Can a collective bargaining agreement be maintained in effect?

Saskatchewan, Canada


The following excerpt is from United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 264 et al. v. Metal Fabricating and Construction Ltd., 1990 CanLII 7662 (SK CA):

Had the provisions of the collective bargaining agreement at issue in Bradburn v. Wentworth Arms Hotel been so construed as to maintain the agreement in effect, notwithstanding the notice to amend and the expiry date contained in the agreement -- and while negotiations with a view to concluding another agreement were being carried on -- there could then have been no true collective bargaining to that end: according to the majority decision, recourse to the statutory regime in place for that purpose, including conciliation, would then have been precluded; and the parties would not have been free to resort to strike or lock-out, as the case may be.

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