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Growing trend to
provide compulsory arbitration of unresolved first contract disputes,
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At least if employer bargains in bad faith
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Available in jurisdictions covering 80%
workforce
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Recently when National Bank of Canada found
guilty of bad faith in negotiating first collective bargaining agreement,
Canadian Labor Board gave them deadline to reach an agreement or have one
imposed
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Boards' have wide
discretion in setting remedies for violations.
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Seek settlements so criminal sanctions now
rare but they are still possible
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Can award damages. Usually do to make up for employee loss
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Can also impose punitive fines
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Recently have tried to make unions whole
for losses from illegal employer activity
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