JS380 Lecture Notes - Lecture 13: Bargaining Unit, Collective Bargaining

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Lecture 13: disclosure of decisions or plans substantially affecting the bargaining. 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. But non-disclosure is in direct conflict witht the duty to bargain in good-faith. But collecive bargaining is different, and here there is a duty to disclose in contract there is no duty to bargain in good faith, and so no duty to disclosre: helps foster rational, informed discussion. Where only one party knows such a critical fact, outcome much more likely to be arbitrary or inconsistent. 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. Union and employer negotiated a renewal of the collective bargaing.

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