Teachers propose solutions; government remains entrenched

Teachers propose solutions; government remains entrenched

In a bold bid to spark a more creative problem-solving approach to the current dispute, the B.C. Teachers’ Federation is taking the unusual step of releasing publicly its proposals for a solution.Federation President Jinny Sims said the BCTF is pleased that talks are continuing today with the assistance of Vince Ready, and she remains optimistic a settlement can be reached soon.

“We want to inform teachers, parents, and students of the BCTF’s willingness to seek common ground and find solutions that will work for teachers and students in our schools,” she said.

Below are the elements of settlement that teachers will be bringing to the process facilitated by Mr. Ready today.

1. Amendments to the School Act to include:

– class-size limits for Grades 4 through 12 and limits for classes that have safety and exceptional learning issues, including the successful integration of students with special needs.

– staffing ratios for specialist teachers, such as teacher-librarians, counsellors, and learning assistance teachers.

2. Funding and a process for support for students with special needs that will involve the school-based team (the professionals working with the student’s parent) and will protect the confidentiality of the student:

– a three-year agreement that provides stability to the system and allows time for relationships to improve.

– reasonable improvements in salary and benefits in years 2 and 3 of the agreement.

“These elements reflect teachers’ continued willingness to reach a resolution,” Sims said. “We are determined to make improvements for students and, but we are also problem-solvers.”

Sims called on the government representatives to work through the process with Mr. Ready in the same spirit of co-operation. “This is not the time for threats, inflexibility, or posturing,” she said.

Sims said teachers continue to be tremendously heartened by the strong public support they are receiving on the picket lines throughout B.C.

We are so grateful for the cards, cookies, coffee, and other expressions of support that have come from parents, students, and concerned citizens across the province,” Sims said.

“As well, our co-workers in CUPE have demonstrated outstanding solidarity, along with members of the BCGEU, and the IUOE. And of course, I also want to acknowledge all affiliates of the B.C. Federation of Labour for joining us in taking such a strong stand against Bill 12.”

Sims said teachers are also very encouraged by the fact that more than 40 school boards have urged the government to take actions including negotiating a settlement with teachers, repealing Bill 12, and even abolishing the B.C. Public School Employers’ Association.

Sims also spoke out to her own members, thanking them for their strength and courage. “Our teachers remain incredibly strong on the picket lines, and united in our determination to reach a settlement that meets the needs of students and teachers in this province,” Sims said. “We believe that this proposal is a solution.”

For more information, contact Nancy Knickerbocker, BCTF media relations officer, at
604-871-1881 (office) or 604-250-6775 (cell).

News Release October 20, 2005

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Vancouver Parent Demostrations Spread!

Rallies and Demonstrations at Three Vancouver Schools Today, Thursday, October 20.
Parents Care; Teachers Care; Support our Teachers on the Line!
parents.jpg
Source:PRDTU

Kitsilano Parents to Rally at 10:00 am (see details in earlier entry)

Tyee Elementary Parents to Rally in Support of Teachers at 12:00 noon.
(Vancouver) Parents at Tyee Elementary School will be holding a rally to support striking teachers on Thursday, October 20.

Tyee parents are inviting others to join them at Tyee Elementary to show support and appreciation for teachers around the province – bring signs and noise makers.

Thursday October 20; 12:00 – 1:00pm
Tyee Elementary, 3525 Dumfries (19th and Knight)
(For more information please contact Helesia Luke at 778.858.0553)

Queen Victoria Elementary Parents to Rally at 2:30 pm, Thursday, October 20, 2:30 p.m.

Rally at the cul de sac on 4th, one block east of Commercial
If you are driving, please park on Victoria near 4th

Protest Songs and BBQ

The Premier’s Office replies to letter of support:

Even while negotiations are taking place, the premier’s office still sends out a blame the teachers message. The question is, is trust possible?
Charles
CampbellMug.jpg

Date: Wed, 19 Oct 2005 12:34:34 -0700
From: “OfficeofthePremier, Office PREM:EX”
Subject: RE: In Support of Teachers
To: “‘cmenzies@interchange.ubc.ca'”

Thank you for your email regarding the teachers’ dispute. . . . >Dowhatisay.png

Date: Wed, 19 Oct 2005 12:34:34 -0700
From: “OfficeofthePremier, Office PREM:EX”
Subject: RE: In Support of Teachers
To: “‘cmenzies@interchange.ubc.ca'”

Thank you for your email regarding the teachers’ dispute.

Last month, a fact-finder appointed to identify issues hindering negotiations determined that no reasonable possibility of a negotiated settlement exists. After eighteen months at the table and thirty-five
meetings, the British Columbia Teachers’ Federation (BCTF) and the British Columbia Public School Employers’ Association (BCPSEA) did not agree on a single item. In light of this, our government introduced the Teachers’ Collective Agreement Act. This Act extends teachers’ existing contract until June 30, 2006, at which time teachers will be able to seek a wage increase.

This will also give our government the opportunity to review teacher bargaining in British Columbia. The current bargaining model between the BCTF and BCPSEA has never resulted in a negotiated contract. Clearly, this is a dysfunctional structure in serious need of repair. We have appointed veteran mediator Vince Ready to lead an Industrial Inquiry Commission to recommend a new process for reaching collective agreements with teachers before bargaining resumes. The Wright Report, released in December 2004, provides a starting point for careful examination of this issue.

Pursuant to the Supreme Court of British Columbia’s ruling, we are imploring teachers to cease their illegal strike and return to their classrooms. We are willing to meet with union representatives to find solutions; however, we cannot do so as long as teachers remain in contempt of court. We are also urging the BCTF to accept our invitation to the Learning Roundtable, where all participants will have an opportunity to discuss class size, class composition, and other crucial issues related to learning conditions.

Our government supports teachers and remains unequivocally committed to providing students with the best possible public education. We have added $150 million this year to the education budget, which increases total education funding to more than $5 billion for the first time in our province’s history. We are interested in hearing teachers’ ideas on how to further improve our education system, and to this end, we are establishing a Teachers’ Congress to allow teachers to communicate directly with the provincial government.

Again, thank you for sharing your views with me on this important issue. Please visit www.mediaroom.gov.bc.ca/teacher_negotiations for the latest information.

Vince Ready to Faciliate Dialogue /Crown Prosecutors Step Away

The BC Teachers Federation is confirming that mediator Vince Ready is facilitating dialogue and is meeting with union leaders in a bid to resolve the teachers strike.

It’s now more important than ever to keep up the pressure and to maintaining levels of support activities for our teachers. If real gains are to be made for public education; if the rights of working people to bargain freely and fairly are to be upheld; then teachers and their supporters need to keep up the pressure.

See CBC coverage of this development.

Crown Prosecutors Declare a Conflict of Interest and Refuse to Prosecute Teachers
By JEFF HODSON
Metro Vancouver, October 18, 2005

If criminal charges are brought against teachers, Crown counsel will be unable to prosecute, says the head of the professional organization that represents B.C.’s 400 prosecutors. The Criminal Justice Branch of the Ministry of the Attorney General yesterday appointed Vancouver lawyer Leonard Doust as an independent special prosecutor. Part of Doust’s mandate will be to determine whether to initiate criminal contempt proceedings against illegally striking teachers. But, said Michael Van Klaveren, president of the B.C. Crown Counsel Association, “It is our position, right now, that prosecutors are in a conflict of interest position when it comes to prosecuting any teachers.”

Clipped from Comox Valley Teachers

Public supports teachers!

Polls show teachers union winning the PR battle in its contract war with the BC Liberals.[From]: Business in Vancouver October 18-24, 2005; issue 834

Public Opinion

Steve Mossop

Polls show teachers union winning the PR battle in its contract war with the BC Liberals

Round 10 in the labour battle royal pitting the BC Teachers Federation against the provincial government and the BCTF appears to be getting the upper hand in the public relations arena.

An Ipsos Reid poll of 800 B.C. residents completed on October 10 shows the majority of B.C. residents, especially parents, side with the teachers. Currently, the majority of B.C. adults (56 per cent) supports the teachers and the BCTF in this dispute (nearly double the 33 per cent that support the B.C. Public School Employer’s Association) and 54 per cent disagree with the provincial government’s decision to legislate an end to the contract dispute. Support levels are even higher among parents with at least one child in the K-12 school system, indicating that those with most at stake in the education system are the strongest supporters of the teachers.

Another research company, the Mustel Group, released a poll (albeit with a much smaller sample size of 300) showing a slightly smaller number (53 per cent) support the teachers, but that 52 per cent opposed the B.C. teachers’ plan to strike (45 per cent supported the idea). A further 81 per cent agreed that class size has an impact on education quality.

Historically, the provincial government could always count on the support of the public to take a hard stance toward the teachers. The BCTF’s militancy, its close ties to the NDP and organized labour and parents’ belief that education is an essential service always meant that contract settlements could be imposed with little political outcry – especially in B.C.’s recessionary ’90s.

This time around, however, it’s different.

Why?

Well, for starters, the B.C. government is sitting on a large surplus and the provincial economy is booming. In addition, the last estimate for this fiscal year puts the surplus as high as $1.3 billion, GDP has risen 3.6 per cent this year, the unemployment rate is at its lowest rate in decades and the housing boom has made everyone feel richer.

Another Ipsos Reid poll puts consumer confidence in the provincial economy at record heights (82 per cent describe the overall state of the provincial economy as “good” or “very good”).

Little surprise then that the poll shows 46 per cent of the adults surveyed feel that teachers are underpaid, compared with six per cent who said they’re overpaid. Even on the right to strike issue, the teachers appear to have support where little previously existed.

The government’s hard-line approach of a zero per cent wage increase, refusal to relent on the class-size issue and imposition of back-to-work legislation has therefore been made harder to swallow.

The BCTF has also done a relatively good PR job of comparing modest teacher salaries against escalating MLA salaries, and BCTF president Jinny Sims, with a softer, more friendly approach than her predecessors, has been able to cultivate increased support. The BC Liberals, on the other hand, have been relatively silent in this dispute.

Unfortunately for parents, students and teachers, it’s a no-win debate with both sides entrenched in unmovable positions.

This time, however, the BC Liberals may have gone too far in battling the BCTF, paying the price in the court of public opinion with an erosion of support for their government.

Steve Mossop is the Managing Director Of Ipsos-Reid, Market Research Canada West. He can be reached at steve.mossop@ipsos-reid.com.

Clarifications on No Fines Ruling

VANCOUVER(CKNW/AM980) – Lawyers for the BC Teachers Federation and BC Public School Employers Association were back in court this afternoon to ask for some clarifications on yesterday’s unprecedented ruling from BC Supreme Court Justice Brenda Brown.

Saying she did not intend to muzzle anyone’s freedom of speech, the judge has cleared up confusion about her unique orders.

Brown maintains the union is not allowed to use any assets –including phones, fax machines and computers– to keep the illegal strike going but —Larry Prentice, senior vice president, Ernst and Young Inc– the court-appointed monitor, will only be required to report irregularities involving finances.

Ernst and Young is a transnational company with a truly global reach.

As a global leader in professional services, Ernst & Young is committed to helping restore the public’s trust in professional services firms and the quality of financial reporting.
Source: Ernst and Young web page

See also the feature in magazine of the Canadian Association of Insolvency and Restructuring Professionals Rebuilding SuccessSummary of Rebuilding Success Story
(This abridged version follows the structure of the original as published in spring 2005)

In August of 2003 Larry and elementary school teacher second wife Linda Rizzardo (Prentiss was divorced in the late 1980s, early 1990s and remarried in 1992) bought a new home of Vancouver’s West Side and a membership in the Shaughnessy Golf and Country Club. He planned to engage in a lot of G & G (Golf and gardening)

His planned time off was interrupted by a call from the Office of the Superintendent of Bankruptcy with an invitation to join its Management Advisory Board. He was recruited to join the board of the Insolvency Institute of Canada. In February 2004 Janis Sarra, Assistant Dean of Law UBC ‘twisted his arm’ to serve as director for the Canadian Insolvency Foundation.. And it goes on . . .

From Rock ‘N Roll to Receivership.
Prentice aspired to be a teacher and a rock musician. He dropped out of UBC’s B.Ed. program in third year to begin a career as a member of a rock band.

Eight months later a cousin who had his own charted accounts firm offered him a job. Prentice found that “it was kind of interesting.”

With this experience in mind Prentice returned to his studies and enrolled in the Commerce program at SFU earning his degree in 1975 and qualified as a C.A. at Clarkson Gordon (now Ernst & Young where he remains to this day) in 1978.

Initially working in the audit division he found it uninteresting as a career and eventually found his way to insolvency “which seemed to be . . .a lot of fun.” His initial files were liquidations and then restructuring.

Prentice was a court appointed monitor for Woodwards Department Stores.

More recently receiverships have given way to restructurings. “Now we look first at whether the business can be revived rather than liquidated” said Prentice.

————————————–
A north coast angle: Larry Prentice was also the court appointed receiver for Prince Rupert’s ill-fated pulp mill and associated timber and milling operations.
————————————–

From the Globe and Mail

Monitor overseeing teachers’ strike activities once wanted to teach>
By ROD MICKLEBURGH
Saturday, October 15, 2005 Page S3

Larry Prentice didn’t waste time rolling up his well-tailored sleeves and getting to work as the trailblazing independent monitor appointed to scrutinize the B.C. Teachers’ Federation’s strike activities.

Mr. Prentice, a partner and senior vice-president in Ernst & Young’s Vancouver office, showed up at the BCTF’s nifty headquarters on WestSixth Avenue at 8 p.m. Thursday.

That was just seven hours after Madam Justice Brenda Brown’s innovative ruling put him in the accounting hot seat of the fractious teachers’ dispute. But first, the man who made a name for himself as one of the province’s premier insolvency experts had to clear up a possible conflict of interest.

Guess what? Mr. Prentice is married to an elementary school teacher. B.C. Supreme Court Chief Justice Donald Brenner, who appointed the 54- year-old, garage band rocker-turned chartered accountant, said that was fine.

No conflict.

There’s more. Guess what Mr. Prentice wanted to do with his life when he grew up? Yep. He wanted to be a teacher.

In fact, he was in the third year of UBC’s five-year education program, before deciding that teaching was not for him. “I wasn’t very good at it,” Mr. Prentice confessed in a magazine this year.

Somehow, after eight months in a Vancouver club band, Mr. Prentice discovered the buzz of accounting, eventually embracing the intrigue of insolvency, which, he once said, “seemed to be a lot of fun,” at least for accountants.

His first case was an insolvent hog-butchering plant in the Fraser Valley. Emotions ran high among those who had not been paid, ranging from tears to one furious pig farmer who threatened to go down to the bankrupt plant and remove his carcasses at gunpoint.

Compared with that, Mr. Prentice’s BCTF assignment should be a breeze. And a better smelling one, too!

It is often said that the government has had to impose a settlement on the BCTF in every round of teacher-trustee bargaining since provincewide bargaining was brought in by the NDP in 1994. Not so.

In 1996, teachers voted 89 per cent to accept a three-year contract providing a wage hike of 2 per cent.

Although this followed legislation giving the government power to impose a settlement, that clout was never used. The final agreement was voluntary.

In 1998, with the NDP still in government, teachers again accepted a new, three-year contract giving them a 2-per-cent pay increase. However, this contract also included a promise to hire 1,200 more teachers and set class-size limits in elementary school.

The government eventually did pass legislation to impose these terms, but only after the province’s school boards — not the teachers –voted it down.

This history lesson does not mean the current collective-bargaining system is anything less than dysfunctional. It does show that reasonable agreements have been reached with B.C. teachers in the past — under the NDP.

Not that relations were ever lovey-dovey between the BCTF and the New Democrats.

In 1993, Glen Clark declared that teacher bargaining at the local school board level was unfairly tilted in favour of the union.

And a year later, after the NDP brought in provincewide bargaining, then education minister Art Charbonneau was unceremoniously asked not to show up at the BCTF’s annual convention.

“We suddenly have a lot more on our agenda,” explained the teachers’ president at the time, Ray Worley.

Feed the teachers fund

College educators refuse to let the provincial government starve out the teachers!MEDIA RELEASE
October 14, 2005

College educators set up “Feed the Teachers” fund

We’re not going to let the Provincial Government starve out teachers says Cindy Oliver, President of the Post-Secondary Educators.

Support for the BC teachers’ protest has spread to BC’s post-secondary
sector with an announcement today that the Federation of ost-Secondary
Educators (FPSE) has established a special fund to help feed teachers during this dispute.

“It’s clear that the provincial government is hoping to starve out BC
teachers and we’re not going to let that happen,” said Cindy Oliver,
President of the 10,000 member FPSE. “We have set aside an initial commitment of $200,000 to buy $50 food vouchers which we will be distributing to teachers who are fighting for a fair collective agreement,” said Oliver.

“Our plan is to get other unions in the post-secondary sector to contribute to this fund. We have talked this morning with our national organization, the Canadian Association of University Teachers (CAUT) and expect to get a firm commitment from them as to their contribution. We are also appealing to others in the BC labour movement to show their solidarity and support for what we have done. I hope that by next week we are in a position to announce more contributions to ensure that every teacher in BC understands just how
much we are prepared to do to help them win a fair collective agreement,” said Oliver.

“The Premier and his Cabinet colleagues have to understand that the longer they refuse to negotiate with BC teachers the longer this dispute will drag on. Teachers want a negotiated settlement and we need the government to show that it is prepared to let those negotiations happen,” Oliver concluded.

-30-

For more information contact:
Phillip Legg, FPSE Communications at 604-873-8988
Or Cindy Oliver, FPSE President at 604-873-8988

Breaking News! NO FINES!

This entry outlines the three key sections of the Supreme Court Ruling (see below). There is very little actually stated in the ruling.

[8] The BCTF may use assets in the ordinary course of business, which would include such things as paying rent, wages to employees and other expenses it would normally pay. It may pay legal fees.

[9] The BCTF is restrained for 30 days from directly or indirectly using its assets to facilitate breach of the court order of October 6, 2005. In particular, the BCTF is enjoined from paying amounts to its members as “strike pay” or to otherwise compensate members for loss relating to breach of the order of October 6, 2005; from providing guarantees or promises to pay to protect members from such losses; from using its books records and offices to permit third parties to facilitate continuing breach of the court order. Either party may apply to extend or shorten this order.

[10] I am appointing a monitor to ensure that this order is obeyed. The monitor will have the following powers and duties:

(a) to have full access to all books and records of the BCTF, including all bank accounts of the BCTF and related entities;

(b) to review, on a daily basis, all payments made by the BCTF and related entities;

(c) to immediately report to the Court any payment or other activity which the monitor considers to be in breach of this order;

(d) to report to the court as requested with respect to the financial position of the BCTF and its compliance with this order;

(e) to appoint legal counsel as required and to obtain such assistance from time to time as the monitor may consider necessary in respect of its powers and duties.

A full text version of the Supreme Court Ruling can be found here.

Sunday’s ruling of contempt can be found here.

See also, CBC Coverage.

Judge orders B.C. teachers’ union to stop strike pay for illegal walkout

Steve Mertl
VANCOUVER (CP) – A B.C. Supreme Court judge rejected demands to levy heavy fines for an illegal strike by the province’s teachers Thursday, opting instead to handcuff the union’s ability to pay pickets.

Justice Brenda Brown essentially took control of the B.C. Teachers’ Federation’s assets and cash for 30 days to ensure neither union funds nor third-party donations can be used to pay strikers their $50-a-day picket pay.

Brown said the federation could still fund day-to-day business operations and its legal expenses but appointed a monitor to oversee the 38,000-member union’s finances to make sure her order is obeyed.

In a 2 1/2-hour hearing, a lawyer for the B.C. Public School Employers’ Association demanded the federation face significant and escalating fines for blatantly defying Brown’s weekend contempt-of-court ruling after the union went on strike Friday.

The B.C. Labour Relations Board ordered them back to work as the provincial legislature passed a law extending the teachers’ current contract until next June with no wage increase.

But federation president Jinny Sims said teachers would stay out of the classroom until the government negotiated a deal.