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Canadian-American Jurisprudence on 'Good Faith' Bargaining

Resource type
Authors/contributors
Title
Canadian-American Jurisprudence on 'Good Faith' Bargaining
Abstract
Until the 1970s and 1980s, the National Labor Relations Board (NLRB) enjoyed a broader remedial authority than did Canadian labor boards. US developments during those years involved delineating the NLRB's remedial authority and its exercise for bad faith bargaining. By contrast, Canadian jurisprudence on bad faith bargaining blossomed during the past decade. The British Columbia and Ontario boards were empowered to arbitrate first agreement disputes as a remedy against bad faith bargaining. The Ontario board developed such principles as preserving and maintaining the decision-making framework for negotiations and a full and free discussion. Canadian and US boards are similar in that they: 1. deal with the failure to disclose information the same, 2. have the same meaning of surface bargaining, and 3. similarly determine how concession bargaining could comply with good faith principles.
Publication
Relations Industrielles
Volume
41
Issue
3
Pages
596-620
Date
1986
Language
English
ISSN
0034379X
Accessed
2/3/15, 5:27 AM
Library Catalog
ProQuest
Rights
Copyright Universite Laval - Departement des Relations Industrielles 1986
Citation
Bemmels, B., Fisher, E. G., & Nyland, B. (1986). Canadian-American Jurisprudence on “Good Faith” Bargaining. Relations Industrielles, 41(3), 596–620. https://www.erudit.org/fr/revues/ri/1986-v41-n3-ri1144/