1. 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

2. 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

3. 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