FAQ – What is Bargaining in Bad Faith?

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By OE987 January 19, 2024

Bargaining in bad faith means negotiating or making deals without genuine intentions or sincerity.  It’s like pretending to negotiate but not really willing to reach a fair agreement.

In collective bargaining negotiations, The Labour Relations Act, CCSM c. L10 s. 62 requires the parties to bargain in good faith, which means to negotiate with a view to conclude a collective agreement (you must actually want to reach an agreement) and making ever reasonable effort to do so.

When someone engages in bargaining in bad faith, it can lead to negative consequences for both parties involved which can include a breakdown in trust and damaged relationships.  It can also waste time and effort, as negotiations may become prolonged or ultimately fail due to the lack of genuine intention.  Additionally, it can harm one’s reputation and make it difficult to establish future relationships based on trust.  In the event of bad faith bargaining, a complaint can be filed with the Manitoba Labour Board to review and make a decision on the allegation.

Rational, informed discussions between both parties can minimize the potential for unnecessary conflict in negotiations.