Indeed, in a dispute of this kind, some workers could work a certain number of hours and not be eligible for Employment Insurance. Some workers may have worked a certain number of hours even before the labour dispute began. In some cases, workers are able to work for the company and accumulate the required number of hours to be eligible for EI. Those situations exist.
However, there are other situations that can arise, such as a lengthy strike or lockout. As you know, employers do not necessarily rehire all the workers who were locked out or on strike for several years. In those cases, once again, we could be dealing with a situation where 50% of the workers are rehired and will be earning income. The other 50%, if there are layoffs following a lengthy labour dispute, will not be eligible for EI. Again, they are penalized.