STF opts for arbitration if negotiations halt
Legislation may remove the group’s power to choose third-party settlement
As the Saskatchewan government, school boards and teachers start a contentious round of labour negotiations, the possibility of a strike or lockout appears to have been avoided.
The Saskatchewan Teacher’s Federation executive has opted to give a third-party arbitrator the final say if the groups hit an impasse.
A portion of the STF membership learned of the decision during its annual meeting of council in Saskatoon last week.
STF president Patrick Maze said although it’s the first time the organization has selected binding arbitration, it would prefer to reach an agreement without arbitration.
“The federation always comes to the table with the purpose of negotiating in good faith and reaching a settlement at the table and then having it ratified by members,” Maze said. “In this situation, we assume that government always comes to the table with the intent of negotiating in good faith as well.”
The Education Act in its current form allows a choice of arbitration or conciliation, where the two groups work through a mediator to settle on a contract.
The government is working to remove the STF’s option to choose, through a set of amendments that received a third and final vote on Thursday.
Education Minister Don Morgan said teachers are the only non-essential services employee group with the power to choose, calling it a “strange anomaly” at a recent committee meeting.
“They have never used that section, so the decision was made that we remove this and they would be on the same bargaining footing as other employee groups around the province,” Morgan said on Thursday.
Under the proposed legislation, both parties would have to agree to binding arbitration. Morgan would not comment on whether the government will impose the revision retroactively.
“Our goal is — of course, as it always is — is to sit down and bargain in good faith and try and resolve an agreement without work stoppage, without job action, and that’s the target of the ministry.”
Keir Vallance, a labour and employment law expert at the University of Saskatchewan, called the move “very uncommon” outside of sectors where it’s required, as binding arbitration has its risks and benefits. He said while it may result in employees getting a better deal, it also provides “political cover” to the government.
“The main disadvantage of binding arbitration is the resolution is
The federation always comes to the table with the purpose of negotiating in good faith and reaching a settlement...
ultimately out of your control as a party to the contract,” he said. “So you’re handing over resolution of the contract to a third party who would impose a settlement on you.”
Teachers’ collective bargaining agreement expires Aug. 31. The negotiations are confidential.