Student demonstrations have accompanied the long teacher strike that started last spring.

Off to school, and back to court for BCTF

Court of appeal to hear arguments on who should control class size and teacher staff levels in B.C. schools

VICTORIA – Now that a cease-fire has emerged from the latest round in the war for control of B.C.’s public school system, the next court battle is ready to proceed.

Lawyers for the provincial government and the B.C. Teachers’ Federation have filed their written submissions to the B.C. Court of Appeal. At issue is whether legislation removing union contract terms that dictated class size and teacher staff levels was a violation of members’ constitutional rights to freedom of association.

When B.C. Supreme Court justice Susan Griffin found that it was, the government changed legislation again. The same judge ordered that struck down and the 2002 contract language reinstated retroactively for every contract since then, imposed or negotiated.

The government says that would create chaos as well as billions in expenses, pushing out full-day kindergarten and other allocations of space and money that have proceeded since union control was removed.

Griffin’s order is stayed pending this appeal. If you think the latest strike has been disruptive, you don’t want to see what this judge’s vision would look like.

Government lawyers argue that the BCTF’s constitutional right claim is “wrong in law” and amounts to a veto that blocks the province’s ability to legislate in response to changing conditions.

“According to the BCTF, legislation may improve on collective agreement entitlements but cannot remove them over the objections of the union without violating [the Charter of Rights and Freedoms],” the government’s submission says. “On the BCTF’s theory, collective agreement entitlements become constitutionally protected in perpetuity.”

What that would mean to voters is when they throw out an NDP government that handed the keys to the treasury to public sector unions, the unions can veto that too. And when mandated minimum teacher-librarians sitting in rooms full of paper books become the equivalent of buggy whip weavers, they must remain as long as the union wants.

BCTF’s lawyers submit that the government is wrong in fact as well as law. Its arguments are technical, dwelling particularly on the fact that the government didn’t appeal Griffin’s first ruling.

For instance, there have actually been two negotiated deals since 2002. The one in 2006 provided five years of raises and a bonus to get the government past the 2010 Olympics, and in 2012 there was a pre-election truce negotiated with the help of mediator Charles Jago.

The government argues that re-imposing 2002 conditions would overturn other contracts that were agreed to by the BCTF. BCTF’s lawyers say, in effect, the deleted terms covering working conditions weren’t there to negotiate.

The Coalition of B.C. Businesses has entered the case as an intervener, arguing for the supremacy of elected governments when providing public services.

Its submission notes that unlike private disputes, the right to strike is often curtailed in the public sector, and sometimes eliminated as in the case of police and health care.

“When critical aspects of public policy are jeopardized by employee demands, those aspects could be legislated; where a fiscal downturn or inflationary pressures required austerity measures, they could be implemented through legislation; where strikes jeopardize important public services, the legislature could pass back-to-work legislation, and so on.”

It’s been obvious for many years that the BCTF doesn’t function like a normal union, and isn’t much interested in starting to do so.

Its leadership sees itself as an agent of “social justice,” a belief demonstrated by its promotion of flawed poverty statistics and pronouncements on everything from U.S. labour law to conflict in the Middle East.

Its decades-old instruction to government is blunt: raise taxes and give us the money.

Tom Fletcher is legislature reporter and columnist for Black Press. Twitter: @tomfletcherbc

 

Just Posted

Oscar-winning producer J. Miles Dale on filming horror-thriller in Hope

In an exclusive interview, Dale explains why the town plays a large role in Antlers

Tarl rocks Silver Chalice Saturday

After spending summers in Hope visiting his grandmother, musician Tarl returns to… Continue reading

WATCH: Brother of missing Hope woman makes emotional appeal for more media attention

Next search for Shawnee Inyallie Nov. 18 along Highway 1 towards Boston Bar

Gas price drop expected to hit Fraser Valley today

Analyst says to take advantage, warns slight increase may follow

Players Guild challenges Chilliwack residents to solve classic Agatha Christie whodunit mystery

The Chilliwack Players Guild is performing Murder on the Nile from Nov. 22 to Dec. 2

Trudeau offers to help Pacific islands face climate change impact

Prime Minister Justin Trudeau met with the leaders from the Pacific island nations on Saturday during the APEC Summit in Papua New Guinea

BC Minister of Agriculture loses stepson to accidental overdose

Lana Popham announces death of her 23-year-old stepson, Dan Sealey

Canadian military’s template for perfect recruits outdated: Vance

Gen. Jonathan Vance, the chief of defence staff says that the military has to change because the very nature of warfare is changing, particularly when it comes to cyber-warfare

‘Toxic’ chosen as the Word of the Year by Oxford Dictionaries

Other top contenders for 2018 include ‘gaslighting’ and ‘techlash’

RCMP bust illegal B.C. cannabis lab

Marijuana may be legal but altering it using chemicals violates the Cannabis Act

1 woman dead, man in hospital after ‘suspicious’ crash: police

Homicide investigators and Burnaby RCMP are investigating the fatal collision

Canada defeats Germany 29-10 in repechage, moves step closer to Rugby World Cup

Hong Kong needs a bonus-point win over Canada — scoring four or more tries — while denying the Canadians a bonus point

Avalanche Canada in desperate need of funding

The organization provides avalanche forecasting for an area larger than the United Kingdom

5 B.C. cities break temperature records

Parts of B.C. remain warm, at 10 C, while others feeling chilly

Most Read