Sunday, June 8, 2014

BCTF Strike: What's on the Table?


Aeschylus, a Greek playwright said, “The first casualty of war is the truth.” Well, the best way to sift through all this educational mess is to look at primary documents. So, that’s what I did. I chose class size and composition to write about because I believe they are central to the dispute between the BCTF and the Provincial Government.

So what exactly is the BCTF asking for in relation to class size and class composition?

According to Proposal U62 of the BC Teachers’ Federation Bargaining Proposal – 2014 dated on June 3, 2014 at 1:44 (it doesn’t say AM or PM), they are asking for a reduction of 4 students per class, 3 in secondary by 2016.

Regarding class composition the limit is 3 special needs students per class. They also want to limit 170 students to any secondary teacher’s load.

Specialist teacher staffing levels come in at the following for 2016 (I’ll mention the first few):
  • Learning Assistance: 1 teacher for every 275 students
  • Special Education Resource: 1 teacher for every 200 students
  • Teacher Librarians: 1 teacher for every 400 students


They have also included provisions for exceptional circumstances, which use terms like “mutually agreeable resolution” and “arbitrator”, for example.

So, what does the BCSPEA (government bargaining team) proposal say about class size and composition?

According to the BCPSEA Proposal E51 dated on February 13, 2014 at 12:04 (no AM or PM), “the School Act and the Class Size and Compensation Regulation both address class size”.

In other words, the numbers do not appear in a collective agreement; they are in the School Act. (Kindergarten – 22; grades 1 to 3 – 24; grades 4 to 12 – 30). I cannot find any numbers regarding class composition.

The proposal goes on to discuss “Consultation and Resource Allocation”. It makes reference to a “Workload Fund” designed to support teachers who may need help because of class size or composition issues. It is not clear on how much this fund is.

It then discusses “Initial School-Based Consultation”. This section discusses consultation with teaching staff, staff committee or union staff with the purpose of the principal making recommendations to the superintendent about classes that need additional resources and teacher workload issues.

There is discussion on the “Tentative Resource Allocation Plan” which talks about re-assignment and re-structuring of a class or classes in a school, provision of additional teaching and support staff, additional teaching time and training.

It’s easy to see the difference between the BCTF approach and the BCSPEA approach. The union wants to control hard numbers in a collective agreement. The BCSPEA wants to have numbers in the School Act. Both profess to include consultation with the other.

The BCSPEA’s stance on this issue as relayed to me by Ben Green, Public Affairs Officer, Ministry of Education is:

“BCPSEA’s position is that addressing complex classroom needs and class composition requires informed professional judgement and discretion. Instead of rigid formulas and ratios, the most effective solution is to provide classroom teachers and school administrators with a stronger voice in allocating resources based on the unique needs of every classroom.”

The BCTF’s stance as pointed out to me by Susan Bauhart, President of the Central Okanagan Teacher’s Association, is that the courts deemed that the government continues to be in the wrong regarding the stripping of the teachers’ contract in 2002. And much of the language in her ruling centers around working conditions, class size and class composition. In the words of Madame Justice S. Griffin:

“First, the government argues that its “good faith consultation” with the union after the first court decision declaring legislation to be unconstitutional, essentially immunized the subsequent duplicative legislation from a similar constitutional challenge.  This Court concludes otherwise.  The government discussions with the union did not cure the unconstitutionality of the legislation. The Court has concluded that the government did not negotiate in good faith with the union after the Bill 28 Decision.”

One of the things that really sticks in the craw of the BCTF, and I would hope your average citizen, is that the government is somehow above the law. This fact makes it very difficult for anyone to support the government in this dispute.

But notwithstanding the court ruling, the government insists that it has the right to manage, and that means not having fixed numbers in a collective agreement.

Who is right? There is no doubt in anyone’s mind that smaller classes and more support for special needs students can only benefit everyone in our education system. And who can argue with schools having the ability to make decisions based on informed professional judgment and discretion?

But the question is, who should be in the driver’s seat?

Well, if you notice, the BCSPEA’s stance is from a management point of view. The BCTF’s stance is purely legal. The BCSPEA is saying, more or less, “We retain the right to manage.” The BCTF has never come out and said that they want to manage. But I think they’ve indicated that they do, and the law is on their side. Who can disagree with that?

But who should manage, the employee or the one who holds the purse strings?

The other part of this whole calamity are the actual demands of the BCTF. Decreasing class size by 3 to 4 students per class across the province would cost in the neighborhood of $250 million. Although this demand may be fair in relation to what’s happened in the last decade, it isn’t doable. But teachers are prepared to launch a full-scale strike for this.

If you add the above demands to their proposal for prep-time and other benefits, before you even get to the salary question, the BCTF’s proposal is not affordable. Yet they are ready to walk off the job.

I believe the BCTF’s intentions certainly are right-minded, including getting a raise, but their demands are so high that they are actually working against themselves.

Personally, I disagree with strikes in education. Yes, education is under-funded; it has been for the last decade or two. I have personally witnessed the decline in Learning Assistance and School Librarians, to name two. But striking affects our children personally. Within the context of the universality of education, to strike is wrong. It is disruptive and it affects the innocent.

So, what do we do about this government that continually underfunds education? Hand over control to an organization that makes undeliverable demands? I think not. I believe it is high time to mobilize educators, parents and taxpayers in general.

First of all, I encourage teachers to vote “NO” in the present strike vote. This will garner public support. To vote yes will directly affect our children. The public will not appreciate this.

Second, I encourage parents, PAC’s and taxpayers to write to your MLA’s expressing your disapproval with the under-funding of education and the backward thinking of the collective bargaining process. And ask them why the government is above the law. They do listen. It’s you who elect them.

Third, I encourage all parents, grandparents, aunts and uncles to write to your children’s teachers and show your support for the small miracles they perform everyday for your child.

Fourth, I encourage all parents and PAC’s to write to your local School Board Office and request a detailed accounting of how your money is being spent.

Fifth, I encourage all taxpayers to write to the Provincial Government and demand a tax refund for any money saved through this present dispute. If our teachers’ salaries are going to be withheld and our children will not be attending school, then taxpayers should get a refund.

And finally, let the coffee klatches emerge, perhaps starting with PAC’s. If like-minded people meet, and synergy takes its course, I’m sure a myriad of wonderful, effective ideas will emerge to help our society receive the public education it deserves.

Richard Knight is a retired educator living in Kelowna. He can be reached at richardjamesknight@gmail.com


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