2010 CanLII 58300 (BC LRB)
Labour Relations Board — British Columbia
collective bargaining — collective agreement — proposal — negotiations — store
The union complained before the Labour Board that the employer failed to bargain in good faith for the renewal of the collective agreement because it identified a set of non-negotiable terms and conditions of employment, and refused to consider any other terms and conditions the Union may propose. The Union argued that by virtue of the legislative changes in 2002 and B.C. Health Services, the duty to bargain in good faith had been enhanced, and the Board is now subject to a greater statutory obligation to supervise the conduct of collective bargaining. The Union argued the Board must now interpret and apply the Labour Relations Code in a manner that preserves the meaningfulness of the negotiations that are at the heart of the protected collective bargaining process. The Board did not accept the Union's submission that the duty to bargain in good faith was enhanced or that it imposed on the Board a greater duty to supervise the collective bargaining process. Nor did it accept that the duty to bargain requires the parties to compromise, especially where compromise is inconsistent with a party's interests. However, collective bargaining does require meaningful dialogue to take place, and in this case, the Board found that the Employer's approach to collective bargaining was inconsistent with its obligation to make every reasonable effort to reach a collective agreement.