Continuing with our labour law series, in this week's blog post we will discuss collective bargaining, the process by which a union and an employer negotiate the terms and conditions of employment for employees for whom the union holds bargaining rights.
At a minimum, a collective agreement covers hours of work, wage rates, seniority, vacation entitlements, and benefits, as well as procedures for job posting, discipline, layoffs, termination, etc. It will also set out a grievance and arbitration procedure to deal with differences of opinion between the employer and the union.
Both the employer and the union have a duty to bargain in good faith and make every reasonable effort to make a collective agreement following certification or voluntary recognition, and at the expiry of each collective agreement.
But what does good faith mean? Generally, good faith means that both parties meet with the intention of concluding, revising or renewing a collective agreement, and making reasonable efforts to do so. It also involves engaging in a full, rational, informed discussion about the issues. Parties are to avoid deception, surface bargaining and taking unreasonable bargaining positions. Neither party can, of course, propose illegal clauses.
The duty of good faith bargaining seeks to minimize industrial conflict by fostering rational, informed discussions. As such, last minute demands and...
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