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Employment Development Department
Employment Development Department

Trade Dispute TD 370 - Reason for Decision

Purging of Trade Dispute disqualification

I. DISQUALIFICATION

A. Permanent Replacement - Not All Strikers Replaced

You left your job at (Employer Name) due to a trade dispute. Although your employer has hired permanent replacements, work remains available. Therefore, it is considered you remain unemployed due to the trade dispute.

B. Threat of Permanent Replacement

You left your job at (Employer Name) due to a trade dispute. Your employer subsequently informed you that you may be permanently replaced; however, to date, the information available indicates such action has not been taken. Accordingly, it is considered you remain unemployed due to the trade dispute.

C. TD Leaving Followed BY Permanent Replacement

You left your job at (Employer Name) due to a trade dispute and are therefore subject to disqualification under Section 1262. This disqualification is ended (date of modification) because you have been permanently replaced.

D. Conditional Offer to Return to Work - Initial Disqualification

You left your job at (Employer Name) due to a trade dispute. Although an offer to return to work was made, the information available shows this was not an unconditional offer to return. Since you have not shown you have abandoned the strike action, it is considered your current unemployment is still due to a trade dispute.

E. Conditional Offer to Return to Work - Disqualification Previously Assessed

You left your job at (Employer Name) due to a trade dispute. Although an offer to return to work was made, the information available shows this was not an unconditional offer to return. Since you have not shown that you have abandoned the strike action, the disqualification issued on (date of original 1080) continues in effect.

F. Subsequent Employment - Initial Disqualification

You left your job at (Employer Name) due to a trade dispute. Although you have since been reemployed, you have not established that you have abandoned your position with the struck employer. Therefore, it is considered that you are unemployed due to a trade dispute.

G. Subsequent Employment - Disqualification Previously Assessed

You left your job at (Employer Name) due to a trade dispute. Although you have since been reemployed, you have not established that you have abandoned your position with the struck employer. Therefore, the disqualification issued on (date of prior 1080) continues in effect.

H. End of Season, Other Work Available - Initial Disqualification

You left your work at (Employer Name) due to a trade dispute. Although your seasonal work ended, other work remains available. Accordingly, it is considered you remain unemployed due to a trade dispute.

I. End of Season, Other Work Available - Disqualification Previously Assessed

You left your work at (Employer Name) due to a trade dispute. Although your seasonal work ended, other work remains available. Accordingly, the disqualification issued on (date of prior 1080) continues in effect.

J. Closing of Plant/Position Abolished - Initial Disqualification

You left your work at (Employer Name) due to a trade dispute. You state your employer has since closed the establishment where you worked. Information available indicates this is a temporary situation resulting from the trade dispute. Under these circumstances, it is considered you are unemployed as a result of a trade dispute.

K. Closing of Plant/Position Abolished - Disqualification Previously Assessed

You left your work at (Employer Name) due to a trade dispute. You state your employer has since closed the establishment where you worked. Information available indicates this is a temporary situation resulting from the trade dispute. Under these circumstances, the disqualification issued on (date of prior 1080) continues in effect.

L. Resignation, Employment Relationship Not Severed - Initial Disqualification

You left your job at (Employer Name) due to a trade dispute. You state you have since resigned. The information available, however, does not establish your resignation was intended to permanently sever the employment relationship. Accordingly, it is considered you are unemployed due to a trade dispute.

M. Resignation, Employment Relationship Not Severed - Disqualification Previously Assessed

You left your job at (Employer Name) due to a trade dispute. You state you have since resigned. The information available, however, does not establish your resignation was intended to permanently sever the employment relationship. Accordingly, the disqualification issued on (date of prior 1080) continues in effect.

N. Plant Moved - Initial Disqualification

You left your job at (Employer Name) due to a trade dispute. Although your employer has since moved a portion of its operation to another location, work still remains available. Accordingly, it is considered you are unemployed because of a trade dispute.

O. Plant Moved - Disqualification Previously Assessed

You left your job at (Employer Name) due to a trade dispute. Although your employer has since moved a portion of its operations to another location, work still remains available. Accordingly, the disqualification issued on (date of prior 1080) continues in effect.

P. TD Leaving Followed by Unconditional Offer to Return to Work

You left your job at (Employer Name) due to a trade dispute and are therefore subject to disqualification under Section 1262. This disqualification ended (date of modification) because you made an unconditional offer to return to work, which was refused.

For a Discharge During a Trade Dispute, Refer to MC 475.

II. ELIGIBLE

AA. TD Leaving Followed By Permanent Replacement

The claimant left your employment due to a trade dispute. However, available information indicates you have subsequently hired a permanent replacement in his/her position. Therefore, his/her current unemployment is not considered attributable to the trade dispute and the disqualifying provisions of Section 1262 do not apply.

BB. TD Leaving Followed BY Permanent Replacement - Disqualification Previously Assessed

The claimant left your employment due to a trade dispute. However, available information indicates you have subsequently hired a permanent replacement in his/her position. Therefore, his/her current unemployment is not considered attributable to the trade dispute and the disqualification issued on (date of prior 1080) is terminated effective (date of modification).

CC. Unconditional Offer of Return to Work

The claimant initially left your employment due to a trade dispute. However, information available shows that on (date) the claimant made an unconditional offer to return to work which was refused. Accordingly, the disqualifying provisions of Section 1262 do not apply.

DD. Unconditional Offer Of Return to Work - Disqualification Previously Assessed

The claimant initially left your employment due to a trade dispute. However, information available shows that on (date) the claimant made an unconditional offer to return to work, which was refused. Accordingly, the disqualification issued on (date of prior 1080) is terminated effective (date of modification).

EE. Subsequent Employment

The claimant left your employment due to a trade dispute. Since leaving the claimant has had bona fide employment which the claimant accepted with the intent of severing his/her relationship with your company. Accordingly, it is considered he/she is no longer unemployed as a result of the trade dispute.

FF. Subsequent Employment - Disqualification Previously Assessed

The claimant left your employment due to a trade dispute. Since leaving, the claimant has had bona fide employment which the claimant accepted with the intent of severing his/her relationship with your company. Accordingly, the disqualification issued on (date of prior 1080) is terminated effective (date of modification).

GG. End of Season, No Other Work Available

The claimant left work due to a trade dispute. Since leaving, the claimant’s seasonal work has ended and there is no other work available. Accordingly, it is considered the claimant is no longer unemployed as a result of the trade dispute.

HH. End of Season, No Other Work Available - Disqualification Previously Assessed

The claimant left work due to a trade dispute. Since leaving, the claimant’s seasonal work has ended, and there is no other work available. Accordingly, the disqualification issued on (date of prior 1080) is terminated effective (date of modification).

II. Closing of Plant/Position Abolished

The claimant left your employment due to a trade dispute. Since the leaving, you have permanently ceased operations. Since the claimant’s job no longer exists, the disqualifying provisions of Section 1262 do not apply.

JJ. Closing of Plant/Position Abolished - Disqualification Previously Assessed

The claimant left your employment due to a trade dispute. Since the leaving, you have permanently ceased operations. Since the claimant’s job no longer exists, the disqualification issued on (date of prior 1080) is terminated effective (date of modification).

KK. Plant Destroyed

The claimant left your employment due to a trade dispute. Since the leaving, your plant has been destroyed. Since the claimant’s job no longer exists, the disqualifying provisions of Section 1262 do not apply.

LL. Plant Destroyed - Disqualification Previously Assessed

The claimant left your employment due to a trade dispute. Since the leaving, your plant has been destroyed. Since the claimant’s job no longer exists, the disqualification issued on (date of Prior 1080) is terminated effective (date of modification).

MM. Plant Moved

The claimant left your employment due to a trade dispute. Since the leaving, your company has moved. Since there is no work available, the disqualifying provisions of Section 1262 do not apply.

NN. Plant Moved - Disqualification Previously Assessed

The claimant left your employment due to a trade dispute. Since the leaving, your company has moved. Since there is no work available, the disqualification issued on (date of prior 1080) is terminated effective (date of modification).

OO. Resignation - Employment Relationship Severed

Available information indicates that since leaving your employment due to a trade dispute, the claimant has resigned. Since the resignation severed the employer-employee relationship, he/she is no longer subject to the disqualifying provisions of Section 1262.

PP. Resignation, Employment Relationship Severed - Disqualification Previously Assessed

Available information indicates that since leaving your employment due to a trade dispute, the claimant has resigned. Since the resignation severed the employer-employee relationship, the disqualification issued on (date of prior 1080) is terminated effective (date of modification).

QQ. Trade Dispute and Discharge

Refer to MC 475 (RD).