Borg-Warner Three Categories of Issues Rationale

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Presentation transcript:

Borg-Warner Three Categories of Issues Rationale 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

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

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 Parties met at reasonable times and conferred over TCE, no violation