What is the duty of an employer to bargain in good faith?

Nova Scotia, Canada


The following excerpt is from International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, Local 849 v Egg Films, Inc, 2015 NSLB 213 (CanLII):

The duty to bargain in good faith—that is, the duty to make every reasonable effort to negotiate a collective agreement—serves two purposes: a. it “reinforces the obligation on an employer to recognize the bargaining agent;” and b. it is “intended to foster rational, informed discussion thereby minimizing the potential for ‘unnecessary’ industrial conflict:” UEW v. DeVilbiss (Canada) Ltd [1976] 2 Can LRB Rep 101 (OLRB-Adams) at p.114.

Other Questions


What is the test for an employer to conclude that an employee has abandoned their employment? (Nova Scotia, Canada)
Can a unionized employee sue their employer for medical care for mental stress? (Nova Scotia, Canada)
What are the Charter values allegedly infringed by the Minister of Employment and Immigration? (Nova Scotia, Canada)
Is a plaintiff required to produce a hard drive of his Facebook account to prove that he suffered from chronic fatigue and ongoing fatigue prevented him from seeking employment? (Nova Scotia, Canada)
Does the fact that a grievor feels or believes she was a victim of workplace harassment or insubordination in an employment tribunal (i.e. a union representing the grievor during the investigation of a harassment complaint)? (Nova Scotia, Canada)
What is the difference between whether an employer is an agent of an insurance company or the agent of the insurance company? (Nova Scotia, Canada)
What are the governing principles for the termination of probationary employment? (Nova Scotia, Canada)
Does retaliation not have to be the only reason for an employer's decision to dismiss a human rights complaint? (Nova Scotia, Canada)
What is the test for determining who is the weaker bargaining portion in a motor vehicle accident claim? (Nova Scotia, Canada)
What is the test for good faith in performing a public duty? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.