Teachers face stiff fines for job action
Cooling- off legislation introduced to suspend ability to strike
The B. C. Liberal government introduced legislation Tuesday that imposes a six- month cooling off period and suspends teachers’ ability to legally strike while a mediator tries to bring the parties toward a negotiated agreement.
But neither Premier Christy Clark nor Education Minister George Abbott would say when the bill is expected to pass, leaving open the possibility of a three- day legal walkout at B. C. schools starting as early as next Monday or Tuesday.
Once passed, the Education Improvement Act will make it illegal for teachers not only to walk off the job, but also to continue current job action such as refusing to issue report cards.
The legislation, which prescribes the appointment of a mediator who will report back by the end of June, also sets out penalties in the event of any illegal job action.
Each individual teacher who strikes after the bill becomes law could face a penalty of up to $ 475 per day; the B. C. Teachers’ Federation could face a penalty of at least $ 1.3 million per day if an illegal strike were to occur.
The bill was introduced Tuesday just over an hour after the B. C. Labour Relations Board ruled that teachers could strike for three consecutive days, as long as they give notice two school days ahead of time.
After the first week, teachers may strike one day each week without violating a provincial law that designates education as an essential service in B. C.
Teachers were voting Tuesday, and will continue today, on whether to escalate job action. Notice of a strike tonight or Thursday morning could mean a walkout beginning as soon as Monday or Tuesday.
BCTF president Susan Lambert described Tuesday’s legislation as a highly political document that will not benefit teachers or their students.
“This act is the height of political cynicism. It’s much more of a political act than an education act,” Lambert told a news conference.
“It’s just looking towards the next provincial election instead of towards the needs of students in classrooms in B. C.”
Lambert wouldn’t say whether teachers are likely to strike in protest, noting only that union executives would meet Tuesday night to discuss the bill in detail.
“Stay tuned,” was her response when asked if a walkout is likely.
The last time B. C. teachers walked off the job was in October 2005, when they staged a 10- day illegal strike in response to government imposing a new contract. They were ordered back to work and the union was later fined $ 500,000 for contempt of court.
New Democratic Party leader Adrian Dix criticized the government for trying to politicize negotiations and turn them into a “wedge issue.”
“I think what we need from all sides is a return to a culture of respect that’s been missing,” he said.
“It’s my expectation that the NDP will be advocating a return to mediation, real mediation and that we’ll be voting against the bill.”
Abbott said the mediator called for in Tuesday’s legislation will be selected by government and has yet to be chosen. He said that person will be asked to look at issues such as the manner and consequences of class size and composition, the scheduling and selection of teachers and the localprovincial split of bargaining issues.
Abbott said the mediator will be able to look at wages, but only within the government’s net- zero mandate, where all raises must be funded by savings found inside the existing contract.
After the mediator reports back by the end of June, the two sides will be given time to reach an agreement before the cooling- off period ends Aug. 31.
Lambert described the proposal for mediation as a sham because the mediator will be required to consider proposals from the employer that would change teacher assessment, professional development and seniority rights.
“It’s very wily in my view. It’s very cunning. It’s not very sincere. They’ve crafted an act that legislates us into a mediated process with a predetermined end, and the predetermined end is further strips to our collective agreement,” she said.
“So, they want us to be complicit in the mediation or negotiation of strips. That’s what this act does.”
Speaking to reporters Tuesday afternoon, Clark called the bill an attempt by government “to find some middle ground.”
“I want to try to find some way to give the union a chance to back away from the cliff, to climb down from some of the rhetoric that we’ve seen here,” she said.
“I want to give the NDP the same chance to climb down as well on this stuff. I think by trying to give it a little time with the mediator with really strict guidelines and parameters on that around net zero I think we give it a little bit more of a chance to get there.”
Tuesday’s legislation also implements a long- promised $ 165- million Learning Improvement Fund to help fund support for special needs students.
Abbott said $ 30 million will be allocated to schools in this coming year, $ 60 million in the following year and $ 75 million every year thereafter.
That measure comes in reaction to a ruling last April that found several provisions of government’s previous legislation — Bill 27 and Bill 28 — to be unconstitutional.
“Money will be allocated to classrooms with the highest need in school districts based on consultations involving BCTF representatives, classroom teachers and district school staff,” said Abbott.
He added that, beginning in the next round of bargaining, teachers will again be able to negotiate class size, composition and related matters during collective bargaining.
He said this does not restore past collective agreement provisions on those issues, but instead allows for future discussion.
“Future bargaining on these matters would start from a clean slate,” he said.