Trade Dispute TD 60 – Fact Finding Guide

Initial Work Stoppage Action

Strike Action - Voluntary Leaving

  1. To what union does the claimant belong? Is this the union directly involved?
  2. Was the claimant eligible to participate in the strike vote?
  3. Did the claimant continue to work after the trade dispute began?

Honoring of Picket Line

  1. Did the claimant honor the picket line of the union directly involved?
  2. If so, why did the claimant refuse to report to work?
  3. If the claimant indicates he/she attempted to report to work, what did the claimant do to try to report to work?
  4. Was the claimant informed not to report to work by the employer?
  5. If so, by whom? Did this person have the authority to give such instructions? Date and time such instructions were given?

Unilateral Lockout

  1. Does the claimant belong to the union directly involved?
  2. How was the lockout action by the employer communicated to the claimant?

McKinley Lockout

  1. Does the claimant belong to the union directly involved?
  2. Did the claimant take strike action or was he/she locked out?

Lockout Followed by Recall to Work

  1. How was the recall to work communicated to the claimant? Was it written or oral? Date given?
  2. Did the claimant indicate he/she received the offer of recall?
  3. If yes, why did he/she refuse the recall to work?

"Wildcat Strike"

  1. Did the striking employees obtain their union’s approval before taking striking action?
  2. Does the current collective bargaining agreement contain a "no strike" clause?
  3. Was the claimant discharged due to violation of the "no strike" clause?

Slowdown/Sitdown Strike

  1. What action on the part of the claimant indicated he/she would not work or was slowing down?
  2. Does the claimant admit to slowing down?

Sickout

  1. Why did the claimant not report to work?
  2. If the claimant indicates he/she did not report due to illness, what was the nature of the illness?
  3. Did the claimant have medical verification for the absence?

Sympathetic Strike

  1. Did the claimant refuse to report to work in sympathy with the union directly involved?
  2. If the claimant indicates he/she attempted to report to work, what did he/she do?
  3. Was the claimant told not to report to work due to the trade dispute? If so, by whom? Date and time instructions given?