1 / 4

Borg-Warner

Borg-Warner. Three Categories of Issues Mandatory: TCE, matters about which parties must bargain Permissive: Non-TCE, matters about which parties may bargain, but may not insist Unlawful: Matters about which the parties may not bargain recognition clause? Rationale

Download Presentation

Borg-Warner

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Borg-Warner • Three Categories of Issues • Mandatory: TCE, matters about which parties must bargain • Permissive: Non-TCE, matters about which parties may bargain, but may not insist • Unlawful: Matters about which the parties may not bargain • recognition clause? • Rationale • Wording of Act, parties only required to negotiate over TCE

  2. Borg-Warner (cont.) • Role of Board is to determine if impasse involves TCE • if so, may not get involved. • If not, may get involved as matter involves a potential 8(a)(5) violation • No M-P Distinction in Canada

  3. Statutory Interpretation, Section 8(d) • Majority • Statute requires bargaining only over TCE • May not insist on matters over which the other party is not required to bargain • Dissent • Statute requires bargaining over TCE but does not prohibit bargaining over legal non-TCE

  4. Does it make sense to say, as does the majority, that one party may propose a provision but not “insist” on it (HNB, pp. 637-38)? Does it make sense to say, as does the dissent, that one party may “insist” on a provision about which the other party is not legally required to bargain (OHN, pp. 630-40)? Majority vs. Dissent

More Related