Essential Services

School districts will need to examine their own protocols and experiences to determine how they will operate during the teachers’ withdrawal of services.

BCPSEA has been served strike notice by the BC Teachers’ Federation pursuant to the Labour Relations Board Order of February 28.

The Labour Relations Board has issued its order regarding BCTF strike escalation.

Attachment: 
LRB Order on BCTF’s strike escalation

We have received reports from a number of school districts that their local teachers’ associations are now preparing to take a vote of their members next Tuesday and/or Wednesday to determine if BC Teachers’ Federation (BCTF) members are in favour of escalating their strike to a complete withdrawal of teaching duties.

We have received reports from a number of school districts that their local teachers’associations are canvassing BCTF members concerning potential increased strike activity.

The LRB issued a further letter late this afternoon, which provides as follows:

“The direction to mark the exams as scheduled must be given full effect. To that end, to the extent to which any further clarity may be required, pursuant to B21/2012, BCTF members are directed to mark the English 10 and Socials 11 provincial exams as they have in the past. I reiterate that administrators are to be used to the best extent possible in the marking of exams.”

LRB letter on further instructions for making of provincial exam

The LRB has now issued further directions in this matter which support BCPSEA’s position (see attached decision B21//2012). The LRB has found that the appropriate criteria to assess an administrator’s ability to mark the essay component of the identified exams.

Attachment: LRB decision B21/2012

The BC Public School Employers’ Association (BCPSEA) and the BC Teachers’ Federation (BCTF) have recently reached agreement on class/program composition and formation activities related to the beginning of the second semester.

While the LRB dismissed the BCPSEA reconsideration application, finding that asking the LRB to make the determination regarding reimbursement sought to have the LRB “directly intervene in the dispute between the parties in a manner well beyond the Board’s established approach to essential services designations,” the LRB directed that the remedy lies in re-addressing the fundamental approach to essential services designations in the education sector.

The LRB observed that, “as noted, the approach adopted by the parties in Phase 1 simply has not worked. It has not been balanced or effective in putting pressure on both parties.”

Attachment: LRB decision on Reimbursement

On November 29, 2011 the LRB issued its decision on this matter in B214/2011. The LRB denied the BCPSEA application to require the BCTF, on notice from BCPSEA, to reimburse school districts for an amount equivalent to the duties that teachers are not performing due to the strike. BCPSEA has today applied for reconsideration of that specific decision. 

The primary ground for our reconsideration is that the original decision did not properly interpret the LRB’s role in an essential services dispute.

Attachment: LRB Application for Reconsideration