May 5, 2005

A Phony Issue

The right of teachers to free collective bargaining is one of the issues that is being distorted by the Liberals in the election campaign. It is useful to review the record. In August 2001 Bill 18 was introduced to amend the Labour Relations Code and amongst other things make education subject to essential service provisions. Speaking to the Bill, Labour Minister Graham Bruce said: "Bill 18 does not take away the right to strike by teachers or other school employees. It does mean, however, that in the event of a strike or lockout, education must come first, learning must continue, and students must be able to complete their school year regardless of age or grade level."

A couple days later, on August 17, 2001, Bruce was engaged in clause by clause debate of Bill 18 when he said: "The board will hear from both the employer and the bargaining unit. Through their discussions they will determine what levels are necessary to sustain the education system to live to what we're discussing here today: the fact that students, in our view, should be in the classroom."

The Liberals did not remove the right to strike in K-12 education; they simply made job action subject to prior approval of the Labour Relations Board. It didn't take long before the new system was put to the test. Before the Labour Relations Board could conclude its hearings on what constitutes essential services in education, the government introduced Bill 28 on January 25, 2002 and imposed a "contract" which it did not fully fund.

In December 2003 Don Wright was appointed to make recommendations with respect to the collective bargaining structure for teachers. He issued his report in December 2004 and called for final offer arbitration as an alternative to the right to strike. Labour leaders, particularly the BCTF, spoke out strongly against the recommendation; no one in the Campbell government said anything about the Wright report. At a time when the Liberals are trying to make teachers' right to strike an election issue, they are sitting on a report that calls for the elimination of that right but they are refusing to express an opinion on its recommendations. It appears that the Liberals cannot accept the idea of binding arbitration, as they didn't accept it with the doctors, crown prosecutors or judges. The public wouldn't know it from the election rhetoric, but the Liberals appear to stand solidly behind the right of teachers to strike.