Where do we go from here with the teachers’ strike? For teachers, for government — continue the fight. For the public — get the kids back in school.
There is enough blame for both parties, and little credit, but please, no more fingerpointing — let’s get the kids back to school. There is a way.
This fiasco shows public-sector collective bargaining does not work for teacher professionals and, indeed, some others. Bargaining grew up in the private sector and the benefits to Canadian society have been enormous. It was adopted into the public sector after scant analysis because it was successful in the private sector.
Employers and unions within a private-sector marketplace negotiate, resulting in an agreement or a strike. Economic power is the reality of private-sector bargaining.
Public-sector bargaining is about political power. And, at the end of the day, the elected government has the whip hand.
But for a government to be re-elected, two things are necessary. First, it must complete tough things early so the public moves on before the next election. There would be no classroom disruption if the election was this fall, irrespective of who was governing.
Second, the government must be seen to be acting fairly with all workers, not picking on one group. Holding the pay increases for teachers to that of other public-sector workers is an example.
The government, if it does nothing else after this disaster, must introduce transparency into public-sector compensation. In recent years there have been numerous circumstances where the public, once aware of the facts, have been outraged. Not just collective bargaining spin, but also leaked compensation deals at senior levels.
Public employers and unions prefer secrecy and spin to transparency, as they fear a public backlash. Sunshine is the best antiseptic for this problem. The public has a right to know — it’s our money. Publicize facts, not spin, and the public can decide.
Since Labour Day, we have seen the government call for teachers to return while mediation occurs. Failure. Teachers call for binding arbitration, exclude core issues. Government rejects, saying a non-elected person should not render decisions that might cause tax increases when the arbitrator has no electoral accountability. Failure.
Both proceed with political grandstanding. Kids suffer.
Government will have to legislate, irrespective of public statements. It’s not when, it’s how.
The question is, will they misread public opinion to get the kids back as general popular support, and introduce heavy-handed legislation that attempts to do an end run around the bargaining and court processes? Even early in their mandate, they do so at their peril. Even-handedness is required.
NDP, Social Credit and Liberal governments have legislated ends to work stoppages. A sophisticated approach, a “Collective Bargaining Continuation Act,” has been used and worked before, (for example, a dispute at a university), and could be legislated here.
It would not now, and did not then, legislate a settlement. It would order the teachers back to work and the children would return to school. Its effect was, and would be, an indefinite cooling-off period. The parties continue bargaining and school would be in session. Teachers might withhold volunteer services affecting extracurricular activities, but school would start with the essentials in place.
Government should insert a clause in the Collective Bargaining Continuation Act 2014 that instructs government to pay the levels of compensation on the bargaining table as their last offer, if the B.C. Teachers’ Federation members vote to accept it. It is critical that the salary and benefit issue remains alive at the bargaining table and, as part of the collective agreement, improvements or changes are possible.
If the BCTF refused to allow its members to vote on receiving this compensation package, or teachers turn it down, the issue would go back to the bargaining table.
If either side decides not to want to return to bargaining, so be it — that decision will have more to do with waiting for the Court of Appeal decision. And, we should be prepared for whoever loses to appeal to the Supreme Court of Canada, while the winning side demands immediate implementation. Politics again.
This dispute is unsolvable at the bargaining table now, but the public want the kids back in school, and that is paramount. The parties made the mess, they can wait awhile, and not make kids suffer, while they clean it up.
Bob Plecas was a senior civil servant in B.C. for more than 20 years, serving as deputy minister in 10 different portfolios.
