The document discusses bad faith bargaining, which occurs when a union or employer fails to meet their legal duty under the Labour Relations Code to bargain collectively in good faith. Some examples of bad faith bargaining include refusing to meet or attend meetings unprepared, undermining the union by negotiating directly with employees, and surface bargaining which appears to bargain but lacks real intent to reach an agreement. The board reviews complaints on a case-by-case basis to determine if a party's bargaining conduct constitutes bad faith.
Questions assigned:
A partnership may be dissolved by several methods.
Discuss the circumstances where the partnership will be
dissolved automatically.
Zahir and Zahid formed a partnership in a computer business in
December 1996 The partnership is for a period of twenty years
and both played an active part in the business Early this year in
January 2019 Zahir was involved in a serious car accident Until
today he is awarded in the intensive care unit at Putri Medical
Centre He suffers from brain damage Zahid intends to dissolve
the partnership and comes to you for advice Discuss
What to Look out for while choosing Arbitration ahead of Regular Litigation.
Essentials of an Arbitration Agreement.
Arbitration Act | ad hoc |Institutional Arbitration |
Questions assigned:
A partnership may be dissolved by several methods.
Discuss the circumstances where the partnership will be
dissolved automatically.
Zahir and Zahid formed a partnership in a computer business in
December 1996 The partnership is for a period of twenty years
and both played an active part in the business Early this year in
January 2019 Zahir was involved in a serious car accident Until
today he is awarded in the intensive care unit at Putri Medical
Centre He suffers from brain damage Zahid intends to dissolve
the partnership and comes to you for advice Discuss
What to Look out for while choosing Arbitration ahead of Regular Litigation.
Essentials of an Arbitration Agreement.
Arbitration Act | ad hoc |Institutional Arbitration |
contents : ways and consequences of dissolving a partnership
P/S : Hi, I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Appointment of arbitrator as per The Arbitration and Conciliation (Amendment)...Dr K M SONI
New Arbitration and Conciliation (Amendment) Act 2015 has provisions for speedy resolution and for impartial and independent arbitration. Some provisions of the new Act are discussed.
Fundamentals of Labor Arbitration - Glossary of Termsknobles11
This file is a glossary of terms pertinent to labor arbitration. The glossary is based on the book, "Fundamentals of Labor Arbitration," by Jay E. Grenig and Rocco M. Scanza
Rights of the Parties and Discharge; Remedies for Breach of ContractHelpWithAssignment.com
Business law is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.It is often considered to be a branch of civil law and deals with issues of both private law and public law.
Gerald ogoko paper on representation through apparent authorityGerald Ogoko
This paper addresses the issue of apparent authority from the standpoint of representation. It begins by discussing the law of agency to provide a contextual background for examining developments in the doctrine of “apparent authority”.
Void agreements, Performance Discharge, Breach of legal contract, Quasi Contr...Antara Rabha
A brief about Void agreements, Performance Discharge, Breach of legal contract, Quasi-Contract, Bailment & ledge, Agency. Along with examples so that it is easy for the student to understand business law
Agreement expressly declared as void - meaning of void agreement , agreements declared void under provisions of law and agreements declared void under Indian Contract Act.
Aspects of contract and negligence for businessNovoraj Roy
Law identified with business can be finished up as all the law which applies to the rights,
relations and behavior of people and organizations occupied with trade, marketing, exchange,
and deals. This report calls attention to the Essential Elements required for the Formation of a
contract, the distinctive sorts of agreements and their effects.
Essentials of a valid contract; contract; offer and acceptance; consideration; capacity of parties; free consent; lawful object; void agreements; wagering agreements; quasi contracts.
contents : ways and consequences of dissolving a partnership
P/S : Hi, I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Appointment of arbitrator as per The Arbitration and Conciliation (Amendment)...Dr K M SONI
New Arbitration and Conciliation (Amendment) Act 2015 has provisions for speedy resolution and for impartial and independent arbitration. Some provisions of the new Act are discussed.
Fundamentals of Labor Arbitration - Glossary of Termsknobles11
This file is a glossary of terms pertinent to labor arbitration. The glossary is based on the book, "Fundamentals of Labor Arbitration," by Jay E. Grenig and Rocco M. Scanza
Rights of the Parties and Discharge; Remedies for Breach of ContractHelpWithAssignment.com
Business law is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.It is often considered to be a branch of civil law and deals with issues of both private law and public law.
Gerald ogoko paper on representation through apparent authorityGerald Ogoko
This paper addresses the issue of apparent authority from the standpoint of representation. It begins by discussing the law of agency to provide a contextual background for examining developments in the doctrine of “apparent authority”.
Void agreements, Performance Discharge, Breach of legal contract, Quasi Contr...Antara Rabha
A brief about Void agreements, Performance Discharge, Breach of legal contract, Quasi-Contract, Bailment & ledge, Agency. Along with examples so that it is easy for the student to understand business law
Agreement expressly declared as void - meaning of void agreement , agreements declared void under provisions of law and agreements declared void under Indian Contract Act.
Aspects of contract and negligence for businessNovoraj Roy
Law identified with business can be finished up as all the law which applies to the rights,
relations and behavior of people and organizations occupied with trade, marketing, exchange,
and deals. This report calls attention to the Essential Elements required for the Formation of a
contract, the distinctive sorts of agreements and their effects.
Essentials of a valid contract; contract; offer and acceptance; consideration; capacity of parties; free consent; lawful object; void agreements; wagering agreements; quasi contracts.
C H A P T E R 15 Collective BargainingEmployees join unions TawnaDelatorrejs
C H A P T E R 15 Collective Bargaining
Employees join unions to gain some influence over their working conditions and wages; that influence is achieved through the process called collective bargaining. Section 8(d) of the National Labor Relations Act (NLRA) defines collective bargaining as [t]he performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder. . . . This process of meeting and discussing working conditions is actually a highly stylized and heavily regulated form of economic conflict. Within the limits of conduct spelled out by the National Labor Relations Board (NLRB) under the NLRA, the parties exert pressure on each other to force some concession or agreement. The union’s economic pressure comes from its ability to withhold the services of its members—a strike. The employer’s bargaining pressure comes from its potential to lock out the employees or to permanently replace striking workers. The NLRB and the courts, through their interpretation and administra- tion of the NLRA, have limited the kinds of pressure either side may exert and how such pressure may be applied. This chapter examines the collective bargaining process and the legal limits placed on that process.
15-1 The Duty to Bargain
An employer is required to recognize a union as the exclusive bargaining representa- tive of its employees when a majority of those employees support the union. The union may demonstrate its majority support either through signed authorization cards or by winning a representation election. Once aware of the union’s majority support, the employer must recognize and bargain with the union according to the process spelled out in Section 8(d). Section 8(a)(5) makes it an unfair labor practice for an employer to refuse to bargain with the representative of its employees, and Section 8(b)(3) makes it an unfair practice for a union representing a group of employees to refuse to bargain with their employer. Although the NLRA imposes an obligation to bargain collectively upon both employer and union, it does not control the results of the bargaining process. Section 8(d) makes it clear that the obligation to bargain “does not compel either party to agree to a proposal or require the making of a concession.” The act thus reflects an ambivalence regarding the duty to bargain in good faith. The parties, to promote industrial relations harmony, are required to come together and negotiate, but in deference to the principle of freedom of contract, they are not required to reach an agreement. This tension between the goal of promoting industrial peace and the principle of freedom of contract underlies the various NLRB and court decisions dealing with the duty to bargain. The accommodation of these conflicting ideas makes the ar ...
TextSeaquist, G. (2015). Employee and labor relations A practic.docxarnoldmeredith47041
Text
Seaquist, G. (2015). Employee and labor relations: A practical guide. San Diego: Bridgepoint Education
· Chapter 7: At the Bargaining Table
· Chapter 8: Grievances, Mediation, and Arbitration
7.1 Collective Bargaining
What is collective bargaining, and why is it such an essential right of organized labor? The theory behind collective bargaining is that it reduces the power differential between management and workers, making the relationship more equal; by compelling management to come to the table and meet with workers, there is a significant shift in power. This section sets the stage for the process of bargaining. It explores what it means that unions are the exclusive representatives of their bargaining unit and reviews the three classifications of bargaining subjects: mandatory, permissive, and illegal.
The Principle of Exclusive Representation
In Chapter 4 we saw that a first step of unionization was for workers to identify who should be a member of the bargaining unit. Once that was established, workers in the designated bargaining unit signed authorization cards, and if at least 30% of the workers voted to unionize, the process of moving toward an election could begin. If the prerequisites were met and an election took place, the National Labor Relations Board (NLRB) certified the union, which meant it then became the exclusive representative of that bargaining unit.
Exclusive representation is an important concept that is found in Sections 8(b) and 9(a) of the Labor Management Relations Act of 1947. Those sections explicitly empower a union that represents a majority of the employees in a bargaining unit to act as all employees’ exclusive representation in collective bargaining.
Exclusive representation has a number of meanings. One is that the employer may not bargain with any other employees, no matter how well intentioned the conversation. Nor may the employer engage in discussions with another union purporting to represent some of the workers. The certified union is the only one with whom the employer may deal.
Exclusive representation obligates all workers in the bargaining unit to participate in union activities, though individuals may choose not to be a member of the union if they have that option. In many states, by law, workers cannot be mandated to join a union or pay dues as a condition of employment. These are referred to as right-to-work states. Despite the fact that the bargaining unit may include workers who do not agree with the union or its philosophy, the union has the duty to represent each worker equally and without bias, no matter their status (union or nonunion; dues paying or not).
In the News: Challenging the Right to Exclusive Representation
Twenty-seven thousand home care workers are part of a union that represents workers who are paid by the state to care for disabled or elderly patients. The National Right to Work Legal Defense Foundation filed a lawsuit in 2014, however, challenging the union’s r.
Learning Objective:
Students will learn
a) the legal definition of contract
b) how contract is generally defined
b) the specific qualifications to which the general definition of contract is subjected to
11262014 The Legal Environment of Business, Ch. 6 - Learning.docxhyacinthshackley2629
11/26/2014 The Legal Environment of Business, Ch. 6 - Learning Activity - Week3 - LAW/421 - eCampus
https://newclassroom3.phoenix.edu/Classroom/ToolContainer.jsp?context=co&contextId=OSIRIS:44425562&activityId=96f01290-3b42-490d-be28-e6f95540138d… 1/24
Overview and Formation of Contracts
Learning Outcomes Checklist
After studying this chapter, students who have mastered the material will be able to:
Distinguish between contracts based on categories and apply the correct source of law to specific contracts.
Explain the concept of mutual assent by defining the legal requirement of agreement.
Identify and explain the other requirements for the formation of a valid contract.
List the events that terminate the power of acceptance and distinguish between termination through action of the parties versus
operation of law.
Apply the mailbox rule to resolve a question of when acceptance is effective.
Articulate the legal requirement of consideration and identify which contracts do not require consideration.
Give examples of circumstances where the legal requirements of capacity or legality are at issue.
Explain the concept of enforceability and geniune assent.
Categorize what contracts must be in writing to be enforceable and explain the minimum required terms that satisfy the law.
The law of contracts is one of the most common and important areas of the law that business owners and managers deal with on a dayto
day basis. Everyone working in a business environment will, in one form or another, deal with contracts throughout their career.
Employment contracts, leases, and agreements of sale for assets or land or merchandise are just a few examples of contracts commonly
used in business transactions. The simple act of purchasing office supplies from a local merchant is a form of agreement governed by
contract law.
Formation and legal enforcement of agreements have been recognized since ancient times. As early as 1780 BC, contracts were being
enforced by the Babylonians by virtue of the authority of the Code of Hammurabi. During much of the rule of the Roman Empire, the
Justinian Code included the rule pacta sunt servanda (agreements shall be kept). Many legal scholars, notably Dean Roscoe Pound, have
written extensively on the importance of society recognizing legally enforceable promises and providing remedies for those who suffered
losses. Consider the consequences of failing to provide for legal enforceability of a promise and its impact on the very fabric of civilized
societies.
Since business owners and managers are often involved in daytoday oversight of various agreements and transactions, understanding
contract law reduces risk by limiting liability through the recognition of potential legal issues, crafting an appropriate response, and
implementing a system to ensure compliance. Contract law is also essential to structuring business transactions in strategic ways to
achieve business objectives without excessive risk.
In this.
Exploiting Artificial Intelligence for Empowering Researchers and Faculty, In...Dr. Vinod Kumar Kanvaria
Exploiting Artificial Intelligence for Empowering Researchers and Faculty,
International FDP on Fundamentals of Research in Social Sciences
at Integral University, Lucknow, 06.06.2024
By Dr. Vinod Kumar Kanvaria
Executive Directors Chat Leveraging AI for Diversity, Equity, and InclusionTechSoup
Let’s explore the intersection of technology and equity in the final session of our DEI series. Discover how AI tools, like ChatGPT, can be used to support and enhance your nonprofit's DEI initiatives. Participants will gain insights into practical AI applications and get tips for leveraging technology to advance their DEI goals.
A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Digital Artifact 2 - Investigating Pavilion Designs
Bad faith bargaining
1. Alberta Labour Relations Board Chapter 27(d)
Effective: 1 December 2003 Bad Faith Bargaining
BAD FAITH BARGAINING
INTRODUCTION
The Labour Relations Code requires unions and employers with bargaining relationships to meet
with each other and bargain in good faith. They must make every reasonable effort to enter into a
collective agreement. Section 60 states that one party serving notice on the other to commence
collective bargaining triggers the duty to meet and bargain in good faith. If one party feels the other
is failing to meet or failing to bargain in good faith, that party may file a complaint with the Board
alleging a breach of the duty to bargain in good faith. This policy describes:
• statutory provisions;
• bad faith bargaining issues;
• processing complaints; and
• remedies.
Unfair labour practice complaints such as interfering with the representation of employees by a trade
union are often filed in conjunction with bad faith bargaining complaints. This policy is only about
bad faith bargaining. For information on unfairs, see: [Unfair Labour Practices by Employers,
Chapter 27(b); Unfair Labour Practices by Trade Unions, Chapter 27(c)].
STATUTORY PROVISIONS
Section 60 of the Code provides:
60(1) When a notice to commence collective bargaining has been served under this Division, the bargaining
agent and the employer or employers' organization, not more than 30 days after notice is served, shall
(a) meet and commence, or cause authorized representatives to meet and commence, to bargain
collectively in good faith, and
(b) make every reasonable effort to enter into a collective agreement.
(2) The bargaining agent and the employer or employers' organization shall exchange bargaining proposals
within 15 days of the first time they meet for the purpose of collective bargaining or within any longer time
agreed on by the parties.
(3) No employer, employers' organization or bargaining agent and no authorized representative acting on
behalf of any of them, after having served or having been served with a notice to commence collective
bargaining pursuant to this Division, shall refuse or fail to comply with subsections (1) and (2).
Section 1 defines collective bargaining, bargaining agent and collective agreement.
1
2. Alberta Labour Relations Board Chapter 27(d)
Effective: 1 December 2003 Bad Faith Bargaining
1 In this Act,
(a) "bargain collectively" or "collective bargaining" means to negotiate or negotiation with a view to the
conclusion of a collective agreement or the revision or renewal of a collective agreement;
(b) "bargaining agent" means a trade union that acts on behalf of employees in collective bargaining or as
a party to a collective agreement with an employer or employers' organization, whether or not the
bargaining agent is a certified bargaining agent;...
(f) "collective agreement" means an agreement in writing between an employer or an employers'
organization and a bargaining agent containing terms or conditions of employment, and may include one
or more documents containing one or more agreements;
BAD FAITH BARGAINING ISSUES
Good faith bargaining requires the employer to recognize the union as bargaining agent. There is
also a further requirement on both parties to engage in a full and rational discussion of their
bargaining differences. In United Electrical, Radio and Machine Workers of America v. DeVilbiss
Canada Ltd. [1976] 2 CLRBR 101, the Ontario Labour Relations Board summed up the statutory
requirement to bargain in good faith this way:
The section imposes an obligation upon both employers and trade unions to enter into serious discussion with
the shared intent to enter into a collective bargaining agreement. Once a trade union is certified as the exclusive
bargaining agent of employees within an appropriate bargaining unit the employer of those employees must
accept that status of the trade union. It cannot enter into negotiations with a view to ridding itself of the trade
union. And thus it can be said that the parties are obligated to have at least one common objective—that of
entering into a collective agreement and s.14 is intended to convey this obligation. But this is not to say that they
will or are obligated to have common objectives with respect to the contents of any collective agreement they
might enter into. The legislation is based upon the premise that the parties are best able to fashion the law that
is to govern the work place and that the terms of an agreement are most acceptable when the parties who live
under them have played the primary roles in their enactment. In short, the legislation is based upon the notion of
voluntarism and reflected in the many administrative and judicial pronouncements that neither trade union nor
employer is, by virtue of the bargaining duty, obligated to agree to any particular provision or proposal.
Therefore, while they must share the common objective to enter into a collective agreement, the legislation
envisages that they have differences with respect to just what the content of that agreement should be and
those differences may force the parties to have recourse to economic sanctions.
The Board determines exactly what constitutes bad faith bargaining on a case-by-case basis. There
are, however, some general issues that often form the basis of these complaints.
Failure to Meet
Failure to meet may involve:
• Refusing to meet once notice to bargain is served: The Code allows a trade union or an
employer to require the other party to a bargaining relationship to meet and engage in
collective bargaining. Notice to commence collective bargaining can be served by or upon a
certified bargaining agent (Section 59(1)) or a voluntarily recognized trade union (Section
42). The responsibility to bargain is the same in both instances.
• Missing procedural steps: Section 61 of the Code stipulates that the notice to commence
2
3. Alberta Labour Relations Board Chapter 27(d)
Effective: 1 December 2003 Bad Faith Bargaining
bargaining must contain certain information such as the names of residents of Alberta who
are authorized to bargain collectively, conclude an agreement and sign an agreement.
Information on ratification procedures must also be exchanged, if asked for.
• Refusing to attend further meetings: Attending negotiating meetings is part of an ongoing
obligation to bargain in good faith. The obligation to remain available to bargain continues
during a strike or lockout. A party is not obliged to attend to bargain where meeting would
obviously be futile. A party must do more than show up.
• Attending meetings unprepared to bargain: Both parties must prepare themselves to
bargain and engage in real discussions aimed at reaching an agreement.
Undermining the Union
Undermining the union may involve refusing to recognize the union as bargaining agent or
negotiating directly with employees instead of through their bargaining agent. Section 40(1) of the
Code outlines the effect of certification.
40(1) When a trade union becomes a certified bargaining agent, it
(a) has exclusive authority to bargain collectively on behalf of the employees in the unit
for which it is certified and to bind them by a collective agreement, and
(b) immediately replaces any other bargaining agent for employees in the unit for which
it is certified.
Reading this with Section 60(1) of the Code, employers must recognize a union’s statutory role as
bargaining agent for its employees and negotiate with the union, not directly with the employees.
This must be balanced with an employer’s right to communicate with employees.
Sections 130 and 147(3) freezes terms and conditions of employment during bargaining until a strike
or lockout occurs. Once a strike or lockout occurs, an employer may impose working terms outside
its prior bargaining position. See: [Section 147(3)]. Interim terms that clearly exclude the union from
the workplace and are intended to undermine the union’s role, may be a breach of the Code.
Surface Bargaining
Surface bargaining is bargaining conduct which appears to be collective bargaining but in fact is
inconsistent with the intent to enter into a collective agreement as required by Section 60(1)(a).
These complaints can involve:
3
4. Alberta Labour Relations Board Chapter 27(d)
Effective: 1 December 2003 Bad Faith Bargaining
the circumstances which arise when one party reneges on a proposal;
• reactivating signed-off proposals.;
• adding new proposals late in the dispute (this is sometimes referred to as “receding horizon
bargaining”); or
• stalling by one party during ongoing but unproductive negotiations (“surface bargaining”).
Illegal Bargaining Proposals
Illegal bargaining proposals may involve:
• Proposals in conflict with the Labour Relations Code or other statutes: Some complaints
deal with bargaining proposals alleged to be in direct conflict with collective bargaining
legislation or other statutes, such as employment standards or human rights legislation. For
example, Section 59(2) of the Code outlines the timing of serving notice to commence
collective bargaining. It states that the timing can be lengthened if provided for in a
collective agreement. A proposal shortening this period would be in conflict with the Code.
Proposals to close off “open” or “window” periods established by the Code would also be
prohibited. See: [AUPE 99 v. Rivercrest Lodge Nursing Home [1992] Alta. L.R.B.R. 486;
Window Periods, Chapter 24(h)]. Proposals dealing with issues covered by the Employment
Standards Code, if less than the minimum standards provided in that legislation, would also
conflict. See: [Employment Standards Code, Chapter 15(b)].
• Proposals in conflict with terms already agreed to by the parties: Some complaints
contend that a proposal conflicts with terms of the collective agreement already agreed to by
the parties. The Board will deal with these matters only if the offending party pushes the
issue to impasse. Impasse is reached when one party remains insistent on its position without
a realistic possibility of change. See: [Brewery Workers 287 v. Molson Breweries Ltd. [1991]
Alta. L.R.B.R. 587; UFCW 1118 v. Airtex Manufacturing Partnership [1991] Alta. L.R.B.R.
783].
PROCESSING COMPLAINTS
A party making a complaint about a breach of Section 60 can do so by using the optional Board
form or by letter. See: [Information Bulletin #2]. The applicant must include:
• names, addresses, phone numbers and contact persons for all parties;
• the section(s) of the Code allegedly violated;
• details which explain how the section of the Code was violated; and
• remedy desired.
The Director of Settlement reviews the complaint for completeness, see: [Particulars, 19(b) and
Accepting and Processing Complaints, Section 27(a)]. Once satisfied, stamp the complaint received
by the Board. Enter the matter on the database and create a process file. The Director then decides
4
5. Alberta Labour Relations Board Chapter 27(d)
Effective: 1 December 2003 Bad Faith Bargaining
on a resolution strategy, see: [Dispute Resolution Initiatives, Chapter 19(c)]. The Director may
revise the strategy as developments occur. The Board deals with bad faith bargaining complaints as
quickly as possible because often these disputes are holding up collective bargaining or prolonging a
work stoppage. See: [Hearings and Scheduling, Chapter 34(a)].
REMEDIES
Section 17(1)(c) grants the Board specific powers to remedy situations where bad faith bargaining
occurs.
17(1) When the Board is satisfied after an inquiry that an employer, employers' organization,
employee, trade union or other person has failed to comply with any provision of this Act that is
specified in a complaint, the Board may issue a directive to rectify the act in respect of which the
complaint was made and, without restricting the generality of the foregoing,...
(c) in respect of a failure to comply with section 60,
(i) may issue a directive directing the employer, employers' organization, bargaining
agent or authorized representative concerned to bargain in good faith and to make
every reasonable effort to enter into a collective agreement, and
(ii) may prescribe the conditions under which collective bargaining is to take place;
The Board’s powers to remedy bad faith bargaining situations are not limited to those outlined in
Section 17(1)(c). For more information on remedies, see: [Remedies, Chapter 19(d)]. If the Board
finds a party has bargained in bad faith it can order:
• establishment of bargaining dates;
• the presentation of a complete set of bargaining proposals within a set period of time;
• specific bargaining conditions;
• the production of records relevant to bargaining;
• a party to remove a particular proposal from the table;
• removal of an illegal clause whether agreed to or not;
• cease and desist in making unlawful or inflammatory proposals;
• that certain items are agreed to by the parties while they must bargain over others;
• further bargaining under prescribed conditions; or
• the imposition or extension of a bargaining period freeze.
5