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    IN THE MATTER OF the Unemployment Insurance Act, 1971

    - and -

    IN THE MATTER OF a claim for benefit by
    George KEAGAN et al

    - and -

    IN THE MATTER OF an appeal to an Umpire
    by the claimant from a decision of the Board of Referees given
    at St. Catharines, Ontario on September 2, 1987.

    - and -

    IN THE MATTER OF an application by the Attorney General of Canada pursuant to the provisions of section 28 of the Federal Court Act in Court No. A-100-89, whereby the Federal Court of Appeal, on June 29, 1990, unanimously set aside the Umpire's decision of December 12, 1988, and referred it back to the Umpire.

    DECISION ON REFERENCE BACK

    FROM THE FEDERAL COURT OF APPEAL

    CULLEN J.:

    The Federal Court of Appeal, in a decision dated June 29, 1990, unanimously set aside the decision made by me on December 12, 1988 and referred the matter back for reconsideration and redetermination on the basis that the leave pay provisions of the various collective agreements are irrelevant for the purpose of applying subsections 37(3) and 42(4) of the Unemployment Insurance Regulations to the facts of the case.

    In light of this decision, the claimant's appeal from the Board of Referees' decision of September 2, 1987, is dismissed.

    B. Cullen

    UMPIRE

    OTTAWA
    August 8, 1990

    2011-01-10