Category Archives: Labor

The Province
Unions vow escalating protest
Labour unrest over the ongoing teachers’ strike is threatening to break into outright war. Today, an estimated 15,000 Vancouver Island Canadian Union of Public Employees members and other public- and private-sector unions are expected to march on the legislature to support teachers.

The Vancouver Sun
BC business council denounces teachers strike
Labour unions are leading B.C. on a “quick road to anarchy” with plans for a large-scale demonstration in Victoria today, B.C. Business Council president Jerry Lampert said Sunday. “We cannot have anarchy and chaos in the province,” he said. “It can only serve to undermine both the economic and social aspects of this great province.”

The Globe and Mail
Labour throws cap into the ring; Public-sector unions plan massive protest in support of 40,000 striking teachers
Thousands of workers will be off the job today protesting against the government’s refusal to negotiate with the province’s striking teachers, with more job action planned in the province tomorrow. The B.C. Federation of Labour and CUPE are staging the massive protest in Victoria in support of the province’s 40,000 teachers who have been off the job since Oct. 7 after the government imposed a new contract on them.

World Socialist Web Site
BC teachers strike poses need for a working-class political offensive
Today’s walkout in the Greater Victoria region and march on the provincial legislature attest to the mass popular support that exists for British Columbia’s 40,000 striking public school teachers and their principled and courageous defiance of anti-strike legislation and court rulings.Unions vow escalating protests
Today’s rally in Victoria is just the beginning, say labour leaders

David Carrigg and Ethan Baron
The Province; With News Services

October 17, 2005

Labour unrest over the ongoing teachers’ strike is threatening to break into outright war.

Today, an estimated 15,000 Vancouver Island Canadian Union of Public Employees members and other public- and private-sector unions are expected to march on the legislature to support teachers.

Bus travel and municipal services will be disrupted and classes at higher-education facilities such as Camosun College, Royal Roads University and the University of Victoria will be affected.

And tomorrow, about 4,000 northern B.C. CUPE workers plan to protest for a day if the dispute is not settled.

CUPE B.C. president Barry O’Neill said: “Our members will go on as long as it takes to get a settlement. We see collective bargaining going down the tube if we lose this.”

About 25,000 CUPE school-support workers have been on the picket lines with 38,000 teachers since the strike started Oct. 7.

The protest rallies are organized by the B.C. Federation of Labour as a first step in an escalating action to pressure the government to settle with teachers.

Fed president Jim Sinclair has said his 470,000 members could escalate their job action if there’s no resolution to the dispute.

B.C. Teachers Federation president Jinny Sims, who planned to march in today’s protest, said teachers will not go back to work until they get a meeting with Labour Minister Mike de Jong.

“We’re still looking for a table with government,” Sims said.

“There’s not going to be a solution until both sides are sitting in the room.”

But de Jong is refusing to meet with the union until they return to their classrooms. And he warned that the escalating job action is a serious threat to society as a whole.

“I hope no one underestimates the seriousness of the situation,” he said last night.

“When you’ve got teachers openly defying the laws of the land, then you’ve reached breaking point.”

De Jong said his office held informal talks with the B.C. Fed over the weekend, but no resolution was in sight. He would not elaborate.

The teachers are seeking a 15-per-cent wage increase over three years, smaller class sizes and more support for special-needs students.

The government recently passed Bill 12, which rolled over the current collective agreement until next March. The move sparked the strike.

De Jong said that, if the two groups do meet, it will be to discuss issues such as class size, not to negotiate a collective agreement.

Teachers are defying a B.C. Supreme Court order that they return to work, and the union has subsequently had its strike fund frozen.

On another front yesterday, business leaders urged the unions to call off the protest and said the teachers must return to work.

“By engaging in this illegal protest, they are sanctioning an illegal strike that is undermining the rule of law by openly defying our province’s highest legal authority, the B.C. Supreme Court,” said John Winter, president of the B.C. Chamber of Commerce.

Business Council of B.C. president Jerry Lampert said that by engaging in an illegal strike, the teachers and other unions are setting a dangerous precedent.

“Organized labour in Canada generally has a good record of recognizing and respecting the law,” he said.

“The B.C. Federation of Labour’s actions mark a regrettable departure from this tradition.”

Around 600,000 public-school students have been kept out of class.

Opposition Leader Carol James said NDP MLAs will attend today’s protest rally.

Today’s protest won’t affect patient-care services, extended care or those with disabilities. Neither will ferries nor prisons be affected. dcarrigg@png.canwest.com

ebaron@png.canwest.com

© The Vancouver Province 2005

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Business denounces protest to back teachers

Jonathan Fowlie
Vancouver sun

October 17, 2005

Labour unions are leading B.C. on a “quick road to anarchy” with plans for a large-scale demonstration in Victoria today, B.C. Business Council president Jerry Lampert said Sunday.

“We cannot have anarchy and chaos in the province,” he said. “It can only serve to undermine both the economic and social aspects of this great province.”

But B.C. Federation of Labour spokeswoman Jessie Uppal said there is “unanimous support” for the protest, which is expected to draw thousands of people, among the federation’s member unions.

The head Canadian Union of Public Employees, B.C.’s largest union, warned the province is in for “many days” of labour unrest.

“We are going to escalate this action” beyond today, CUPE B.C. president Barry O’Neill said in a weekend interview. “We will most definitely be moving this dispute to a much higher level.”

Uppal said the B.C. Fed will announce today plans for further action if the government won’t negotiate with teachers.

Nearly a third of CUPE’s B.C. members — 25,000 of them, including school secretarial staff, teaching assistants and custodians — are off work after refusing to cross teacher picket lines.

“Our members will go on as long as it takes to get a settlement,” O’Neill said. “We see collective bargaining going down the tubes if we lose this.”

Lampert, the business council president, warned “the rule of law must prevail” in B.C.

In a Sunday-afternoon press conference, Lampert joined with leaders of the Coalition of B.C. Businesses and the B.C. Chamber of Commerce to denounce the planned action.

The labour federation urged thousands of unionized workers to walk off their jobs this morning to join a coordinated shutdown of the city of Victoria to protest Bill 12, which imposed a contract on teachers, who then launched their illegal strike. A protest march is expected to begin at 11 a.m., followed by a gathering at the legislature at 1 p.m.

In announcing the day of protest, federation president Jim Sinclair said the action marks “the first stage of action.”

“We hope the government reaches out to do the right thing so we don’t have to make further announcements, but we have prepared a plan should the need arise,” he said in a press conference Friday.

Labour Minister Mike de Jong said Sunday the government will not waver.

“We have an obligation to the law, we have an obligation to the court, we have an obligation not to allow the government of British Columbia to be intimidated into a course of action by a group that, at the moment, seems to believe it is above the law,” he said in a conference call with reporters.

De Jong said there has been “dialogue with the B.C. Federation of Labour,” but would not say who was talking and whether any progress had been made.

He said the government will not speak with teachers until they end the strike, and he expects the courts to get more involved as the dispute lingers on.

“It’s the Supreme Court of British Columbia that the union is thumbing its nose at — that the union is insulting,” de Jong said.

At the business leaders’ press conference, Kevin Evans of the Coalition of B.C. Businesses said the teachers’ strike and today’s rally send a poor message to potential migrants and investors.

“There’s no question this is harkening back to some of the bad old days of British Columbia where instability ruled,” he said, asking people across the province to consider the impact of further demonstrations or strikes.

“Our appeal is that individual British Columbians, union workers, non-union workers — step back, try and divorce themselves from the emotion for a moment and ask themselves a very personal question: As a citizen of this province, what is my responsibility to the rule of law and how should I act according to that?”

John Winter, president of the B.C. Chamber of Commerce, said that in supporting today’s demonstration, the labour federation is “sanctioning” an illegal strike.

“None of us can place ourselves above the law,” he said. “This is an astonishing abdication of leadership by the B.C. Federation of Labour and they need to give very serious consideration to the long-term consequences of the message they are sending and the destabilizing precedent that it sends.”

Lampert said he supports people’s right to demonstrate, but said that changes when they break the law.

“People from time to time feel laws are unjust. They have ways to protest those laws but they do not have the right, in our society, to defy the law. If you start making exceptions you are on the quick road to anarchy,” he said.

“Organized labour, in a sense, is making a mockery of the courts of B.C. right now and we’re saying that that’s unacceptable.”

Evans said he is concerned about this strike and the precedent being set as other unions approach deadlines in their own collective agreements.

“We are going to be having in the spring a number of collective agreements,” he said. “If this sets the tone . . . for what we are in for in the spring this may look small in comparison.”

jfowlie@png.canwest.com

Files from the Victoria Times Colonist

© The Vancouver Sun 2005
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Labour throws cap into the ring
Public-sector unions plan massive protest in support of 40,000 striking teachers
By PETTI FONG
Monday, October 17, 2005 Page S1

VANCOUVER — Thousands of workers will be off the job today protesting against the government’s refusal to negotiate with the province’s striking teachers, with more job action planned in the province tomorrow.

The B.C. Federation of Labour and CUPE are staging the massive protest in Victoria in support of the province’s 40,000 teachers who have been off the job since Oct. 7 after the government imposed a new contract on them.

The B.C. Teachers Federation has been in an illegal strike position ever since the Labour Relations Board and the B.C. Supreme Court ruled against its job action, but the union showed no signs yesterday it was willing to back down from its demands for a negotiated settlement.

With no talks planned, it is unlikely schools will reopen in the immediate future .

BCTF president Ginny Sims and thousands of teachers will join other unionized workers at a Victoria park this morning and then march to the legislature to draw attention to their demands for the government to return to bargaining.

Last Thursday, the B.C. Supreme Court froze the teachers’ federation’s assets and ruled the union cannot give $50-a-day strike pay to teachers on the picket line.

Provincial Labour Minister Mike de Jong has steadfastly refused to talk while teachers continue to break the law.

Canadian Union of Public Employees B.C. president Barry O’Neill said 25,000 members who work in schools have already been out in support of teachers around the province, and he expects as many as 10,000 CUPE members at the rally today.

Those CUPE members in postsecondary education institutes and municipalities could shut down many government facilities and universities and colleges on Vancouver Island.

“We’re going to be out for two real reasons,” Mr. O’Neill yesterday said. “We know what happens in the education sector and we live in every one of the communities across the province. We have children and we understand why teachers are doing this.”

The onus now is on the government to resume negotiations, Mr. O’Neill said. While a settlement is not guaranteed at the bargaining table, refusal to talk guarantees continued job action, he said.

The province’s business community, however, urged workers and teachers to return to their jobs.

Jerry Lampert, president and chief executive officer of the Business Council of B.C., said he felt compelled to step forward and ask workers to respect the law. Labour leaders have often accused the province’s business community of being a mouthpiece for the Liberals, but Mr. Lampert said yesterday that is not the case here.

“Workers should be asking themselves as a citizen of this province, ‘What is my responsibility to the rule of law?’ ” Mr. Lampert said yesterday.

“The business community feels very strongly that, looking ahead, if the rule of law is not respected, it can truly destabilize the province,” he said.

Mr. Lampert said at this time he has no thoughts about what role the government should be playing to ease the standoff.

Kevin Evans, chairman of the Coalition of B.C. Businesses, said it is extremely hard to quantify the short-term economic impact of the job action.

But the province will lose investors and investment opportunities if labour unrest continues for a prolonged period, he said.

The B.C. Federation of Labour had urged the government to initiate negotiations with teachers over the weekend, but when the province failed to reach out, the federation said people should expect shutdowns throughout greater Victoria.

“The government’s move to legislate a contract and take away democratic rights is an attack on all working people,” said Jim Sinclair, president of the labour federation.

Health-care workers, including those in the Hospital Employees Union and the B.C. Nurses Union, are expected to join teachers and other unionized workers in the rally today.

However, it is not expected that there will be any impact on patient services because health-care facilities will not be shut down and workers on shift will remain on the job.

Download PDF version of flyer here.

Julia MacRae reports that spirits are high on the line in Surrey. Below are photos from pickets at Fraser Heights Secondary School in Surrey:

Picket line stalwarts at Fraser Heights Secondary School, including students.

A picketing teacher takes the time to clean up the neighborhood.

Lorena Duran, Julia MacRae, and Larissa Sampson (daughter of a teacher) show their spirit on the picket line at Fraser Heights in North Surrey.

Julia notes that all that anti-bullying pro D teachers have had is really being put to use!

We Support The Teachers!

Teach-In and Rally

Scarfe Building Lobby

University of British Columbia

Noon – 1:00pm

19 October 2005

Wednesday

Campbell flees BC

BC too hot to handle: Gordon Campbell flees to Toronto

TORONTO, Oct. 14 /CNW/ – Various reports indicate that British Columbia’s Premier, Liberal Gordon Campbell was in Toronto yesterday at Queen’s Park, accompanied by a heavy security detail.
It is ironic that the BC premier is in Ontario while his own province needs leadership most. British Columbia Teachers’ Federation are on strike protesting his unjust laws that are flouting international labour law to which Canada is a signatory.
With polls showing overwhelming support for the teachers, Premier Campbell is following the old adage “when the going gets tough, the premier gets going – right out of the province.”
It is indeed ironic that the premier has chosen to leave the province of BC when the students of his province need him the most.
“By refusing to negotiate with the BC teachers, Campbell is showing contempt for public education in the province,” says Ontario Secondary School Teachers’ Federation President Rhonda Kimberley-Young. “We have seen this type of extreme anti-teacher, anti-public education attitude in Ontario’s recent past from the Harris/Eves Tory regime, and in the end, it doesn’t work. Every scrap of educational research indicates that no meaningful reform of education can take place without consultation and dialogue with the teachers charged to implement the reforms.”
“It is time for the BC premier to return to BC, and show both the students and teachers of BC the respect they deserve,” concluded Kimberley-Young.
OSSTF/FEESO, founded in 1919, has 50,000 members across Ontario. They include public high school teachers, occasional teachers, educational assistants, continuing education teachers and instructors, psychologists, secretaries, speech-language pathologists, social workers, plant support
personnel, attendance counsellors, and many others in education.

The Province:
Workers to walk off job in solidarity
Thousands of unionized workers in Greater Victoria are expected to walk off the job tomorrow as part of a B.C. Federation of Labour bid to get the government to start talking to teachers.Workers to walk off job in solidarity
LABOUR RALLY: Victoria a ‘first step’

Elaine O’Connor
The Province; with files from The Canadian Press

October 16, 2005

Thousands of unionized workers in Greater Victoria are expected to walk off the job tomorrow as part of a B.C. Federation of Labour bid to get the government to start talking to teachers.

The rally is the first step in a plan of escalating action to support teachers and pressure the government to act, said federation president Jim Sinclair.

“This is only Monday. We are giving the government a very strong reason to sit down with teachers and solve this dispute,” Sinclair said Friday, flanked by 15 union leaders.

Union members plan to converge in Confederation Square at 11 a.m. tomorrow and march to the legislature and rally at 1 p.m.

The walk-out is limited to Greater Victoria workers and will not involve essential-service disruptions. Union members working in hospitals with patients, in the long-term care field, with people with disabilities, in correctional services or on the ferries have not been asked to participate.

The day of protest will fall on the sixth day of the B.C. teachers’ strike that has kept 600,000 public-school children out of class.

Labour Minister Mike de Jong seemed unmoved by the tactic, holding to his promise not to bargain with workers in an illegal strike.

“It is troubling to see other organizations wanting to, and apparently on the verge of, linking themselves and their members to behaviour that has already been characterized as illegal — that is continuing in defiance of the two court orders,” he said.

De Jong said the workers could be disciplined under B.C.’s Labour Code.

B.C. Teachers Federation president Jinny Sims said teachers won’t back down.

“This is one of those principled stands for our teachers and you can see that we have support of parents and students and community members,” Sims said.

Labour unions are not alone in rallying for teachers. More than 200 Lower Mainland high-school students filled the intersection of Broadway and Granville a block from Vancouver School Boards offices Friday, chanting, dancing, waving signs and soliciting a deafening number of horn blasts from passing cars, buses, even fire trucks.

“I’d give teachers everything they deserve,” said Grade 12 Kitsilano Secondary student Pippa Mackie over the din. “They work so hard. They inspire me. What they believe in, I believe in.”

Teachers passing by were buoyed by the support.

“I think it’s fantastic,” said Denise Nereida, a Grade 3/4 teacher at Blair Elementary in Richmond.

“They are the ones that are sitting in the overcrowded classrooms. They are the ones that don’t have enough textbooks.”

Meanwhile, some unions have found creative ways to circumvent the court decision barring other unions to help fund the teachers.

The Federation of Post Secondary Educators set up a “Feed the Teachers” fund to distribute $50 food vouchers on the line.

“We’re not circumventing anything. This is very respectful of that order,” said FPSE’s Cindy Oliver.

“People are certainly able to drop off boxes of doughnuts on a picket line and this is no different.

“We’re giving them the opportunity to take that money and feed their

families.”

Twenty-six school boards have called to repeal Bill 12. The B.C. Retired Teachers’ Association and the Council of Senior Citizen’s Organizations of B.C. have also voiced support for teachers.

© The Vancouver Province 2005

Vancouver Sun:
BC Labour Federation urges mass protest; Union workers urged to support teachers by shutting down Victoria on Monday”
The B.C. Federation of Labour is urging thousands of unionized employees to walk off their jobs Monday morning and join in a coordinated shutdown of the City of Victoria in support of the province’s striking public school teachers.

Teachers, employers haggle over ruling; Court-appointed assets monitor seeks clarification from judge”
A B.C. Supreme Court judge who put a 30-day freeze on the assets of the B.C. Teachers’ Federation said Friday the union is barred from using “all [of its] assets” to help conduct the continuing illegal strike by teachers.

Teachers should know there is an iron fist inside this glove
There’s no question B.C. Supreme Court Judge Brenda Brown created a novel solution to the teachers’ dispute — stripping their duly elected leadership of its power and the membership of a chance to return to work and save their collective bank account.

Sims: Political prowess, steely resolve
Jinny Sims seems an unlikely candidate to face down the provincial government and the wrath of the courts over an illegal strike by teachers.

Brown: Judge in teachers ruling “one of better” benchers
B.C. Supreme Court Justice Brenda Brown, who crafted the contempt-of-court decision this week against the B.C. Teachers’ Federation, was known as an excellent litigator during her years as a courtroom lawyer.

The Globe and Mail
BC unions discuss Monday walkout
B.C. labour leaders planned to meet Sunday to decide whether public and private-sector union members in the Victoria area would walk off the job Monday in support of the province’s striking teachers.
B.C. Fed urges mass protest
Union workers urged to support teachers by shutting down Victoria on Monday

Darah Hansen
Vancouver Sun; with files from Maurice Bridge and Jonathon Fowlie, Vancouver Sun, and Canadian Press

Saturday, October 15, 2005

CREDIT: Ward Perrin, Vancouver Sun
Students show support for teachers at Broadway and Granville.
The B.C. Federation of Labour is urging thousands of unionized employees to walk off their jobs Monday morning and join in a coordinated shutdown of the City of Victoria in support of the province’s striking public school teachers. To listen to story, click link: here.

“This is our chance to tell the government that it’s not just teachers they’re dealing with now, it’s the rest of the labour movement who will also be taking action,” federation president Jim Sinclair said Friday at a news conference where he was flanked by the presidents of 15 public and private-sector labour organizations.

Sinclair said he expects thousands of union members to join him in the day of protest, which will start Monday with a march in the capital at 11 a.m., followed by a gathering at the legislature at 1 p.m. in time for the first sitting of the legislature since teachers went on strike Oct. 7.

The move could affect transit and and other public sector services in Victoria, such as liquor stores, government services, restaurants and hotels and post-secondary institutions. However, the unions have agreed that any patient-care services will not be affected, as well as B.C. Ferries and provincial corrections facilities.

Sinclair said the Monday events are just phase one in a larger plan by labour aimed at persuading the government to sit down and negotiate a contract settlement with teachers.

He promised escalated job action, possibly a province-wide general strike, should Monday’s protest fail to gain the government’s attention.

“I don’t rule anything out in terms of where we go from here,” Sinclair said.

Barring a surprise weekend settlement, schools will remain closed Monday.

Labour Minister Mike de Jong responded Friday afternoon by saying leaving work to attend the protest would be a risky move for public sector employees. While the government won’t be seeking a court injunction to stop the demonstration, he said, workers in Victoria who walk off the job to join the rally could be disciplined under the Labour Code.

“I think it is troubling to see other organizations wanting to, and apparently on the verge of, linking themselves and their members to behaviour that has already been characterized as illegal — that is continuing in defiance of the two court orders, de Jong said.

The strike by B.C.’s 42,000 public school teachers was ruled illegal by the B.C. Supreme Court at a special hearing Sunday. On Thursday, the court froze the assets of the teachers’ union for 30 days in punishment for their continued picketing. The ruling means teachers won’t get their $50-a-day strike pay.

Teachers, meanwhile, said the court’s ruling won’t affect their resolve to remain on the picket line.

At a union rally Friday morning at Chief Maquinna elementary school in East Vancouver, teacher Millie Saunders said teachers are standing firm.

“We will stand strong, we will stand together and we will hopefully achieve some of our goals,” she said.

Darcy Olson, a teacher at Vancouver Technical secondary, agreed.

“We need to get back to the bargaining table. The premier must come forward with strength and resolve to see this through — negotiated, not legislated,” she said in reference to a contract settlement.

Jinny Sims, president of the B.C. Teachers’ Federation, said Friday that teachers are grateful for the show of solidarity from other unions in the province and vowed that the strike will continue until a contract settlement is reached.

Sims said she hoped a meeting would take place with de Jong over the weekend, in time for school to resume Monday.

“Mr. de Jong, let’s talk over the weekend. This is a window of opportunity, let’s seize it so our students can be back in the classrooms and our teachers teaching,” she said.

De Jong said he, too, was willing to negotiate this weekend, but not while the teachers continued to violate the B.C. Supreme Court order.

“I and the government are available 24/7 to meet with members of the union, today, this weekend, and we attach one . . . condition — they must abide by the law. I want [the teachers] to commit to go back to work and stand down from their illegal action,” he said in a meeting with The Vancouver Sun’s editorial board Friday afternoon.

“I’m not, in my view, even able to engage in some sort of conditional discussion at a time when the Supreme Court of B.C. has made it clear unequivocally what the first step in this process needs to be,” de Jong said.

Hoisting signs reading “We take education seriously” and “Take a stand 4 education,” about 200 Vancouver students made their opinions known Friday at a raucous rally at the intersection of Granville and Broadway.

“The government is clearly showing its contempt and lack of concern for the teachers, for the students and for the people of Vancouver,” said Ian Thomas, a Grade 12 student at Sir Winston Churchill secondary.

“Teachers . . . are the people who are best to acquainted with the problems students face and they have hardly any say at all into the situation. It’s criminal and the teachers have every right to strike opposing this. They are taking a bullet for the students,” Thomas said.

“I’m going to continue to support the teachers while they remain out on strike so that they can get a good settlement, even if this goes on for a few weeks,” said Kirstin Johnson, a Grade 10 student at Kitsilano secondary.

“I have classes with 37 people in them and it’s ridiculous to think these are good conditions to be learning in and that these are acceptable conditions for teachers to be teaching in,” said Sasha Langford, a Grade 11 student at Kitsilano.

Langford said she’s concerned about losing school time if the strike continues, “but I think an issue that is more important is that when we are in school, the conditions aren’t good for us.”

Before going back to work, teachers want to negotiate a contract that includes a 15 per cent wage increase over three years, guarantees of smaller class sizes and more support for special needs students.

B.C. teachers are the third highest paid in Canada.

Education Minister Shirley Bond has said the average teacher starting salary is about $42,000 a year.

dahansen@png.canwest.com

PROTEST PARTICIPANTS

The B.C. Federation of Labour is promising a day of protest Monday that could shut down the city of Victoria. At least 15 public and private-sector unions were on hand Friday to back the federation in its move. They include:

– Communications, Energy and Paperworkers Union of Canada

– Canadian Auto Workers Union

– International Brotherhood of Electrical Workers

– B.C. Government and Service Employees’ Union

– Hospital Employees’ Union

– Canadian Union of Public Employees of B.C.

– Federation of Post Secondary Educators

– Union of Needletrades, Textiles and Industrial Employees and Hotel Employees and Restaurant Employees International (UNITE HERE!)

– Canadian Office and Profession Employees’ Union

– Health Sciences Association

– Telecommunications Workers’ Union

– B.C. Building Trades

– B.C. Forum, a province-wide organization for retired union members

– B.C. Nurses’ Union

Ran with fact box “Protest Participants”, which has beenappended to the end of the story. Also See: Time to talk: editorial,C6; Debate of court ruling, A11; Black-belt teachers’ boss, A11.

© The Vancouver Sun 2005
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Sunday » October 16 » 2005

Teachers, employers haggle over ruling
Court-appointed assets monitor seeks clarification from judge

Jonathan Fowlie and Maurice Bridge
Vancouver Sun

Saturday, October 15, 2005

A B.C. Supreme Court judge who put a 30-day freeze on the assets of the B.C. Teachers’ Federation said Friday the union is barred from using “all [of its] assets” to help conduct the continuing illegal strike by teachers.

But the attempt by Justice Brenda Brown to clarify her initial ruling left the BCTF and the B.C. Public Schools Employers’ Association still wrangling over just what she meant.

“With respect to the prohibition on the union using its assets, those are all the assets of the union,” Brown said in a late-afternoon session, adding the order extends beyond just the BCTF to all of its union locals.

The attempt at clarification came at the request of court-appointed monitor Larry Prentice, and followed a day filled with arguments over what Brown meant when she ruled Thursday.

Brown put a freeze on the union’s assets, prohibiting it from paying its members for picketing, and enjoining the BCTF from “using its books, records and office to permit third parties to facilitate continuing breach of the court order.”

Provincial Labour Minister Mike de Jong hailed the ruling, and said it meant the union could not “use any of its assets — including its office, faxes and websites — to further this illegal activity.”

But Friday, BCTF president Jinny Sims disagreed.

Sims confirmed striking teachers would not receive their $50 daily strike pay, but maintained that it would otherwise be business as usual. “I don’t think there’s a court order to say we can’t use our phones and our faxes,” she said. “That’s just Mike de Jong’s version of what he thinks the court order means.”

Brown’s late-afternoon ruling Friday did not appear to clear up that discrepancy in the views of the two sides.

“What the court order means is that the BCTF cannot use any assets, whether they are financial, building, phone, fax,” said Michael Hancock, in-house counsel for the employers’ association, which bargains for B.C.’s 60 school boards.

“They cannot use any of those assets, nor can any of its locals use any of those sorts of assets, to facilitate a continuing breach of the court order,” he told reporters.

Sebastian Anderson, counsel for the BCTF, disagreed noting that Brown had not been specific in establishing rules governing the use of specific assets, and that she instead had ruled that the court would deal with questions of potential breaches as they were raised.

“She said that if it [specific use of fax machines, phones and other items] became a matter later on she’d consider that in terms of what the penalty would be,” Anderson told reporters outside the court.

Hancock added the employers’ association will be asking for the penalty phase — where fines or other penalties may be imposed — to “happen as soon as possible. No date has so far been set.

Meanwhile, the Federation of Post-Secondary Educators of B.C., which has 10,000 members provincewide, announced Friday it has set aside an initial commitment of $200,000 to a “Feed the Teachers Fund” to buy food vouchers.

FPSE president Cindy Oliver said it was clear the provincial government was hoping to starve the teachers into submission.

“The teachers are making nothing right now, and certainly our members did not want to see any teachers going hungry because of their struggle for a fairly negotiated collective agreement,” she said.

Oliver said the FPSE action does not constitute defiance of the court order.

“We believe this is respectful of the court order,” she said. “People can drop off coffee and doughnuts to a picket line, and we’re just dropping off $50- vouchers and helping the teachers feed their families.”

Oliver added the FPSE is appealing to its national organization, the Canadian Association of University Teachers, as well as to the B.C. labour movement, for additional support for its food-voucher initiative.

jfowlie@png.canwest.com

mbridge @png.canwest.com

© The Vancouver Sun 2005
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Teachers should know there’s an iron fist inside this glove

Ian Mulgrew
Vancouver Sun

Saturday, October 15, 2005

There’s no question B.C. Supreme Court Judge Brenda Brown created a novel solution to the teachers’ dispute — stripping their duly elected leadership of its power and the membership of a chance to return to work and save their collective bank account.

We’ve seen unions slapped with huge fines, we’ve seen union leaders jailed for disobeying court orders unilaterally ending labour disputes.

In this case, Brown has ordered all the union’s bank accounts, assets and subsidiary business entities monitored for 30 days to ensure none of its resources are used to help sustain the illegal walkout.

Most people in the labour world were gobsmacked at what was generally described as an innovative, brilliant, unprecedented, historic, sophisticated decision.

We’ll see.

Though such a ruling is unprecedented in labour law, it’s the kind of approach you often see in bankruptcy cases, which was a big part of Brown’s legal background before she joined the bench in 2002.

She has practised insolvency law and this kind of order is practically boilerplate in situations where a company declares bankruptcy or seeks protection from creditors.

In many cases, the court uses its discretion to insert a monitor into the company to do exactly what Brown has ordered here — watchdog spending and cash flow.

Brown used the inherent jurisdiction of the court to apply a remedy to the teachers’ dispute that we usually see under very different circumstances.

Whether it works better than the usual punishment of fines and imprisonment remains to be seen.

As he watched teachers continue to picket Friday at a junior secondary and an elementary school across from his house, chair of the Canadian Bar Association’s labour law section Gavin Marshall agreed but continued to laud Brown.

“I thought it was a very sophisticated way of approaching the problem — I think it’s unique in Canadian labour history to appoint a monitor to oversee the assets of a public sector union in a contempt of court situation,” he told me.

I think Brown correctly understood that she was being painted into a corner by bad legislation and the dinosaur dynamics of school labour relations.

She found an elegant way, in my opinion, to strangle the ability of the union to continue what has been declared an illegal activity in a manner that doesn’t create the impression the court is taking sides.

That’s a really good aspect to her decision.

But there is an iron fist inside this velvet glove.

Her ruling leaves open the prospect of a serious penalty being imposed down the road if the teachers don’t wind down their job action.

“She walked a finer legal line than many people expected,” Marshall said.

“It’s certainly not the hammer we were expecting.”

No, the hammer is just being held back for now.

Let’s face it, the union executive had no intention of obeying any order, regardless of cost.

They made that clear in their public pronouncements and Brown took them at their word.

With her judgment though, she stepped over them and delivered a message directly to the individual members and their wallets.

She’s given each teacher a chance to return to work or stand up and prove what the leadership has been saying is true — there are principles on the line here that demand large-scale civil disobedience.

I’m skeptical.

It looks like they want more money to me.

Furthermore, I keep hearing mounting anecdotal evidence that many BCTF members want a face-saving solution to end this impasse.

I think Brown provided that.

If the teachers don’t return to work, I expect Brown to really make it hurt.

And this decision underscores just what kind of sweeping power she has.

– – –

On Monday I wrote a column that said Veselin Topalov was on the verge of winning the world chess championship.

On Thursday he coasted to victory, winning the title with a round to spare over seven of the world’s best players.

The 30-year-old Bulgarian was inspired throughout the tournament that saw him outplay his opponents, go undefeated and score 10 points out of a possible 14.

He drew his last game Friday against Judit Polgar, the strongest-ever woman player.

imulgrew@png.canwest.com

© The Vancouver Sun 2005
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Sims: Political prowess, steely resolve

Steve Mertl
Canadian Press

Saturday, October 15, 2005

Jinny Sims seems an unlikely candidate to face down the provincial government and the wrath of the courts over an illegal strike by teachers.

The head of the B.C. Teachers’ Federation is a diminutive 53-year-old.

But there’s also this about Sims: she has a black belt in judo and as a former competitive fencer knows something about swordplay. She can also work a room like a veteran politician, making the kind of individual connection that conveys her message and cements loyalty.

Sims was a child when her family emigrated to England from India’s Punjab in 1962.

She once dreamed of becoming an airline pilot, among other things, but volunteer work as a teenager drew her to teaching.

Sims earned her credentials in England and taught there initially, heading her school’s judo and fencing teams as well as working with youth in a juvenile prison.

She and teacher-husband Stephen Sims came to Canada in 1975, teaching for two years in Quebec before settling in Nanaimo, on Vancouver Island. Sims taught high school social studies and English while also serving as a guidance counsellor.

Sims got involved with the federation early, mainly on issues of social justice and the status of women.

The federation didn’t become the teachers’ accredited bargaining agent until the late 1980s.

“I would say that mobilized me in a political way, though I believe all of my involvement has been political,” Sims says.

Her involvement intensified as the union fought with successive B.C. governments over not just wages but class sizes and school funding.

“I worked very hard in my lifetime of teaching to make improvements for students’ learning conditions,” she says. “In 2002, I cried when those were stripped away by the stroke of a pen by a government through legislation once again.”

David Chudnovsky, a former president of the federation and now a New Democratic Party MLA, says of Sims: “She’s a schoolteacher, she’s a grandma, she’s a very kind-hearted, good-hearted person, but nobody should underestimate her resolve.”

Her approach seems to resonate with others in the labour movement too. The 470,000-member B.C. Federation of Labour’s affiliated unions are rallying round and there are rumblings of a general strike.

“We’ve never been to where Jinny Sims has brought us,” says Terry Allan, a member of a Canadian Union of Public Employees’ local that represents school support staff. “It’s as scary for us as it is for them. Nobody’s ever been this far.”

© The Vancouver Sun 2005
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Brown: Judge in teachers ruling ‘one of better’ benchers

Neal Hall
Vancouver Sun

Saturday, October 15, 2005

B.C. Supreme Court Justice Brenda Brown, who crafted the contempt-of-court decision this week against the B.C. Teachers’ Federation, was known as an excellent litigator during her years as a courtroom lawyer.

“She was excellent counsel and hers was one of the better appointments to the bench in a long, long time,” said George Cadman, a senior lawyer at the Vancouver law firm Boughton, where Brown worked in the 1980s when the firm was known as Boughton Peterson Yang Anderson.

“She practised in the litigation section and was very good counsel,” Cadman recalled.

In 1995, Brown went to work for another Vancouver firm, Davis & Co., specializing in civil litigation in the areas of insolvency, construction and commercial law. Brown was an associate counsel at the firm when she was appointed to the bench of the B.C. Supreme Court on April 18, 2002.

A profile of Brown in The Advocate, a journal published by the Vancouver Bar Association, says she was born in Alberta and grew up near Pincher Creek, where her parents ran a general store and service station.

She graduated from the University of Alberta with a degree in psychology and obtained her law degree from the University of Victoria in 1980. She worked as a law clerk for a year at the B.C Court of Appeal, doing legal research for judges on cases, and articled with the late Boyd Ferris at Boughton. She was called to the bar in 1982.

She married criminal lawyer Norman Callegaro and has two teenagers, a son and daughter.

The Advocate had this to say about Brown: “She has the charm of enjoying a laugh at her own expense more than the expense of others. She is an eclectic reader and movie watcher and no stranger to subtitles. A good bottle of wine is not wasted on Brenda, who attends a monthly wine dinner with compatriots with similar taste buds.”

One of Brown’s first high-profile cases as a judge was in November, 2002, when she ruled against the City of Vancouver over the Arbutus corridor, which included a rail line running north-south through Kitsilano and along Arbutus to the Fraser River.

The city wanted to preserve the corridor for transportation but property owner Canadian Pacific Railway planned to develop the land for housing, commercial or industrial uses.

CPR launched the legal challenge after Vancouver city council passed a bylaw in July 2000 designating the corridor for use only as a public thoroughfare. In her 37-page decision, Brown ruled the city did not have the power to enact such a bylaw and quashed it.

© The Vancouver Sun 2005
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B.C. unions to discuss Monday walkout
By JEREMY HAINSWORTH
Saturday, October 15, 2005 Posted at 8:07 PM EDT
Canadian Press

Vancouver — B.C. labour leaders planned to meet Sunday to decide whether public and private-sector union members in the Victoria area would walk off the job Monday in support of the province’s striking teachers.

Labour Minister Mike de Jong said that while the government won’t seek a court injunction to stop the unions from walking out, it could be risky for them.

Mr. de Jong said Friday he finds it troubling that other unions would link themselves to the B.C. Teachers’ Federation whose strike has been characterized as illegal and continues in defiance of two court orders.

He said workers who join a Monday walkout could be disciplined under the provincial Labour Code.

B.C. Federation of Labour president Jim Sinclair said he would call off the walkout if the government agreed to sit down to bargain with the teachers over the weekend.

“There’s still lots of time left but I haven’t heard any news from the teachers that would encourage me that the government understands that it’s going to take some conversations between the parties to fix the problem,” Mr. Sinclair said Saturday.

Mr. Sinclair has asked members of public and private sector unions to leave work and join a march in Victoria at 11 a.m. Monday and gather at the legislature at 1 p.m. as it sits for the first time since the strike began Oct. 7.

“It is going to be a lot of people,” Mr. Sinclair said. “This is a very serious, sobering moment for the labour movement.

“None of us are excited or ecstatic about what’s happening here,” he said. “This is a very difficult situation made all the more difficult by the fact that the government which is actually the employer of these . . . teachers is refusing to talk to their employees.

“They’re hiding behind the courts and it’s not going to work and it’s making a big mess out of the education system.”

Federation officials were to meet on Sunday to see what events had transpired during the weekend.

Mr. de Jong, however, has vowed not to bargain with people who are breaking the law.

And teachers’ union president Jinny Sims remains just as resolute.

She says the teachers will not back down.

She has remained open to meeting with government representatives and maintains she is confounded by the minister’s refusal to meet with teachers.

Mr. Sinclair has the backing of the leaders of the Canadian Auto Workers, B.C. Government Employees’ Union, Hospital Employees’ Union the Canadian Union of Public Employees and many more.

He said the protest Monday won’t affect patient-care services, extended care or services to those with disabilities.

“It is absolutely essential that we are disciplined in our support and that we do not give government a way to shift the focus from teachers and students by turning a spotlight on disruptions to patient, resident and client care,” Hospital Employees’ Union secretary-business manager Judy Darcy said in a news release.

The strike by 38,000 B.C. teachers has kept about 600,000 public school students from kindergarten to Grade 12 out of school.

Mr. Sinclair indicated the 470,000-member federation’s campaign in support of teachers could escalate if there’s no resolution to the dispute.

Striking B.C. teachers said on Friday that a court ruling freezing their strike pay has only hardened their resolve to stay off the job until the government negotiates with them.

The B.C. Supreme Court has frozen the assets of the B.C. Teachers Federation to punish teachers for continuing their illegal strike.

The ruling Thursday means teachers won’t get their $50-a-day strike pay.

The B.C. government imposed a contract on teachers that contains no wage increase.

Although the B.C. Labour Relations Board ruled last Oct. 7 that the teachers’ strike was illegal, they have stayed off the job.

Last weekend, the B.C. Supreme Court found them in contempt of court for defying the board’s ruling.

Before going back to work, teachers want to negotiate a contract that includes a 15 per cent wage increase over three years and guarantees of smaller classes.

B.C. teachers are the third highest-paid in Canada.

Education Minister Shirley Bond has said the average teacher starting salary is about $42,000 a year.

The Vancouver Sun:
Court cracks down on teachers
The B.C. Teachers’ Federation is prohibited from providing strike pay to its members and may no longer use its hefty war chest to finance an illegal walkout that has closed public schools for a week, B.C. Supreme Court Justice Brenda Brown ruled Thursday.

This strike is about more than money, defiant teachers say
Striking teachers at one Vancouver school said Thursday they were encouraged by a B.C. Supreme Court decision not to levy a fine on their union, and vowed to continue picketing despite the financial hardship of the court’s prohibition on strike pay.

“It’s all garbage,” says plaintiff names in class action suit
Jacqueline Grant, the lone plaintiff named in a class-action lawsuit against the teachers and their union, said her former lawyer Denis Berntsen launched the proceeding without her knowledge or consent.

The Globe and Mail:
BC teachers stay off job
British Columbia’s striking teachers dug in their heels Friday, remaining off the job despite a court ruling cutting off their strike pay by effectively freezing their union’s ability to fund the labour dispute.

BC court orders halt on teachers strike pay
A B.C. Supreme Court judge has frozen the financial clout of the B.C. Teachers’ Federation to wage its ongoing, provincewide illegal strike. Instead of levying fines against the union yesterday, as almost all, including leaders of the BCTF, had expected, Madam Justice Brenda Brown took the step of hitting teachers in the pocketbook, by cutting off their $50-a-day strike pay. She further restrained the BCTF from using any of its considerable assets “directly or indirectly” to finance other aspects of the week-old strike by 38,000 teachers.

Vancouver Sun
Court cracks down on teachers
Judge puts 30-day freeze on BCTF’s $14-million collective-bargaining fund

Janet Steffenhagen and Neal Hall
Vancouver Sun

October 14, 2005

The B.C. Teachers’ Federation is prohibited from providing strike pay to its members and may no longer use its hefty war chest to finance an illegal walkout that has closed public schools for a week, B.C. Supreme Court Justice Brenda Brown ruled Thursday.

The decision surprised both sides but did not appear certain to end their labour dispute.

Rather than fining the union as had been expected, Brown effectively put a 30-day freeze on the BCTF’s $14-million collective-bargaining fund, saying a court-appointed monitor will keep tabs on the union’s activities to ensure no more money is spent on a strike involving 40,000 teachers.

The union had promised teachers who helped with picketing $50 a day.

Brown imposed the penalty — described by all parties as unprecedented in B.C. — after the union ignored her Sunday back-to-work order and her finding that the BCTF was in contempt for continuing a strike that the Labour Relations Board said is illegal. Brown reserved the right to impose a fine at a later date, depending on how the union responds.

BCTF president Jinny Sims appeared unmoved by the decision Thursday afternoon and repeated her vow to continue the job action, now entering its fifth day, until the government agrees to her members’ demands for improved classroom conditions, a fair and reasonable pay raise and restoration of bargaining rights.

“We have our mandate from our members. They gave us that mandate knowing there was going to be consequences,” she said. “Our teachers are taking part in a political protest and right now, our focus is to get to a resolution.”

She said she would have further comments after she and her officials had a chance to study the unusual ruling.

Labour Minister Mike de Jong also continued his tough stance, saying again there will be no talks until the BCTF ends its illegal job action but promising a meeting the day the strike ends.

“It’s time to move forward,” he said, adding that his government will fix the broken bargaining system and will talk to teachers and other education partners about improving the School Act in response to teachers’ concerns about class size and composition.

Regarding the teachers’ request for a pay hike, de Jong promised a “fair and reasonable increase” in 2006 but reiterated there will be nothing before then.

He urged individual teachers to “do what’s right — return to your classes. I make this appeal not just because it’s the right thing to do for students and their families but because the court has ordered it so.”

The court ruling places the union in a form of trusteeship, he said. “The union cannot use any of its assets — including its offices, faxes or websites — to further this illegal action. It cannot pay its members for the time already spent carrying out this illegal activity and it cannot pay them for any further breach of the law.”

De Jong told teachers who want to return to work but fear sanctions that the B.C. Labour Code does not allow unions to penalize members who refuse to participate in an illegal activity.

The B.C. Public School Employers’ Association, which bargains for B.C.’s 60 school boards, said the judge’s ruling will likely have a greater impact on striking teachers than the employers’ request for a significant fine.

“We’re very pleased with the court’s ruling. We believe the court has found a very innovative way of ensuring that the BCTF does not continue to finance or otherwise support this illegal job action,” said association lawyer Michael Hancock. “We hope teachers will come back to work and we’ll be able to open our schools again quickly.

“This is more likely to be effective than any fine that the court could impose given the financial assets of the federation,” he said, since fines for civil contempt in labour disputes have traditionally ranged from $80,000 to $150,000.

Naz Mitha, also a lawyer for the employers’ association, said it wasn’t clear Thursday whether the union had already paid members for four days of picketing.

Hancock said the ruling sends a clear message to the union. “It’s saying the BCTF can’t use any of its assets to continue this strike. That means no strike pay, that means no use of BCTF resources to create signs, advertising, all the attendant expenses that go into maintaining an illegal strike.”

Labour expert Ken Thornicroft called the ruling “creative” and suggested it might give the union a way out of a tight position.

Sims has vowed to continue the strike until members have a negotiated settlement, but the government has declared it will not talk to a union engaged in an illegal strike. With the court’s ruling, the union could call off the strike, saying it didn’t want to cause its members financial hardship, and not lose face. Thornicroft said.

“I’m pretty impressed with the ruling,” he said. “By stripping the union members of their strike pay, I think she’s given the union an out.”

jsteffenhagen@png.canwest.com

nhall@png.canwest.com

IN THE JUDGE’S WORDS:

Excerpts from B.C. Supreme Court Justice Brenda Brown’s ruling Thursday that handcuffs the B.C. Teachers’ Federation’s ability to pay striking teachers their $50-a-day picket pay.

“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.”

“I am appointing a monitor to ensure that this order is obeyed.”

“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.”

Ran with fact box “In the Judge’s Words”, which has beenappended to the end of the story.

© The Vancouver Sun 2005

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The Vancouver Sun

This strike’s about more than money, defiant teachers say
Teachers show strong resolve to continue the fight, despite court’s freeze of strike fund

Jenny Lee
Vancouver Sun

Friday, October 14, 2005

CREDIT: Mark van Manen, Vancouver Sun
Striking teachers Denis Lejay and Sheila Mullins picket at Kitsilano secondary after learning their strike fund will be frozen.
Striking teachers at one Vancouver school said Thursday they were encouraged by a B.C. Supreme Court decision not to levy a fine on their union, and vowed to continue picketing despite the financial hardship of the court’s prohibition on strike pay.

French immersion teacher Lukas Morel echoed the sentiments of many pickets outside Kitsilano secondary school.

“If anything, we take [the B.C. Supreme Court decision] as positive news for us because our union is not being penalized for what we’re doing,” said Morel, 26, who is walking the picket line just weeks into his first teaching job.

“By not fining us anything, they are giving us unofficial approval of what we’re doing,” Morel said.

Brian Denhertog, who teaches technical studies, was also picketing Thursday.

“I don’t know a single teacher who is out here because of $50 strike pay,” he said. “I’m not here for $50.

“I’m going to come and stand here until the government negotiates a settlement with my federation.”

French immersion and social studies teacher Erin Fitzpatrick agreed.

“For most of us, it’s not about wages and it’s certainly not about strike pay,” she said. “It’s not about money. If I wanted money, I wouldn’t be a teacher.”

“We just believe we have right on our side and we hope we have parents on our side,” Fitzpatrick said. “As long as I can stand here on the sidewalk, I will.”

Ken Scott, a Kitsilano secondary school media arts, theatre arts and English teacher, has three children aged 11, nine and four. Scott’s wife works part time and his family will soon feel the financial pinch.

“If I lose my salary for a cause, it has to be a really good reason and I see the value of making this commitment right the way down the line,” Scott said.

English and social studies teacher Brad Price joined the Kitsilano picket line Thursday with his four-month-old daughter Lucy, after doing picket duty in Richmond.

“I don’t think the $50 a day is going to change too many people’s minds,” said Price, whose wife is a teacher on maternity leave and receiving pay. “I think the resolve is very strong.”

First-year teacher Morel said his class sizes aren’t too bad, with the largest at 30 students, but he is short full class sets of some books, and knows other teachers face more challenging teaching conditions.

Fifty dollars in daily strike pay would have paid for food and gas, but Morel said “I can last a little while. I have family who can help me.”

Morel has a little under $1,000 in his bank account, but no student loans to repay. So far, he’s just been cutting back on extras such as gas, restaurants and going to the movies.

On Thursday afternoon, the Kitsilano pickets were uncertain of the implications of the court’s freeze on the B.C. Teachers’ Federation’s $14-million collective-bargaining fund.

If the BCTF needs funds to continue the strike, Fitzpatrick, whose spouse is earning a paycheque, said she is personally willing to contribute.

jennylee@png.canwest.com

© The Vancouver Sun 2005

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The Vancouver Sun

‘It’s all garbage’ says plaintiff named in class action

Louise Dickson
Victoria Times Colonist

Friday, October 14, 2005

VICTORIA — Jacqueline Grant, the lone plaintiff named in a class-action lawsuit against the teachers and their union, said her former lawyer Denis Berntsen launched the proceeding without her knowledge or consent.

“It’s all garbage,” Grant, 35, a Saanich mother and day care worker, said Wednesday. “I haven’t signed anything, I haven’t even met with the man. I talked to him on the phone once last Thursday and the next thing I know my name’s in the paper.

“He’s saying he advised me not to speak publicly about the suit but he didn’t advise me of anything. I didn’t agree to any of this. And I’m the lone plaintiff. I’m like, how does that happen?”

On Tuesday, Berntsen named Jacqueline Grant as the lone plaintiff in a statement of claim accusing teachers, their union and Jinny Sims, their leader, of negligence in their move to strike, even in the face of legislation and legal decisions which have declared the strike illegal.

That negligence, contends the statement of claim, includes the failure to instruct union members to return to work and the negligent efforts to maintain service levels.

© The Vancouver Sun 2005

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B.C. teachers stay off job
By TERRY WEBER
Friday, October 14, 2005 Posted at 2:20 PM EDT
Globe and Mail Update

British Columbia’s striking teachers dug in their heels Friday, remaining off the job despite a court ruling cutting off their strike pay by effectively freezing their union’s ability to fund the labour dispute.

Picket lines went up at public schools around the province again early Friday as the province’s roughly 40,000 teachers continued what they have labelled a political protest against the government’s efforts to impose a two-year contract.

School boards province wide once again told parents to keep their children at home.

“The teachers’ strike and picketing at schools across the province will continue today,” a recorded message on the North Vancouver School District’s information hotline said.

“The duration of the job action remains uncertain at this time.”

B.C. Teachers’ Federation president Jinny Sims said Friday teachers will remain on the picket line for improved learning conditions, for students and for the return of union bargaining rights.

She also said the court ruling won’t stop the union from communicating with its members.

“We will continue to support our members and we will continue to communicate with them,” she said.

“This is a collective action and we’re all in this together.”

The B.C. Federation of Labour, meanwhile, was expected to hold a press conference later in the day to outline how other provincial unions will support striking teachers. The federation has already scheduled a late morning march and rally in support of the teachers scheduled to take place Monday in front of the provincial legislature.

In a surprise ruling Thursday afternoon, B.C. Supreme Court Judge Brenda Brown placed tight restrictions on how the teachers’ federation can use its assets, essentially taking control of the union’s strike fund for 30 days.

The decision means neither union money nor third-party donations can be used to pay striking teachers their $50-a-day picket pay.

Judge Brown said the federation could still fund day-to-day business operations and its legal expenses but appointed a monitor to oversee union’s finances to make sure her order is obeyed. But the union cannot use any of its assets — including its offices, faxes or Web site to further the action, according to the B.C. provincial government’s interpretation of the decision.

Most had been expecting the judge to impose a stiff fine on the union for failing to abide by an earlier labour board order, which labelled the action an illegal strike and ordered teachers to go back to work. The labour board decision was upheld by Judge Brown at a hearing last weekend, leading to Thursday’s ruling.

The teachers say that they respect the law but must protest against what they say is unjust legislation, which seeks to impose a two-year contract with no pay increase and no ability to negotiate issues such as class size and composition.

The dispute has kept 600,000 public school students from kindergarten to Grade 12 out of class since last Friday.

Teachers have not successfully negotiated a contract since 1993 without the government’s stepping in.

However, B.C. Labour Minister Mike de Jong has called on the striking teachers to return to the classroom in the wake of the latest court ruling.

“In light of such an unprecedented ruling, I am today appealing to individual teachers to do what is right,” he said.

“Return to your classes. I make this appeal not just because it is the right thing to do for students and their families, but because the court has ordered it.”

Meanwhile, B.C. Premier Gordon Campbell continued to draw fire Friday after a week of meetings in Saskatchewan, Manitoba and Ontario, which kept him away from his home province during the dispute.

“By refusing to negotiate with the B.C. teachers, Campbell is showing contempt for public education in the province,” Ontario Secondary School Teachers’ Federation president Rhonda Kimberley-Young said.

“Every scrap of educational research indicates that no meaningful reform of education can take place without consultation and dialogue with the teachers charged to implement the reforms.”

With a file from Canadian Press

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B.C. court orders halt to teachers’ strike pay
By ROD MICKLEBURGH
Friday, October 14, 2005 Page A1

VANCOUVER — A B.C. Supreme Court judge has frozen the financial clout of the B.C. Teachers’ Federation to wage its ongoing, provincewide illegal strike.

Instead of levying fines against the union yesterday, as almost all, including leaders of the BCTF, had expected, Madam Justice Brenda Brown took the step of hitting teachers in the pocketbook, by cutting off their $50-a-day strike pay.

She further restrained the BCTF from using any of its considerable assets “directly or indirectly” to finance other aspects of the week-old strike by 38,000 teachers.

Her surprising, extraordinary decision may prevent the BCTF from printing leaflets, issuing picket-line bulletins, posting information on union websites, organizing rallies and even using their own headquarters, phones and faxes for strike-related activity.

To ensure compliance, Judge Brown appointed an independent monitor to take complete control of the union’s books and records for the next 30 days.

The monitor, to be paid for by the BCTF, will have the power to scrutinize all payments the union makes “on a daily basis,” and report any breaches to the court.

School board lawyer Michael Hancock said the restrictions will put a severe crimp in the union’s ability to maintain its defiant walkout, called to fight a government-imposed two-year contract that provides no wage increase and no improvement in working conditions. In 2001, the government declared teachers an essential service, making the strike illegal.

“What the court has, in fact, ordered is that the BCTF can’t use any of its assets . . . whether liquid cash assets, offices, records . . . to pursue this illegal strike,” Mr. Hancock said. “That is an order which is innovative and, in our view, more significant than what we asked for.”

But yesterday’s ruling, described approvingly by one analyst as a surgical remedy rather than a hammer, had no immediate impact on the teachers’ determination to stay off the job until they have negotiated some form of settlement.

BCTF president Jinny Sims invited government representatives to meet with the union “this afternoon, this evening, throughout the night and into the early hours of the morning” to pursue a resolution to the bitter conflict, which has left more than 600,000 public school students idle across the province.

But the unexpected nature of Judge Brown’s ruling seemed to catch the union off guard, and Ms. Sims declined any more comment until she has discussed its implications further with BCTF lawyers and leaders of the B.C. Federation of Labour.

BCTF communications director Nancy Knickerbocker was forced to tell reporters late yesterday she is not sure if she can still give out information about the teachers’ strike in light of the court-ordered restrictions.

Provincial Labour Minister Mike de Jong reiterated his call for the teachers to return to work.

He said the government is willing to talk about many issues with the BCTF, but only when the union ends its illegal strike.

It is also not totally clear from the court order whether other labour organizations, such as the Federation of Labour, would be allowed to assist the teachers, but the school boards’ Mr. Hancock said such a move would definitely be “against the spirit” of Judge Brown’s decision.

Judge Brown, who was appointed to the B.C. Supreme Court in 2002, found the BCTF guilty of contempt of court last Sunday for defying a back-to-work order by the B.C. Labour Relations Board.

She set yesterday morning to decide on the union’s punishment, which she handed down in a brief but succinct four-page judgment the moment lawyers for both sides concluded 2½ hours of argument.

Nazeer Mitha, lawyer for the B.C. Public School Employers’ Association, urged Judge Brown to hit the union with heavy fines and seize its $14-million strike fund to ensure striking teachers not receive compensation.

“That is the most troubling aspect of all, that the BCTF is paying its members to break the law,” Mr. Mitha said.

He said the teachers’ defiance of a court order is unprecedented, because it is ongoing and there is no sign the union is ready to end it.

Union lawyer John Rogers told Judge Brown that teachers have “a great deal of respect for the law, but sometimes the law is so unjust, it cannot be obeyed.”

He recalled words from former B.C. Labour Relations Board chairman Paul Weiler, now a law professor at Harvard University, who said that often, when you “screw the lid down on a union’s right to collective bargain, the lid eventually blows off.”

Mr. Rogers called for a fine of less than $150,000 to be imposed on the BCTF, noting that the union was found guilty of civil contempt, not criminal contempt.

In her ruling, Judge Brown did not free the union from the possibility of subsequent, severe fines, but said: “I do not propose to do that today, although that may be appropriate at a later date.”

Below is a link to a video coverage of the October 11th rally for teachers in downtown Vancouver, as well as student produced reports from the picket line at Templeton Secondary School in East Vancouver on October 7, 2005, the first day of the BC Teachers’ strike against the Liberal government’s imposed contract.

WorkingTV: Video of Vancouver Demo & Templeton Picket Line Report

Approximately 60 people came out to support BC teachers at a demonstration on the UBC campus this morning. The demo was at the site of The University Transition School, a VSB school on UBC’s campus.

Representatives from the UBC FA, CUPE 116, CUPE 2278; CUPE 2950; University Hill Secondary teachers; and the BCTF spoke to the picketers as did a University Hill Secondary student.

Photo Gallery of UBC Demo