(1) An employer shall not refuse or fail to meet to bargain collectively in good faith with a trade union certified as the bargaining agent for its enterprise in accordance with this Division.
(2) A trade union certified as the bargaining agent for an enterprise shall not refuse or fail to meet to bargain collectively in good faith with an employer in accordance with this Division.
(3) An employer or a trade union certified as a bargaining agent that contravenes subsection (1) or (2) commits an offence and is liable for a first offence on summary conviction to a fine not exceeding $5,000 or on summary conviction for a second or subsequent offence to a fine not exceeding $500 for each day on which the offence continues after conviction for the prior offence.
(4) Where there is doubt whether the trade union or employers' organization is meeting and engaging in collective bargaining in good faith and making every effort to conclude a collective agreement in accordance with this Division, the matter shall be determined by the Labour Commissioner.