This is Business Law question about unionized Labour.

This is Business Law question about unionized Labour.

Please discuss all relevant issue and please discuss to what to extent (if at all) that minimalist perception still prevails.

Trade unions acquired the right to file an unfair labour practice complaint on their own behalf in 1974. Immediately thereafter, a number of complaints were filed with the Board in which it was alleged that an employer had failed to comply with the duty to bargain in good faith. The first decision to issue was United Electrical, Radio and Machine Workers of America v. DeVilbiss (Canada) Ltd., [1976] OLRB Rep. March 49 in which the Board identified the functions served by the duty to bargain in good faith as follows:

ADAMS, Vice Chair:a … a very important function of section 14 [now section 17] is that of reinforcing an employer’s obligation to recognize a trade union lawfully selected by employees as their bargaining agent. Certainly the freedom to join a trade union of one’s choice declared in section 3 of the legislation would be but an edict “writ on water” if an employer could enter into negotiations with no intentions of ever signing a collective agreement. But we believe the duty to meet and make every reasonable effort to make a collective agreement has an even more important function in a modern society that for the most part accepts that trade unions have legitimate and important roles to play. That is to say that the duty assumes that when two parties are obligated to meet each other periodically and rationally discuss their mutual problems in a way that satisfies the phrase “make every reasonable effort”, they are likely to arrive at a better understanding of each other’s concerns thereby enhancing the potential for a resolution of their differences without recourse to economic sanctions – the impact of which is never confined to the immediate parties of an industrial dispute. At the very least rational discussion is likely to minimize the number of problems the parties are unable to resolve without the use of economic weapons thereby focusing the parties’ attention in the eleventh hour on the “true” differences between them. … Hence it is our belief that the duty described in section 14 has at least two principal functions. The duty reinforces the obligation of an employer to recognize the bargaining agent and, beyond this somewhat primitive though important purpose, it can be said that the duty is intended to foster rational, informed discussion thereby minimizing the potential for “unnecessary” industrial conflict. 

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