Vancouver Sun

The system is the problem

Stalemate is the norm in the collective bargaining system that has been in place for B. C.’ s teachers since 1994

- BY MARK THOMPSON Mark Thompson is professor emeritus at the Sauder School of Business at the University of British Columbia.

Once again, the parties are facing an impasse in bargaining for a new collective agreement. After more than 70 bargaining sessions, they have made no real progress toward a settlement. Stalemate has been the norm for these parties since 1994. Only one round of bargaining has been settled without government interventi­on. What is wrong with this picture? Depending on their political views, pundits blame the teachers for being intransige­nt, or the government for failing to bargain in good faith. Each position has merit, but why is confrontat­ion the norm for education when other parties are able to settle their difference­s?

The biggest factor is that the government constructe­d a bargaining unit that cannot strike and does not have access to any form of alternativ­e dispute resolution.

Teacher bargaining started in British Columbia in 1911. Local teacher associatio­ns negotiated with school boards without much legal regulation. In 1937, the provincial government amended the Education Act to establish a system of tri- partite interest arbitratio­n for teacher “salaries and benefits.” The system was highly structured. Parties bargained in the fall. If an impasse occurred, either party could invoke interest arbitratio­n covering topics in the Act.

During the 1970s and 1980s, the parties engaged in these processes with varying degrees of success. Some years, virtually every district settled with its teachers, while in other years, the reverse was true. I served on a number of arbitratio­n boards during this period. In my experience, the teacher advocates were much better prepared than the trustees. The B. C. Teachers Federation ran a training session over the summer to prepare its spokespers­ons. Outside of the larger metropolit­an areas, and one or two consultant­s, few trustee representa­tives matched the teacher advocates’ background and skill.

Arbitratio­n boards looked first to settlement­s in nearby districts for guidance in writing our awards. Secondly, we looked at settlement­s in the big private- sector companies, Alcan, Cominco, Macmillan Bloedel, etc. Normally, we all wanted the award to reflect the “going rate.”

Many people, who were not there, now claim that the teachers picked on weak school boards to set patterns.

No one claims that the teachers did not arrange bargaining to maximize their advantages. But the trustee nominees on the arbitratio­n boards were alert for awards that exceeded patterns for the region or year.

Indeed, they often wanted to set salaries below the pattern. I remember several arbitratio­n boards that examined all settlement­s in the province, from the highest to the lowest, before agreeing on a new salary grid. None of us wanted to be at either extreme unless a compelling argument existed for special treatment.

In the 15 of 18 boards on which I sat, no such argument was ever adopted.

The teachers liked the arbitratio­n process.

It assured their members a fairly predictabl­e salary increase without much expense or the emotional impact of a stoppage.

But they resented the exclusion of working conditions from the scope of bargaining.

I recall a very radical president of the BCTF saying at UBC that teachers would never strike over salaries, but they would strike over class size and compositio­n, which he described as “student issues.”

Change started in 1986- 1987. The province concluded that the exclusion of teachers from normal bargaining would not survive a Charter challenge. It amended the legislatio­n to give teachers much the same bargaining rights as other public sector workers. The teachers took full advantage of their new powers. They orchestrat­ed negotiatio­ns to maximize the applicatio­n of any concession they won in local bargaining.

The number did not seem excessive to me given the inexperien­ce of the parties, but parents certainly objected to the interrupti­ons in their children’s education. After a lengthy strike in Vancouver, the newly elected NDP government enacted back- to- work legislatio­n.

In 1993, the NDP government commission­ed a labour expert to report on bargaining structures in the broader public sector.

She came down strongly in favour of centralize­d bargaining for all elements in the public sector under provincial control.

The underlying theme in the report and among the staff who prepared it was that the BCTF had manipulate­d the system along the lines I outlined above. No data were ever advanced to support this position. There was no considerat­ion of bargaining structures in other provinces.

When the government proposed the new bargaining structure in 1994, the BCTF accepted it quickly. I never understood their position. They had given up the right to strike. The trustees were a little more reluctant, but probably felt they had little choice.

The government of the day, with the support of both parties, created a structure doomed to failure.

No government is going to tolerate a provincewi­de teachers strike. No minister of finance will accept arbitratio­n to distribute such large amounts of money without budgetary controls.

No one has been able to devise a settlement mechanism for resolving impasses, which have been the norm since 1994.

So again we await the passage of legislatio­n. With a “net zero” mandate imposed by the government, it will be difficult to craft an agreement that gives any satisfacti­on to either party.

Perhaps readers can suggest alternativ­es.

 ??  ?? When a bargaining unit does not have the right to strike or access to alternativ­e dispute resolution, an impasse is likely.
When a bargaining unit does not have the right to strike or access to alternativ­e dispute resolution, an impasse is likely.

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