(c) retaining consistent representation during the negotiation process, un-
less there are good reasons for not doing so
(d) attending meetings timely;
(e) motivating any proposals made
(f) considering proposals made by the other party and, if not accepted,
give reasons why they are not accepted.
(3) Where parties cannot be completed to reach agreement, conduct which leads
to an inference that the party concerned has no genuine desire to reach
agreement may, constitute bargaining in bad faith. Bargaining in bad faith
may be inferred from the conduct.
(a) making grossly unreasonable demands
(b) refusing without good reason to make concessions;
(c) refusing to disclose relevant information that is reasonably required
for collective bargaining
(d) being insulting, derogatory or abusive in negotiations
(e) delaying negotiations unnecessarily
(f) imposing unreasonable conditions for negotiations to proceed;
(g) by-passing the representatives of the parties in the collective
bargaining process;
(h) engaging in unilateral action such as the unilateral alternation of terms
and conditions or industrial action before negotiations have been
exhausted.
(4) Negotiations are exhausted if both parties agree or one party declares
deadlock after
(a) the party has genuinely sought to reach agreement but failed to do so
after a reasonable period;
(b) the other party conducts itself in a manner from which it may be
inferred that it no longer wishes to bargain; and
(c) the other party bargains in bad faith
(5) A party that bargains in bad faith may not rely on its own conduct to
terminate the bargaining process and declare deadlock.
(6) Where the innocent party does not declare a deadlock, the defaulting party
may not implement its proposals or engage in industrial action.
(7) Any party in the beginning process may refer the dispute concerning a
failure to bargain in good faith to the Commission for mediation.
(8) Where the dispute is not settled through mediation, the dispute may be
referred to the Labour Court for its decision.
(9) Where a party bargains in bad faith, the other party need not continue
negotiations and its duty to bargain in good faith is met.
- – (1) Subject to the provisions of Section 68 of the Act, bargaining matters include
(a) wages, salaries and other forms of remuneration;
(b) terms and conditions of employment;
(c) allowances and employment benefits;
(d) employment policies and practices concerning the recruitment,
appointment, training, transfer, promotion, suspension, discipline and
termination of employees;
(e) the collective bargaining relationship including;
