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Collective Bargaining

Trade agreement negotiation between an employer and a person(s) representative of a larger unit of employees, to govern hiring, work, pay and dispute resolution.

Those negotiations between an employer and a person(s) representing a group of defined employees seeking to agree on a global and comprehensive agreement to regulate working hours and conditions, dispute resolution, rates of pay and hiring in all regards as to members of the group.

In J.I. Case Co v Labor Board, Justice Jackson of the United States Supreme Court wrote:

"Collective bargaining between employer and the representatives of a unit, usually a union, results in an accord as to terms which will govern hiring and work and pay in that unit."

In Health Services, Justice Thackray of the Court of Appeal of British Columbia, §79 wrote:

"Collective bargaining in its essentials is a process of negotiation between an employer and a labour union with the object of concluding an agreement regulating the relationship between both the employer and its employees and the employer and the union."

The result of successful collective bargaining is a collective bargaining agreement (CBA), or also known as a trade or labor agreement.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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