Can an employer be held liable for refusing to enter into a collective agreement even if the employer makes an "irresistible offer"?
Canada (Federal), Canada
The following excerpt is from United Food and Commercial Workers Union, Local 401 v. Staff of the Non-Public Funds, Canadian Forces, 2016 PSLREB 57 (CanLII):
88 In Maritime Employers’ Association v. International Longshoremen’s Association, Local 1739, (1986),68 di 48, the facts set out that the bargaining agent in that case had decided that it would wait for other actions that were underway before it would enter into a collective agreement, going so far as to state that “… even if the employer made an ‘irresistible offer,’ no collective agreement would be signed.” The CIRB found that that constituted a breach of the duty to bargain in good faith and stated that that duty and the duty to make every reasonable effort to enter into a collective are not suspended or terminated during the final step in the collective bargaining process; namely, a strike or a lockout.
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