Question: With CUPE locals going on strike for better wages, why aren’t teachers joining the picket line in solidarity with educational support workers?
Answer: As I am writing this, over 6,400 teacher assistants and custodians belonging to the Canadian Union of Public Employees (CUPE) are now engaged in labour action with employer school boards in Fort McMurray, Edmonton, Leduc, Sturgeon, Calgary, Okotoks and Parkland. In Fort McMurray, labour action commenced with rolling strikes on November 13 and a full walkout on January 7. Other CUPE locals have since commenced strike action and none, as yet, have settled.
These education support workers work closely with teachers, and we are natural allies in their struggle to achieve a fair negotiated agreement. It is hardly surprising, then, that teachers are asking how we can show solidarity with our coworkers even as teachers in affected schools are having to manage the impact of the strike on their classrooms and on the work they are required to do.
Labour action will disrupt schools; that is a feature, not a “bug,” of a strike and is intended to create leverage at the bargaining table. Although not directly involved, the Association has offered our support how and where we can. As individual teachers are considering what they can and cannot do, they should be guided by the following considerations:
- Teachers are currently employed under a valid collective agreement and are required and expected to attend their work sites as usual, even if this means crossing a CUPE picket line. Teachers are free to show solidarity and support for their CUPE coworkers, but must do so professionally and responsibly.
- There is a risk of discipline should a teacher choose to join a CUPE picket line. Even though it might be characterized as form of free expression, members should be aware that they themselves are not in a lawful strike position and continue to have a duty of loyalty and fidelity to their employer. Therefore, participation — even if on a teacher’s own unassigned time or outside of school hours — carries some risk of discipline. Should the division act against a teacher, the Association would, of course, provide representation to the best of its ability, but teachers considering joining a picket line must be aware of the potential risk of doing so.
- Subject to any dress code policies in the division and the school, teachers are encouraged to show their support by wearing purple, the colour adopted by CUPE as its visual identifier.
- Any discussion of the labour action needs to be carefully managed around students and should be age-appropriate. Generally, teachers should refrain from initiating discussion about the CUPE labour action in a classroom setting.
- Under section 196(1)(g) of the Education Act, “a teacher, while providing instruction or supervision, must, subject to any applicable collective agreement and the teacher’s contract of employment, carry out the duties that are assigned to the teacher by the principal or the board.” In some cases, the work typically performed by educational assistants (EAs) could be characterized as teacher work, especially if it relates to the health and well-being of a child. Given this ambiguity, teachers who are directed to undertake a task they believe is unsafe, is not the work of a teacher or for which they lack the necessary training should contact Teacher Employment Services (TES) as soon as possible.
- The employer should have a contingency plan for managing in the absence of EAs. Some teachers may be concerned about toileting/hygiene support and medication management for students and how to address similar situations. To provide teachers with advice, the Association will need to know what plan has been developed for providing specialized support to students, including any provisions for specific training and inservicing.
- The Association strongly suggests that teachers make concerns and objections known to their principal, in writing, regarding any direction given relating to work normally performed by support workers. While it is important that teachers assert their professional concerns and interests, please remember that principals are fellow members and deserve respect and consideration as they try to manage a very difficult situation.
- The teachers’ collective agreement, including all the provisions and entitlements, remains in force. Leaves such as sick leave, bereavement and maternity/parental/adoption leave should not be impacted. However, “may grant” leaves that need to be approved and are subject to a school’s operational needs or that are approved at a “mutually agreed upon time” are discretionary and may be challenged or limited, primarily due to the shortage of substitute teachers. Teachers are encouraged to contact TES for advice and support if their leave is denied or cancelled.
Our CUPE coworkers are demonstrating determination and resilience at great personal cost. Their actions can inform and inspire teachers considering their options as our own collective bargaining process proceeds. The support provided by individual teachers and, collectively, by the Association for CUPE workers in this difficult and protracted struggle can make a difference and advance their effort to ultimately achieve a fair settlement. ❚
Questions for consideration in this column are welcome. Please address them to Dennis Theobald at dennis.theobald@ata.ab.ca.
ATA Executive Secretary
