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ARTICLE · 16 AUGUST 2024

To Bargain Or Not To Bargain? That Is Not The Question Under A Section 54 Analysis

Under section 54 of the B.C. Labour Relations Code (the "Code"), if an employer introduces or intends to introduce a measure, policy, practice or change that affects the terms...

CanadaEmployment and HR

Previously printed in the LexisNexis Labour Notes Newsletter.

Under section 54 of the B.C. Labour Relations Code (the "Code"), if an employer introduces or intends to introduce a measure, policy, practice or change that affects the terms, conditions or security of employment of a significant number of employees to whom a collective agreement applies, the employer must provide notice to the trade union that is party to the collective agreement at least 60 days before the date on which the measure, policy, practice or change is to be effected, and after notice has been provided, the employer and trade union must meet, in good faith, and endeavour to develop an adjustment plan.

The recent decision of the B.C. Labour Relations Board (the "Board") in Tolko Industries Ltd. -and- United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local No. 1-2017, 2024 BCLRB 3 reaffirms what it means to meet in

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