled immediately after settlement of dispute. Clear that, according to emplyer, lay-off was attributable to dispute that had brought about decrease in orders. This is explanation board accepted.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute conditions required for disentitlement

Decision 11133 Full Text of Decision 11133

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work settlement of dispute
Summary:

Up to board to determine date of termination of stoppage, which does not necessarily coincide with date of settlement of dispute. Dispute settled on 16-11-83 and stoppage terminated on 1-1-84.


Decision 10716 Full Text of Decision 10716

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work settlement of dispute
Summary:

Cannot isolate stoppage and dispute. Do not agree that disentitlement continued after agreement: some employees recalled, dispute terminated, strike over, stoppage not attributable to dispute, role of union ceased, the rest depended only on the employer.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction assess credibility duty

Decision 10311 Full Text of Decision 10311

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work settlement of dispute
Summary:

Claimant argues that continuation of the disentitlement after the end of the dispute infringes the freedom of association guaranteed by the Charter. I cannot agree with this. Even if s.31 limits the employees' right to strike, it would not be an infringement of the Charter.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work annual shutdown
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