Don
Wright's
report on Teacher Collective Bargaining hasn't gotten
much attention because it was released just as politicians,
media scribes and pundits were taking off for a long holiday
season. If the resignation of Gary Collins counted as a
lump of coal in Premier Campbell's stocking, the Wright
report was a giant candy cane, big enough to be used as
a club.
Wright
essentially said that teachers don't really have the right
to strike because governments of all political stripes legislate
them back to work rather than taking the pressure and waiting
until an agreement is reached. He deserves credit for recognizing
that the absence of child minding is one of the factors
that contribute to the pressure to end strikes. While his
report makes twelve recommendations, the bottom line is
eliminating the right to strike for teachers and replacing
it with final offer arbitration.
As of
January 5, 2005, no one in the Campbell government has reacted
to the report; it falls under the responsibility of Minister
of Skills, Development and Labour, Graham Bruce. When Education
Minister Tom Christensen was asked to comment on the report,
he said he hadn't read it yet.
Once
upon a time, less than 20 years ago, contracts between teachers
and their respective local school boards were routinely
settled by arbitration. The government concluded that arbitration
was too expensive, so Bill Vander Zalm eliminated it and
gave teachers the right to strike. The difference between
final offer arbitration and simple binding arbitration is
that in the former the arbitrator must choose the final
offer of one of the parties; splitting the baby in half
is not allowed.
The
BC Teachers' Federation reacted strongly against Wright's
report. Within days of its release, BCTF President Jinny
Sims authored an opinion piece in the Vancouver Sun and
hit the talk show circuit. In the BCTF's
news release she described the report as a "pre-election
ploy". She may be right.
It would
not be surprising to see the Campbell government introduce
legislation sometime in February to implement the recommendations
of the Wright report, in particular, legislation that would
eliminate the right of teachers to strike and that would
impose final offer arbitration in the event the parties
could not negotiate a contract. The Campbell Liberals campaigned
in the last election with a promise to make education an
"essential service", but an essential service
under the Labour Code is different from eliminating the
right to strike. Essential service simply means that the
Labour Relations Board determines essential staffing levels.
When the BCTF began their last job action, the Campbell
government imposed a contract by legislation long before
all options were exhausted under the Labour Code. This time
the government that didn't understand essential services
may be willing to come right out and eliminate the right
to strike. The difficulty was immediately recognized by
the BCTF; final offer arbitration might only mean the forced
acceptance of the employer's last offer since the government
would still be able to use its legislative power to overturn
the arbitration if the arbitrator choose the BCTF's last
offer. That is exactly what the Campbell government did
to the BCMA when it refused to implement a binding arbitration.
Notwithstanding
the legitimate concerns of the BCTF, the Campbell government
is likely to be attracted to the divisive nature of imposing
Wright's recommendations. It will drive their much hated
critic, the BCTF, off the wall. It will force the NDP to
vote on whether it supports the right of teachers to strike.
If the NDP votes against the legislation, it will provide
the Liberals with a rallying cry throughout the election
campaign; they will say the party is in the pocket of labour
and doesn't care about kids. If the NDP votes for the legislation,
the BCTF will turn on it more harshly than it has on the
government, and it will call on the BC Federation of Labour
to do likewise. It looks like an issue where the Campbell
government wins no matter what happens. The only losers
are those who depend on stable industrial relations in the
K-12 education system.
Political
observers of all stripes will be waiting with great anticipation
to see how the political parties and interest groups deal
with Wright's report.