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Caw Vs Pc World Law Case Study

1234 words - 5 pages

CAW vs PC WORLDCaseStraight out, this case is about the "duty to bargain in good faith", unfair labour practices.CAW-Local 127, the applicant, claimed that PC World the responding party, that they engaged in bad faith bargaining, and requested a number of remedies for the alleged breach. PC World denied it had breached the Act, and was seeking the dismissal of these applications.The Boards decision after hearing from both sides: a) is that the January 8, 1997 proposal made by PC World has been extinguished by the passage of time; b) that PC World did violate the obligation to bargain in good faith and to make every reasonable effort to reach a collective agreement; c) that PC World's proposal of April 18, 1997, appears to have been designed to be rejected by the Union and its members; d) the parties are directed to return to bargaining forthwith to bargain in good faith and to make every reasonable effort that reach a collective agreement.PC World was stating that their January 8th proposal was removed off the table, where the Union stated that the offer was still valid and it was never removed. So PC World, due to a lengthy strike, the offer should be considered to have elapsed. In the Board's decisions after reviewing the evidence decided that PC World never told the Union on January 8th that if a strike commenced that the last offer was off the table. That if the offer had been withdrawn and they did not notify the Union, then the employer had failed to bargain in good faith because both sides never met again until April 16, 1997.From the commencement of the strike the Union persistently asked and pleaded to meet with the employer to recommence bargaining. The employer refused to do so until early March. At this time the employer had to meet with the Union because it was only after the Union filed the first unfair labour practice complaint against them. As per Section 17 states, that there be a shared intention of achieving a collective agreement, and that the parties commit a significant amount of time, effort, and energy to pursuit of that objective. Except for the attempt to a meeting on March 13th, PC World did not make any real effort to meet and bargain with the union despite repeated union requests which began in the first week of the strike in January until April. There were instances where the bargaining could have continued, but it was PC World that did not want to continue those negotiations and the Board found those findings as well, noting there were times they could have. It was to the point that the Union was prepared to meet under ANY conditions. It got to the point that Ms Lesperance (CAW committee) was to the point of sending the employees still on strike to work, yet PC World is refusing Ms Lesperance demands on wanting to know the working conditions in the plant. Yet PC World still did not want to bargain.April 18th offer from PC World compared to the last offer on January 8th showed a dramatic difference. The shift of...

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