Saturday, 25 May 2013

LBR: What happens when one side refuses to bargain in good faith?

What can be done if one side refuses to meet or negotiate in good faith?

For the Record:

Labour Relations Board - British Columbia
Guide to Labour Relations Code
Chapter 5 - Collective Bargaining
Section 3 - What can be done if one side refuses to meet or negotiate in good faith?

The requirement for good faith bargaining generally means both parties must be sincere in their attempts to reach an agreement. This includes meeting with the other side and making every reasonable effort to conclude an agreement. The bargaining process calls for a certain amount of give and take. Failure to agree with the other side's bargaining demands does not, in itself, mean that a party is not bargaining in good faith. However, a deliberate strategy by either party to prevent reaching an agreement is considered to be bad faith bargaining. If one party engages in that kind of conduct, the other party can lodge an unfair labour practice complaint with the Labour relations Board.

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