UPDATE: DEVELOPING A NEW BARGAINING MODEL WITH TEACHERS ATTACHMENT 1 – Developing a New Bargaining Model: Presentation to School Boards at Spring General Meeting ASSUMPTIONS It is noted that the feedback received from school boards was often prefaced with commentary which reflected the following assumptions: The Minister of Education is unwilling to entertain local bargaining as the sole means of concluding collective agreements with teachers. The Minister is supportive of a bargaining model that would offer a more equitable distribution of influence and authority among the parties involved. Government is committed to having a direct role, in some manner, with concluding bargaining with teachers, and in particular in addressing financial elements. Government is committed to maintaining labour peace through long term collective agreements. The restructuring of bargaining certificates to provide local teacher bargaining units the authority to conclude their own local negotiations, without provincial ATA ratification, is a potential option. Should any or all of these assumptions prove to be invalid, school boards will require additional discussion on this matter. GUIDING PRINCIPLES School boards support the following principles, guiding their participation in the collective bargaining process with teachers, irrespective of the model developed and which can be sustained over time: Any amendments to collective agreements ought to: Be focused on improved outcomes for students; Be adequately funded to ensure predictability, reliability and sustainability; Provide and maintain flexibility for school boards and their right to manage their systems and reflect their local needs; Promote fairness and equity in consideration of all employees of the school board; and, Support school boards’ ability to attract and retain staff. Furthermore, school boards are committed to respectful and professional negotiations, with an assurance of transparency in the collective bargaining process. 1 SCHOOL BOARD INTERESTS Irrespective of the model developed for engaging teachers in collective bargaining, school boards deem the following necessary: Funding School boards require predictable, sustainable, long-term funding. School boards require adequate funding to afford the commitments made to teachers in collective bargaining, along with resources to address non-teaching staff expectations and system improvements. School boards require clarity around what resources are available for negotiations with teachers, non-teaching staff and system improvements. School boards recognize the value of concluding long-term collective agreements with teachers. If government commits to financial elements in collective bargaining, then they must fund such commitments on an ongoing basis. Representation School boards require a legislated, formal position in the bargaining process to represent their interests as the employer. If there is to be more than one tier for collective bargaining, then school boards need to have a legislated role that assures of their participation at all tiers of the process, including the local level. School boards support the engagement of senior administrators in the bargaining process as advisors to the employer and part of the employer representation. If government is to be involved in the bargaining process, it would be in partnership with school boards in representing the interests of the employer. School boards are seeking a bargaining process that provides equity in structure and influences between employer and employee representation. Irrespective of the model developed for bargaining with teachers, clearly defined roles, responsibilities and accountabilities would be required for all affected parties. The expectation would be that all parties engaged in the process would be committed to working within it. If the bargaining process is to include a representation of school boards, then it would not preclude the construct of a single or multiple employer bargaining associations, based on a variety of community of interests, to conduct the negotiations. Local Bargaining Irrespective of the model developed for bargaining with teachers, it must respect local needs. School boards must retain local autonomy and flexibility to address local concerns. Collective bargaining with teachers must include a local bargaining component where school boards have the opportunity to negotiate with their local teachers’ bargaining unit. In order to assure equity in levels of expertise and authority at the bargaining table, the bargaining certificates would need to reside with the school board and their local bargaining unit. If there is to be more than one tier for collective bargaining, then the local bargaining component must follow the conclusion of the broader, regional or provincial negotiations, and the parties require a reasonable timeframe to conclude the local component. 2 Scope of Bargaining Collective bargaining must be part of the process but not the only means of establishing terms of employment for teachers. Constructs such as Teacher Board Advisory Committees, liaison committees, and ad hoc committees, further facilitate the consideration of local issues and often contemplate professional teaching practices; these local conversations are generative and ongoing. The collective bargaining process should respect the local parties’ right to develop and implement such opportunities. School boards may support standard terms of employment established provincially if mandated/legislated and funded, but latitude must remain for additional local terms to be negotiated. If there is to be more than one tier for collective bargaining, then school boards require clarity as to what issues may be negotiated at the different tiers and what issues shall not be negotiated at any tier. The collective bargaining process will require a clear articulation of ratification procedures for each of the affected parties. Dispute Resolution Mechanism Irrespective of the final method of dispute resolution in the collective bargaining model with teachers, school boards support effective mediation and voluntary interest arbitration as options to the parties. Effective mediation ought to remain as a mandatory step in the dispute resolution process. Government retains the right to legislate alternate dispute resolution options when deemed appropriate. If strike and lockout is to form part of the bargaining process, it should be viewed as a last resort; it is incumbent on the parties to find resolutions that avoid such an outcome. A process needs to be developed to assist school boards in managing and affording dispute resolution processes (including grievances). POTENTIAL BARGAINING MODELS Prefaced with the preceding assumptions, the feedback of school boards seem to indicate there may be support for considering approaches to collective bargaining with teachers which provide opportunity for government participation and some form of partnership or cooperation among school boards; however the specific construct of such options require further consideration and may include, but are not limited to: Government establishing parameters for funding and duration of agreements, through legislation or regulation, in consultation with school boards to focus collective bargaining regardless of the model developed; A modified approach to local bargaining that addresses government interests and concerns; The construct of one or more employer bargaining associations (based upon a variety of community of interests); or, A multi-tiered bargaining process with a partnership between school boards and government. Notwithstanding, the model that would best meet the needs of the employer ought to be jointly developed by all school boards with Alberta Education. School boards would continue to benefit from the participation of senior administration in this activity. 3 ATTACHMENT 2 – Proposed Consultation Process May 12 May 15 Week of May 12-16 June 2 To be determined To be determined To be determined To be determined To be determined To be determined ASBA Board of Directors’ recommendations circulated to school boards (meeting 21-days notice requirement in ASBA Bylaws) ASBA staff provide a taped message for school boards to access which offers context and background to the ASBA Board of Directors’ recommendations Third meeting of ASBA senior staff and Alberta Education senior staff to review ASBA Board of Directors’ recommendations ASBA Spring General Meeting business session School boards receive clarification from government with respect to: time available for consultation the validity of the previously identified assumptions government’s interests and goals relative to collective bargaining with teachers Consultation process to be developed, with Alberta Education, to engage school boards, senior administration and government in further consideration of developing a model for collective bargaining with teachers Consultation process to be concluded ASBA Board of Directors receives update and develops recommendations to be considered by school boards ASBA Board of Directors’ recommendations circulated to school boards ASBA convenes a general meeting where school boards will consider ASBA Board of Directors’ recommendations 4
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