Is a union entitled to make concessions if the Employer wins the strike?
Saskatchewan, Canada
The following excerpt is from Canadian Union of Public Employees, Local 3078 v. Board of Education of The Wadena School Division No. 46 of Saskatchewan, 2004 CanLII 65618 (SK LRB):
As set out in RWDSU v. Canada Safeway et al., [1995] 3rd Quarter Sask. Labour Rep. 170, LRB File No. 093-95, the nature of collective bargaining is that either or both sides may make concessions, especially when the strategy being pursued by one side is not having the anticipated results. In this case, even if the Employer was “winning the strike,” the Union was entitled to make a decision relating to any concessions that it would make or consider making in the context of legal or proper collective bargaining requests from the Employer.
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