What is meant by "good faith bargaining"?

Good faith bargaining refers to the legal duty of parties involved in negotiations to engage honestly and sincerely in the bargaining process. This implies that both sides are committed to making a genuine effort to reach an agreement, rather than employing tactics aimed at undermining the negotiation or simply going through the motions without any intent to resolve outstanding issues.

In the context of labor relations, good faith bargaining requires that employers and unions communicate openly and constructively, presenting their positions and concerns in a manner that fosters dialogue and collaboration. It prohibits behaviors such as refusing to negotiate, failing to engage with the other party, or employing delaying tactics that could hinder the progress of negotiations.

This principle is crucial because it not only helps pave the way for mutually beneficial agreements but is also a legal requirement under various labor laws, reinforcing the idea that both parties must approach negotiations with the intention of reaching a fair compromise. The expectation of good faith significantly influences the outcome of labor negotiations by ensuring that all parties remain engaged and committed to the process.