CUB 4454
IN THE MATTER OF the Unemployment Insurance Act, 1971
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IN THE MATTER OF a claim for benefit by Joan McKINNON
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IN THE MATTER OF an appeal to an umpire by the Canadian Food and Allied Workers
from the decision of a board of referees given in Verdun, P.Q., on November 24, 1975.
DECISION
DUBE, J.:
In this appeal the claimant's representative agreed, and the Board of Referees held, that the claimant lost her employment by reason of a stoppage of work attributable to a labour dispute that occurred at the factory where she was employed, General Foods Limited, Lasalle, P.Q.
Under subsection 44(1) of the Act, she was therefore not entitled to receive benefit unless she proved that the subsection was not applicable in her case because of the non-application provisions of subsection 44(2). The two relevant subsections read as follows:
Sec.44.(1) claimant who has lost his employment by reason of a stoppage of work attributable to a labour dispute at the factory, workshop or other premises at which he was employed is not entitled to receive benefit until....
(2) Subsection (1) is not applicable if a claimant proves that
(a) he is not participating in or financing or directly interested in the labour dispute that caused the stoppage of work; and
(b) he does not belong to a grade or class of workers that, immediately before the commencement of the stoppage, included members who were employed at the premises at which the stoppage is taking place and are participating in, financing or directly interested in the dispute.
DATÉ le 21 décembre 1976