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Canadian-American Jurisprudence on 'Good Faith' Bargaining
Resource type
            
        Authors/contributors
                    - Bemmels, Brian (Author)
- Fisher, E. G. (Author)
- Nyland, Barbara (Author)
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 / Industrial Relations
        Volume
            41
        Issue
            3
        Pages
            596-620
        Date
            1986
        Language
            English
        ISSN
            0034379X
        Accessed
            2/3/15, 5:27 AM
        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 / Industrial Relations, 41(3), 596–620. https://www.erudit.org/fr/revues/ri/1986-v41-n3-ri1144/
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