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.”
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