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Real Pleadings: OPSEU Bad Faith Bargaining Complaint Against LCBO

This is a new addition to my “Real Pleadings” feature.  Yesterday I noted that OPSEU members at the LCBO had voted in favour of striking if no new collective agreement is reached soon.   I indicated that the union had filed a complaint alleging bad faith bargaining by the employer.  The complaint mostly involves the alleged refusal by the employer to provide the union with costing information related to some of the employee benefits.  The union claims its needs this information in order to cost out its proposals and the employer’s offers.   The OLRB has a pretty steady history of ordering employers to disclose this sort of information, but perhaps the employer has some argument why this information is different.  I’m not yet aware if the employer has filed a response. Often these sorts of complaints are resolved without litigation.

Here is OPSEU’s bad faith bargaining complaint.  For you budding labour lawyers, check out the format of the document.   This is a well-drafted and structured pleading.


2 Responses to Real Pleadings: OPSEU Bad Faith Bargaining Complaint Against LCBO

  1. Darren Reply

    May 27, 2009 at 11:24 am

    Thanks for this, David! It’s a good learning resource to have.

  2. Peter Cameron Reply

    May 27, 2009 at 2:06 pm

    Although the pleadings are broad enough for the union’s purpose, I think there would be some benefit in conceptualizing the employer’s behaviour with more emphasis on the part of s. 17 that requires that a party “make every reasonable effort to make a collective agreement”. For an old Paul Weiler decision that sets out the significance of the two elements of the duty, see Noranda Metal Industries [1974] B.C.L.R.B.D. No. 149.

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