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Court sides with B.C. Teachers' Federation on bargaining

The B.C. Supreme Court reaffirmed today that provincial legislation limiting teachers’ bargaining rights is unconstitutional. Justice Susan Griffin ruled Jan.

The B.C. Supreme Court reaffirmed today that provincial legislation limiting teachers’ bargaining rights is unconstitutional.

Justice Susan Griffin ruled Jan. 27 the government must restore collective bargaining provisions that relate to class size and composition and the number of supports provided in classes for special needs. Language will be returned to their collective agreement retroactively but will likely be the subject of ongoing collective bargaining.

Griffin also ordered the province to pay the B.C. Teachers’ Federation $2 million in damages and court costs.

“It’s a victory for teachers, but also for working people across British Columbia and Canada and for democracy,” BCTF president Jim Iker told reporters at his second press conference of the day.

The first press conference, hours earlier, marked the 12th anniversary of Bill 28, which stripped collective bargaining provisions in 2002.

Griffin noted that her decision echoes the court’s 2011 ruling that found Bill 28 legislation unconstitutional. She said the government enacted “virtually identical legislation” in 2012 when it introduced Bill 22.

She rejected the provincial government’s argument that it consulted in good faith with the union after the 2011 court decision.

“The court has concluded that the government did not negotiate in good faith with the union after the Bill 28 decision,” her summary states. “One of the problems was that the government representatives were preoccupied by another strategy. Their strategy was to put such pressure on the union that it would provoke a strike by the union. The government representatives thought this would give government the opportunity to gain political support for imposing legislation on the union.”

Education Minister Peter Fassbender said the decision disappointed him and the government.

“We’re really concerned about student outcomes and that’s where our focus has been and that’s where it’s going to continue to be and how we ensure we have the maximum amount of dollars dedicated into the classroom,” he said.

Fassbender said the government would need to thoroughly review the ruling and its implications before it decides whether it will appeal the decision.

He disagreed with Griffin’s conclusion that the government did not negotiate in good faith.

“We are focused on getting an agreement,” he said. “We want to collaborate, we want to cooperate and that’s what our focus has been; it’s going to continue to be that.”

Premier Christy Clark and former education minister Don McRae announced their hopes of reaching a 10-year plan with teachers in October 2012.

The government and teachers are at the bargaining table. The teachers’ contract expired June 30, 2013.

Iker said the BCTF expected the B.C. Supreme Court’s decision in the spring.

“It’s great that the decision actually came in sooner rather than later,” he said.

crossi@vancourier.com

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