Trade Dispute TD 370 – Fact Finding Guide

Purging of Trade Dispute disqualification

Permanent Replacement

  1. How was the claimant notified that he/she was permanently replaced? Was the notification oral or written?
  2. Date notification of permanent replacement issued?
  3. Does the employer’s notification clearly indicate the claimant has been permanently replaced?

Offer to Return to Work

  1. Was the offer to return oral or written? Date offer made? To whom was it made?
  2. Were there any conditions attached to the offer? If so, what were they?
  3. Did the employer summarily reject the offer?
  4. Did the employer attach any conditions to the claimant’s return to work?

Subsequent Work

  1. Did the claimant intend the subsequent work to be permanent?
  2. Did the claimant intend to return to the trade dispute employer?
  3. Was the subsequent work permanent, full-time and in the claimant’s usual occupation?
  4. Beginning and ending date of subsequent work and reason for separation.
  5. What was rate of pay? Hours of work? Fringe benefits? How do they compare with the work with the trade dispute employer?
  6. Is the claimant performing picket duty? Is he/she receiving strike benefits?
  7. Has claimant stated he/she has abandoned the trade dispute?

End of Season

  1. When did the end of the season occur?
  2. Was there any further work available for the claimant?

Closing of Plant/Plant Destroyed/Plant Moved

  1. Has the employer been forced to cease operations permanently?
  2. Has the employer sold its business?
  3. Has the plant been destroyed? Is the employer rebuilding?
  4. Does the claimant have a right to a job in another of the employer’s plants?
  5. Has the plant moved? Is the new location too far for the claimant to commute?
  6. Has the old plant completely closed down?

Job Abolished

  1. Does the employer confirm that claimant’s job has been abolished?
  2. Is there other work available to the claimant?

Voluntary Resignation

  1. Did the claimant intend to sever the employer-employee relationship completely when he/she resigned?
  2. Did the claimant submit a verbal or written resignation?
  3. Has the claimant moved out of the area?
  4. Has the claimant dropped out of the union involved in the trade dispute? Has he/she joined another union?
  5. Is the claimant actively seeking work in other fields?
  6. Is the claimant picketing? Is he/she collecting strike benefits?
  7. Has claimant stated he/she has abandoned the trade dispute?