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JS380 (30)
Lecture 13

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University of Regina
Justice Studies
Stefan Idziak

Lecture 13: Disclosure of Decisions or Plans Substantially Affecting the Bargaining Unit.  In Westinghouse Canada, board considered degree to which duty to bargain in good faith requires the employer to disclose information concerning plans to close or reorganize plants o immediately after bargain concluded, employer moved plant to less-union friendly area. o unoin argued this breached good faith, and moreover was motivated by anti- union animus and therefore constitutes an unfair labour practice.  BOard found violation of duty to bargain in good faith, but not unfair labour practice o employer under duty to dsicolose company plans that may have significant impact on bargaining unit if union requests o employer does not have duty to disclose plans that have not ripened into at least de facto final decisions.  Sunnycrest Nursing homes, board found a violation of duty to bargain in good faith where clear that a decision to contract out a substantial protion of the barganing units's work took place during negotiations with the union Brian Langille, "Equal Partnership in canadian Labour Law" (1983)  it is certainly easier for employer to conclude an agreement if he does not reveal his plans. o strong incentive for the employer to remain silent, lock the union inoto a bargain, then reveal the plans o also prevents the union from bargaining for benefits it could actually use (severance) o employers can and do exploit this  but non-disclosure is in direct conflict witht the duty to bargain in good-faith  in contract there is no duty to bargain in good faith, and so no duty to disclosre  but collecive bargaining is different, and here there is a duty to disclose o helps foster rational, informed discussion  Management must be able to respond to the economy, and many plans don't ever come to fruition o placing employer in a position where every possible plan is and exactly how close those are too fruition is unreaslistic. o plus union may view employer's discussion of possible plant closing as a threat o so require the employer to disclose is not workable. o but this presupposes that the union is going to be acting irratinoally  the fact is that non-dsisclosure of plans, even when not final, to shutdown or radically change a plan is not consistent with the duty to bargain in good faith  while union can ask questions and is entitled to honest answers, the whole point is that good faith puts an onus on parties to disclose.  letting the union know about relevant decisions to close or restructure has several benefits o Union should have some say in these kinds of decisions o by including the information, the process will be more rational  where only one party knows such a critical fact, outcome much more likely to be arbitrary or inconsistent. o finally unoin can focus its demands on issues that are liekly to be helpful to members, like severance International Woodworkers of America v. Conslidated Bathurst Packaging [1983] OLB Facts  union and employer negotiated a renewal of the collective bargaing  union tried to argue for more benefits around plant closures and severance pay  at no point did emloyer indicate the plant may be or w
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