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JS380 (30)
Lecture 14

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University of Regina
Justice Studies
Stefan Idziak

Lecture 14: Components of the Duty to Bargain in Good Faith  Subjectiv erequirement to bargainin good faith  objective requirement to make reasonable efforts to come to an agreement  normally as long as you are acting in good faith, you are on solid ground  but Royal Oaks looks at the objective component o what exactly does it mean to make "reasonable efforts"?  reasonable efforts requires us to look at comparable standards and practices in the industry o is the employer totally out of step with the rest of the industry?  where the employer's position is totally out of step and totaly intractable, this can be a violation of the duty to bargain in good faith. Royal Oak Mines v. Canada (LRB) [1996] SCC Facts  Arises after long intractable and very violent strike. o employer brought in scabs, which continues to be legal in NWT  Union member blew up a mine car, killing some scabs  BOard found violation of good faith in several areas o most particularly in employer's refusal to bargain unless the union dropped the issue of reinstatement and dsicipline of several employees accused of erious violence.  BOard order that the employer put back on the table a tentative agreement it had pur forwadr years earlier, which the union had then rejected, with the exception of four issues on which the employer had changed its position. o parties would be given 30 days to reach agreement, after whcih point binding abrigration Analsyis (Cory J.)  Parties must bargain in good faith and take all reasonable steps to enter into a colelctive bargain o good faith subjective standard o resonable efforts objective standard  ascertainable by looking to comparable stadnards and practices with the particular industry  so making proposals or taking stances that the other party would never agree to cannot be every reasonable effort o since reasonable effort objetive, Board must look to the industry to see whether other employers have refused similar claues o if it is common knowledge that resual to accept a clause would be unaccetable to any union, that clinging to that position is not bargaining in good faith.  Certain highly egregious stances will allow a rasonable inference that the party is not taking a real effort to meet agreement. o refusal of basic standard terms.  so refusla to even talk about terms that are standard in other members of the industry may lead to the board finding the employer is not making every reasonable effort to reach an agreement.  here, union involvment in dismissal is such a term, and refusal to discuss it is evidence that the employer is not taking all reasonable steps.  Since board correctly found employer not bargaining in good faith, and SoR patently unreasonable, the Board's finidng should
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