Hard circumstances lead to hard decisions

Question: How is the Association planning to respond to Bill 2? 

Answer:  The passage of Bill 2, the Back to School Act, in the middle of the night and after less than a day’s worth of debate, pulled the rug out from under teachers and ended the strike which, at that point, had been ongoing for 16 instructional days. As reported elsewhere in this edition of the News, the bill legislated a settlement, precluded any further bargaining, mediation or arbitration at the provincial level and eliminated local table bargaining entirely. To insulate the bill from an inevitable and highly credible constitutional challenge, the government took the unprecedented step of invoking the Section 33 provisions of the Canadian Charter of Rights and Freedoms (the “notwithstanding clause”), applying them in their entirety to the entire content of the act. Included in the bill were draconian penalties that would be imposed on the Association and individual members for any action that would seek to continue the strike or promote further labour action (as broadly defined in Alberta’s Labour Relations Code). 

The bill denied teachers a “normal” conclusion to the strike resulting in deep frustration, confusion and recrimination. Many members are deeply hurt and in a form of “moral mourning,” wondering whether their sacrifice and hard work over the past months was worth it. Association leadership and staff have heard from members and share this pain, even as we have been formulating a response that will allow the Association and teachers to continue to pursue our legitimate strike objectives, albeit by other means. 

At an emergent meeting on November 12, Provincial Executive Council confirmed several measures that were already being undertaken, and approved additional responses, the sum of which comprise a comprehensive plan that will guide Association action over the next few months. In broad strokes these include 

• engaging strategically and purposefully with government to advance teacher interests. This includes naming an Association representative to the Class Size and Complexity Cabinet Committee established and chaired by the premier, the first time in the history of the Association that teachers have been afforded direct access to the top-level decision makers in education;
• mounting a legal challenge of the Back to School Act and specifically its use of the notwithstanding clause, including applying for an interlocutory injunction;
• advocating, in concert with civil society and other unions in Alberta and across the country, opposition to the pre-emptive use of the notwithstanding clause;
• promoting and participating in the citizens’ initiative to restrict the use of public funds for public education; 
  enforcing aggressively and vigorously the terms of the collective agreements imposed by Bill 2 through individual and policy grievances;
• reviewing and revitalizing of local communications officers’ and local political engagement officers’ programs, examining their current roles and responsibilities, and how their critical work might be better supported;
• ongoing, refocused media public relations and advocacy campaigns making use of existing and new channels and modes of communication; and
• reviewing and assessing the role of local bargaining units and teacher welfare committees in light of the Bill 2 prohibition on local bargaining, providing support and direction as appropriate. 

While the eight strategies outlined here will together constitute a comprehensive and, I believe, effective response to the government’s actions while continuing to advance teacher interests and build Association capacity, some members will wonder why other possible actions were not taken. In determining the Association’s response, Provincial Executive Council had to consider several fundamental questions: 

• What is the likely outcome of the proposed action and in what timeframe?
• What degree of control and support (among teachers and in the community) would the Association have in implementing the proposed action?
• How would the action actually advance the interests of teachers?
• What risks, costs and consequences would the action impose upon individual members and the Association, and how do these compare to the anticipated benefits? 

You will appreciate that these are questions that your elected leaders could not ignore or gloss over. Hard circumstances lead to hard questions and hard decisions. 

Over the next few weeks and months, you will be hearing more about our progress in implementing these strategies. Some, I suspect, will generate their own Q&As. 

Questions for consideration in this ­column are welcome. Please address them to Dennis Theobald at dennis.theobald@ata.ab.ca.