Skip to Main Content
Employment Development Department
Employment Development Department

Trade Dispute TD 320 - Fact Finding Guide

Special Situations

Functional Integration

  1. Did the claimant voluntarily leave his/her job due to the trade dispute?
  2. Was the claimant laid off as a result of the strike action taken at a separate establishment?
  3. Is the claimant a member of the union directly involved?
  4. Refer to Trade Dispute Notice for guidance on eligibility of members of the union directly involved.

Employer Advised Employees Will Not Work

  1. Did the claimant attempt to report to work?
  2. If so, did the employer permit the claimant to work?
  3. Refer to Trade Dispute Notice for guidance on whether the claimant’s union informed the employer in advance of the trade dispute that its members would not work in support of the union directly involved.

Intermittent Work at Nonstruck Branches

  1. Did the claimant refuse to report to work at job sites which were picketed?
  2. If yes, is it due to his/her support of the trade dispute?
  3. Is the claimant restricting his/her willingness to work only at job sites where there is not picketing?

Locked Gates - Reason for Not Reporting to Work

  1. What attempts did the claimant make to report to work?
  2. Did the claimant contact his/her supervisor about entering and reporting to work?
  3. Have other employees been reporting to work? How have they been entering the premises?
  4. If the employer is shut down, refer to Trade Dispute Notice for guidance on cause of shutdown and its effect on claimants.

Apprentices

  1. Did the claimant leave due to the trade dispute?
  2. Was the claimant eligible to participate in the strike vote?
  3. Is claimant an apprentice under the Joint Apprenticeship Committee (JAC)?
  4. If JAC rules require supervision of an apprenticeship while on the job, did the employer have work with supervision available?

Television Writers

  1. Was the write under contract with a producer when the trade dispute began?
  2. Did the writer refuse to complete the writing assignment due to the trade dispute?

Request to Continue Working During TD

  1. Is the claimant a member of the union directly involved?
  2. Did the claimant contact an authorized employer representative, e.g., supervisor, manager, to offer to continue working after the trade dispute began?
  3. Has the claimant abandoned the trade dispute? Is the claimant performing picket duty? Is he/she receiving strike benefits? Has the claimant given up his/her union membership?