Duty to bargain in good faith
The duty to bargain in good faith is the labour-law requirement that a union and an employer bargain in good faith and make every reasonable effort to reach a collective agreement. Ontario’s Labour Relations Act, 1995 and British Columbia’s Labour Relations Code each state it in their own words.
A buyer of a unionized business negotiating a first agreement, or a renewal, runs into this duty at the bargaining table. Whether the buyer is bound by the seller’s union relationship is a separate question, covered in successor rights.
What the statutes say
In Ontario, s.17 of the Labour Relations Act, 1995 says the parties shall meet within 15 days from the giving of the notice, or within a further period they agree on, and shall bargain in good faith and make every reasonable effort to make a collective agreement. In British Columbia, s.11(1) of the Labour Relations Code says a trade union or employer must not fail or refuse to bargain collectively in good faith in the province and to make every reasonable effort to conclude a collective agreement.
What to ask
- Whether a notice to bargain has been given and when
- What stage any bargaining has reached and what is on record
- Which statute covers the workplace; this entry covers Ontario and British Columbia only, so check the rules where you are
The union following the business answer covers what happens at a change of owner, and bargaining unit explains who is covered.
Sources
This definition is checked against primary sources. Links were last confirmed on the dates shown.
- 01Government of OntarioGovernmentLabour Relations Act, 1995, S.O. 1995, c. 1, Sched. A
- 02Government of British ColumbiaGovernmentLabour Relations Code, R.S.B.C. 1996, c. 244
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