JS380 Lecture Notes - Lecture 14: Royal Oak Mines

• School: University of Regina
• Department: Justice Studies
• Course: JS380
• Professor: Stefan Idziak

Document Summary

Lecture 14: components of the duty to bargain in 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. 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. Arises after long intractable and very violent strike: 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: 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. Parties must bargain in good faith and take all reasonable steps to enter into a colelctive bargain: good faith subjective standard resonable efforts objective standard.