Federal Appeal


Labour Relations

DUTY TO BARGAIN IN GOOD FAITH
Nothing unreasonable in impugned portion of remedial order

Canada Industrial Relations Board determined that applicant breached duty to bargain in good faith pursuant to s. 50(a) of Canada Labour Code. Board issued detailed remedial order. Applicant applied for judicial review. Application dismissed. Applicant did not provide requisite notice to argue that order violated Canadian Charter of Rights and Freedoms. Remedial determination was entitled to considerable deference. There was nothing unreasonable in impugned portion of remedial order. Remedial order might have facilitated compromise and furthered process of collective bargaining. Order was not punitive. Board’s reasons might have provided fuller explanation but reasons did not need to be perfect. There was ample basis for remedy that was awarded.

Listuguj Mi’gmaq First Nation v. PSAC (Nov. 4, 2015, F.C.A., Pelletier J.A., Scott J.A., and Mary J.L. Gleason J.A., File No. A-6-15) 260 A.C.W.S. (3d) 357.

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