It's unfortunate. I don't think the minister should have the ability to direct the board to end a strike.
The question of bargaining in bad faith gets resolved only well after a dispute or a work stoppage may arise. Ultimately, I think it's a finding of fact, particularly when there are monetary penalties involved. I don't think the special mediator's report is a finding of fact. It's a subjective finding. I don't believe the “bargaining in bad faith” question can be resolved by the minister either, so I don't think these provisions, as stated, will necessarily prevent the parties from bargaining in bad faith if, in fact, that is found to be the case.
