A Report on the Teacher Collective
BargainingStructure
Submitted to the BCSTA Board of Directors
December 6, 2012
A Report on the Teacher Collective Bargaining Structure
Introduction
At BCSTA’s 2012 Annual General Meeting members passed the following resolution: That BCSTA
establish a task force to examine the collective bargaining structure between the education sector and
the BCTF and provide recommendations to the next AGM.
In response to the resolution, the BCSTA President appointed a Task Force of trustee and partner group
representatives. The Task Force surveyed all boards of education and education partner groups on three
questions:
1. What aspects of the current bargaining structure and process are working well?
2. What are the problems/challenges related to the current bargaining structure and process?
3. What ideas/recommendations for improvement would you suggest?
In total 39 submissions were received, including 36 from boards of education and 3 from education
partner groups. The Task Force reviewed the submissions and, where possible, identified common
themes. A link to all submissions is included in the Appendices.
Question 1: What aspects of the current bargaining structure
and process are working well?
Although there was overwhelming consensus that the bargaining process with teachers over the past
school year has been extremely stressful, some respondents did have positive comments.
Many respondents indicated support for maintaining a split between local and provincial bargaining
issues with major cost items remaining at the provincial table and “relationship” items remaining at the
local table. Although there are some challenges related to the current split of issues, there was no call
for a return to only local bargaining.
Several respondents referred to the importance of BCPSEA’s expertise in labour relations and the value
of having BCPSEA manage the cost items due to a lack of expertise at the local level. Comments also
included recognition for the timeliness and thoroughness of the communications from BCPSEA.
A few submissions suggested that overall the current structure has the potential of working as
evidenced by the two agreements that have been successfully negotiated in the past.
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A Report on the Teacher Collective Bargaining Structure
Question 2: What are the problems/challenges related to the
current bargaining process and structure?
This question elicited a significant number of negative comments about the current system. The
consensus was that the current system is not working, that confidence in the structure has been lost,
and that all parties have been negatively impacted.
Responses to this question were organized by the Task Force into the following themes:
a. Relationships and Attitudes
Many respondents expressed concern over the poor relationships that now exist between teachers and
the government. Many felt that both “sides” were intransigent and had fundamental philosophical
differences leading to a lack of trust and cooperation. Bargaining in the media was mentioned as an
inappropriate practice that exacerbated the poor relationships and negative public opinion of the
bargaining process in general.
b. Unclear and Conflicting Roles
Several respondents indicated there was a lack of clarity in the roles of BCPSEA, boards of education and
the provincial government in the bargaining process. Role confusion included the setting of the overall
bargaining mandate, what’s on the table, who should be at the table, and how decisions are made
throughout the process.
There was a mix of opinion on the role of the government in the bargaining process. Some felt that
since the real funder was the government, it was critical for government to be fully involved at the
bargaining table. However, several other responses expressed perceptions of the government
interfering and manipulating, and using the process to drive political agendas.
Respondents were clearer in their comments about the role of boards of education in the bargaining
process. Many conveyed a perception of feeling disconnected and having little influence on the process.
Some comments suggested BCPSEA is conflicted in terms of who it represents; that it is generally staff
driven, not responsive to boards, and that there is a lack of clarity between the roles of BCPSEA and
BCSTA. Although BCPSEA provided detailed and timely information back to boards throughout the
negotiations, some respondents felt that the voice of boards wasn’t being heard and that BCPSEA staff
and the government representatives had the primary control.
c. Restricted Mandate
Several comments referenced the challenges of trying to bargain within a restrictive and inflexible
mandate established by the government, as very little is left for the parties to bargain. Some comments
also referred to the inflexibility of the BCTF mandate. There was agreement that for true negotiations to
take place there has to be something to actually bargain for and that all parties must have the ability to
give and take.
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A Report on the Teacher Collective Bargaining Structure
d. Essential Services
Many comments referred to challenges related to the essential services designation. While there were
differences of opinion on whether education should be an essential service, most agreed that the
designation confounded the process. Some felt that the definitions were too narrow and the playing
field was not balanced, resulting in a reduced incentive to bargain for both sides.
e. Split of Issues
While there were no specific recommendations regarding the existing split of bargaining issues, several
comments suggested that there is a lack of clarity on the split and that there was little of substance left
at the local level. Some comments also reflected a concern that local issues were sidelined by the
provincial process, leaving boards with limited ability to reach agreements.
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A Report on the Teacher Collective Bargaining Structure
Question 3: What ideas/recommendations for improvement
would you suggest?
a. Build Relationships
There is an urgent need to improve relationships between the government and the BCTF. Suggestions
include: isolating the bargaining process as much as possible from political influences, agreeing on more
respectful communications protocols, and working towards a better understanding and appreciation of
the roles of each party. Although the most obvious relationship challenges appear to be at the
provincial level, there is a critical need and opportunity to rebuild relationships at the local level as well.
The Task Force recommends that a mediated process be implemented prior to the start of actual
negotiations to establish a set of negotiation values, parameters and protocols among the parties.
b. Role Clarification
Significant work needs to be done in establishing and communicating the roles of the various
stakeholders in the bargaining process. Although there was not consensus on an answer, the largest
question relates to the appropriate role of government in the process. As long as the government is the
sole funding source it is understood that it must set the overall financial mandate. However, having
government directly involved at the negotiations table on a day-to-day basis may at the very least give
the appearance of disempowering the vital role of BCPSEA in representing the interests of boards. The
need for an enhanced role for boards of education was frequently stated in the submissions.
The Task Force recommends that in advance of the next round of negotiations, discussions take place
between the provincial government, BCPSEA and BCSTA on the appropriate role for government in the
bargaining process and how the voice of boards of education can be more effectively represented.
c. Determining the Financial Mandate
It is understood that collective bargaining in the public sector must take place within financial
parameters established by the provincial government. It is also understood that the mandate will be
constrained by the economic realities of the day. Although this is ultimately the responsibility of the
provincial government, it is critical that the mandate reflect public expectations and board of education
needs. Trustees, as locally elected representatives, can and should have a voice in helping the
government establish the financial mandate. BCSTA can play a vital role, well in advance of negotiations,
by building a strong case with the general public and the government for a financial mandate that
strengthens public education and meets the needs of local boards of education.
The Task Force recommends that BCSTA continue to proactively represent the collective voice of
boards of education in establishing a mandate that continuously strengthens public education.
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A Report on the Teacher Collective Bargaining Structure
d. Communications
A recurring theme both in the submissions received and in the Task Force discussions was the
importance of consistent and clear communications. While there were concerns regarding
communication between the BCTF and BCPSEA, most of the commentary related to communications
between BCPSEA and boards of education, and ultimately, the general public. BCPSEA was praised for
providing frequent and detailed updates during the negotiations but several boards commented on the
challenge of translating the messages into ones that could be easily shared in their communities. It was
noted that the local BCPSEA representatives did not always provide consistent and timely information to
and from their boards. Some boards reported that they were hearing different information at different
times, resulting in inconsistent messaging to their local communities. The type and level of information
that could be shared due to potential conflict of interest was also a problem in some boards.
The Task Force recommends that BCSTA collaborate with BCPSEA to establish communication
mechanisms that will provide clear and consistent messaging for boards of education for use within
their local communities.
e. Essential Services
As indicated in the responses to Question two there were several concerns but no consensus on the
designation of education as an essential service. Some submissions called for a removal of the essential
service designation as this would permit the normal pressures of bargaining, strike and lockout to level
the playing field and exert pressure on both sides to reach an agreement more quickly. Others felt that
students and parents should not be subjected to such disruptions and that the designation should be
even more restrictive. Most submissions agreed that at the very least the process and degree of
designation needs to be reviewed and more clearly defined.
The Task Force recommends that BCSTA advocate for a full review of the essential services designation
and its impact on public education collective bargaining.
f. Bargaining Processes
Several submissions commented on the lack of consequences and incentives for both parties to reach a
deal. Echoing recommendations made in the Wright and Ready reports, several submissions expressed a
need for clearly established timelines that would spell out next steps and consequences, including
mediation, arbitration or strike/lockout.
The Task Force recommends that BCSTA encourage the government to revisit the recommendations
made in the Wright and Ready reports and that time-limited consequences be built into the
bargaining process.
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A Report on the Teacher Collective Bargaining Structure
Conclusion
This report summarizes the input received from 36 boards of education and 3 education partner groups
on the teacher collective bargaining structure. The two clearest messages heard from the submissions
were that local boards of education must play a significantly stronger role in the teacher collective
bargaining process and that urgent changes need to be made to avoid another acrimonious and
detrimental round of negotiations.
The Task Force understands that it is unlikely any structure will satisfy all parties or that any system can
guarantee conflict-free negotiated settlements. However, the prevailing unhappiness and discouraging
track record of the existing structure calls out for change that will:
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Build relationships
Minimize disruptions to students
Provide a clear and strong role for boards of education
Provide clarification of the roles of the government, BCPSEA and boards of education in the
bargaining process
Provide opportunities for broad input in setting the bargaining mandate
Improve communications among stakeholders
Based on the above goals and the submissions received, the Task Force makes the following
recommendations to the BCSTA Board of Directors:
1. That a mediated process be implemented prior to the start of actual negotiations to establish
a set of negotiation values, parameters and protocols among the parties;
2. That in advance of the next round of negotiations, discussions take place between the
provincial government, BCPSEA and BCSTA on the appropriate role for government in the
bargaining process and how the voice of boards of education can be more effectively
represented;
3. That BCSTA continue to proactively represent the collective voice of boards of education in
establishing a mandate that continuously strengthens public education;
4. That BCSTA collaborate with BCPSEA to establish communication mechanisms that will
provide clear and consistent messaging for boards of education for use with their local
communities;
5. That BCSTA advocate for a full review of the essential services designation and its impact on
public education collective bargaining;
6. That BCSTA encourage the government to revisit the recommendations made in the Wright
and Ready reports and that time-limited consequences be built into the bargaining process.
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A Report on the Teacher Collective Bargaining Structure
Appendices
Task Force Members
Chair:
Teresa Rezansoff
Mickey Kinakin
Korky Neufeld
Mike Lombardi
Rick Price
Tina Last
Gordon Swan
Wayne Hunter
Linda Dolen
Holly Overgaard
SD51 (Boundary)
SD20 (Kootenay-Columbia)
SD34 (Abbotsford)
SD39 (Vancouver)
SD48 (Sea to Sky)
SD52 (Prince Rupert)
SD58 (Nicola-Similkameen)
SD63 (Saanich)
SD81 (Fort Nelson)
SD83 (North Okanagan-Shuswap)
BCASBO rep:
BCPSEA rep:
BCSSA rep:
BCPVPA rep:
BCSTA Staff Resource:
BCSTA Staff Resource:
David Green
Pete Williams
Steve Cardwell
Shelley Green
Stephen Hansen
Maggie Yuen
SD35 (Langley)
SD64 (Gulf Islands)
SD39 (Vancouver)
SD68 (Nanaimo-Ladysmith)
Executive Director
Manager, Administration & Executive Services
Submissions
A package with all submissions is available for download on our website (click to download).
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