Highlights of Noteworthy Decisions

Decision 2585 15
S. Netten
  • Earnings basis (apprentice)

The worker was an apprentice electrician. The worker appealed a decision of the Appeals Resolution Officer basing LOE benefits on earnings of $27 per hour.

The Vice-Chair found that the employer had one journeyperson electrician, with whom the worker worked. The Vice-Chair agreed with the worker's representative that neither Board policy nor the Regulation distinguishes between union and non-union employment, but considers only whether a journeyperson was employed in the same trade as the worker. Therefore, whether the electrician working for the employer was unionized or non-unionized was irrelevant. That electrician was earning approximately $34 per hour.
The worker was entitled to LOE benefits based on the earnings of the electrician employed by the employer. The appeal was allowed.