Teachers don't have to coach extracurricular sports or attend graduation or award ceremonies, but they do have to participate in duties such as parent-teacher meetings and district committees, according to a Labour Relations Board ruling issued Friday, which comes just weeks before the end of the school year.
The B.C. Public School Employers' Association (BCPSEA) asked the LRB to determine if teachers withdrawing from extracurricular activities constituted an illegal strike.
Teachers voted mid-April in favour of a B.C. Teachers' Federation "action plan" to protest Bill 22, the Education Improved Act, which is complex and controversial legislation dealing with the teachers' job action and collective bargaining on class size and composition.
The action plan included withdrawing from extracurricular activities, which teachers labeled volunteer work. The employers' association filed an application with the LRB on May 9 challenging the move to withdraw from extracurricular activities.
Friday's ruling by LRB vice chair Ritu Mahil states the BCTF "has not declared or authorized an unlawful strike by directing its members to refrain from participating in activities, which occur outside of class time/instructional hours and are truly voluntary and extra-curricular.
"These include coaching, instructing or supervising student performances, sports teams, clubs or field trips, or attending graduation or awards ceremonies, where those activities are not related to a course or undertaken for marks." Mahil also found the union didn't authorize an unlawful strike by directing members to minimally participate in meetings with administrators.
But Mahil ruled the union did authorize an unlawful strike by directing members to withdraw from activities that occur outside instructional hours, but may be part of work duties such as school based team meetings, individual education program meetings, parent-teacher interviews, district committee meetings and Ministry of Education initiatives, including Ready Set Go and kindergarten orientation.
"The Union is directed to cease and desist from declaring or authorizing an unlawful strike in this manner," Mahil concluded.
Both the BCTF and the BCPSEA are claiming victory.
Susan Lambert, president of the BCTF, said she was satisfied with the decision.
"Overall, the ruling is a good legal victory for us. I have mixed feeling about it-it's comfort but it's kind of cold comfort because why were we there in the first place and have any of the issues that took us there been resolved?" she said. "So why are teachers withdrawing from extracurricular? That's the question we have to answer and the answer is because we have a desperately under-funded system that's facing even further under funding next year to the tune of least $100 million and 150 to 180 teachers lost."
Melanie Joy, chair of BCPSEA, said the association is "pleased" with the ruling.
"The Labour Relations Board has found in favour of our application. It declared the BCTF was engaged in an illegal strike by directing its members to withdraw from those activities-the committee meetings, school-based team meetings-these types of meetings that are usually performed after the bell. With that decision, the Labour Relations Board has provided clarification and it is extremely helpful. Yes, we're at the end of the school year, but this ruling we now have can be used in the future as well, so it's really important to have."
While the LRB found teachers could withdraw for activities such as coaching, Joy said it wasn't the employer's intent to say that teachers have to or don't have to participate in voluntary activities.
"We've always believed it is a teacher's choice to do that. Our concern was around the concerted effort of the union providing direction to its members to not participate in the voluntary activities. So we did receive clarification on that, so we appreciate that," Joy said.
The dispute isn't over yet. Mediation under government-appointed mediator Dr. Charles Jago is ongoing, although the BCTF is challenging his appointment in court. It's unclear when the court will issue a decision.
The mediation period runs to June 30. If there's no agreement by that date, the government has asked Jago for a report with non-binding recommendations.
Education minister George Abbott said he wants the dispute resolved by the next school year, raising the possibility a contract will be legislated.
Lambert said that would be the worst possible scenario.
"You cannot legislate good will, you cannot legislate collaborative, respectful relationships at the school or district or inter-ministerial level. You have to build those and you build those based on basic respect," she said.
noconnor@vancourier.com
Twitter: @Naoibh
