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Employment Development Department
Employment Development Department

Trade Dispute TD 320 - Reason for Decision

Special Situations

I. DISQUALIFICATION

A. Functional Integration

You were laid off from (Employer Name) due to strike action taken by your fellow union members. Since your unemployment was a reasonably foreseeable result of the strike action, you are considered to have left work due to a trade dispute.

B. Employer Advised Employees Will Not Work

You union representative gave advance notice to your employer, (Employer Name), that members of your union would not work in support of the striking union. Since your unemployment is directly attributable to your union’s action, you are considered to have left work due to a trade dispute.

C. Intermittent Work at Nonstruck Branches

In support of the striking union, you will only work at a non picketed job site. Accordingly, you are considered to have adopted the trade dispute as your own. You are, therefore, subject to disqualification under Section 1262.

D. Locked Gate - Reason for Not Reporting to Work

You did not report to work at (Employer Name) because your company’s gates were locked. The information available indicates you could have entered if you had asked for instructions. It is concluded you did not report to work due to the trade dispute.

E. Lack of Contract

Refer to TD 60(RD)I.A.

F. Apprentices

Refer to TD 60(RD)I.A.

G. Television Writers

You were under contract to (Employer Name) and did not complete your assignment due to the trade dispute. Accordingly, you are considered to have left work due to a trade dispute.

H. Request to Continue to Work During TD

You asked to continue working during the trade dispute at (Employer Name). Your request was denied because of the closure of operations due to the strike action of your fellow union members. Since the information available indicates you have not completely abandoned the trade dispute, you are considered to have left work due to a trade dispute.

I. Maritime and Commercial Fishers’ Trade Disputes

Due to the complex nature of these cases, the Central Office Trade Dispute Specialist will either furnish specific Reasons for Decisions or provide guidance for selection of appropriate Reasons for Decisions.

II. ELIGIBLE

AA. Functional Integration

The claimant was laid off due to the trade dispute. The information available does not indicate the claimant was a participant in the dispute. Accordingly, the claimant is not considered to have left work due to a trade dispute.

BB. Employer Advised Employee Will Not Work

The information available is insufficient to confirm your contention the claimant’s union gave advance notice its members would not work in support of the trade dispute. Accordingly, the claimant is not subject to disqualification under Section 1262.

CC. Intermittent Work at Nonstruck Branches

The information available is insufficient to establish the claimant will not work at a picketed job site. Accordingly, the claimant is not subject to disqualification under Section 1262.

DD. Locked Gates - Reason for Not Reporting to Work

Refer to TD 60(RD)II.AA.

EE. Lack of Contract

Refer to TD 60(RD)II.AA.

FF. Apprentices

Refer to TD 60(RD)II.AA.

GG. Television Writers

The claimant had completed all assignments and was not under contract when the trade dispute began. Accordingly, the disqualifying provisions of Section 1262 do not apply.

HH. Request to Continue Working During TD

The claimant asked to continue working during the trade dispute. The request was denied due to the closure of operations caused by the trade dispute. The information available indicates the claimant has abandoned the trade dispute. Accordingly, the disqualifying Provisions of Section 1262 do not apply.