View cases - Stewart McKelvey

consideration and discussion to have them considered by the employer. In this sense, collectivebargaining is protected by s. 2(d). The majority stated:Thus the employees’ right to collective bargaining imposes corresponding duties onthe employer. It requires both employer and employees to meet and to bargain ingood faith, in the pursuit of a common goal of peaceful and productiveaccommodation. [para. 90]2011 SCC 20 (CanLII)[41] By way of elaboration on what constitutes good faith negotiation, the majority of theCourt stated:! Section 2(d) requires the parties to meet and engage in meaningful dialogue. Theymust avoid unnecessary delays and make a reasonable effort to arrive at anacceptable contract (paras. 98, 100 and 101);! Section 2(d) does not impose a particular process. Different situations maydemand different processes and timelines (para. 107);! Section 2(d) does not require the parties to conclude an agreement or accept anyparticular terms and does not guarantee a legislated dispute resolution mechanismin the case of an impasse (paras. 102-103);! Section 2(d) protects only “the right . . . to a general process of collectivebargaining, not to a particular model of labour relations, nor to a specificbargaining method” (para. 91).