Bill 12 a vicious attack on teachers 
and public education

Jim Selby, AFL Staff

Bill 12, the Education Services Settlement Act, is a declaration of war on the Alberta Teachers Association (ATA) and all of its members. This is not an exaggeration. The intent of any piece of legislation can be understood best by what it does and how it achieves its results.

The result of Bill 12 is the destruction of the ability of teachers, through the ATA, to exercise control over their wages and working conditions. Since the primary function of the ATA is to improve and protect teachers’ wages and working conditions, Bill 12 must be seen as a direct assault on teachers themselves and an equally direct attack on their organization.

One of the three most important objectives of the Act is to remove any mention of teacher-pupil ratios, teachers’ hours of work, and classroom size from current and future collective agreements between ATA locals and Alberta school boards (Section 23).

Secondly, the ability of the ATA to represent, defend, and protect teachers has been undermined by the removal of teachers’ democratic right to strike (Section 25).

Finally, teachers’ salary improvements are made subject to government budget decisions instead of labour market conditions or economic justice (Section 6(2)).

The mechanism for enforcement in the Act is compulsory arbitration that is so unfair and biased against teachers that it doesn’t deserve to be called arbitration. This was enacted despite a court ruling that the teachers’ strikes in Alberta did not constitute a public emergency nor warrant back-to-work legislation!

Finally, the threat of huge monetary fines to teachers, the ATA and ATA officers is coupled with threats of dues suspension and decertification for the ATA to coerce compliance to the Act.

Bill 12 is an undemocratic, unjustified and vicious piece of legislation that should be loudly opposed by all Albertans.

BILL 12
2002
EDUCATION SERVICES
SETTLEMENT ACT

Preamble

WHEREAS the Government has made a commitment to examine the learning system in Alberta; and

WHEREAS that examination will include, but not be limited to, a study of the number of students in a class, pupil-to-teacher ratios and the maximum time a teacher may be required to instruct students enrolled in Kindergarten to Grade 12, and therefore these items should not be the subject of further negotiation or included in a collective agreement between the employers subject to this Act and The Alberta Teachers’ Association;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation

1(1)  In this Act,
(a) "ASBA" means the Alberta School Boards Association under the Alberta School Boards Association Act;
(b) "ATA" means The Alberta Teachers’ Association in its capacity as bargaining agent for employees;
(c) "employee" means a teacher employed by an employer whose terms and conditions of employment are governed by a collective agreement;
(d) "employer" means an employer named in the Schedule;
(e) "parties" means each employer and the ATA;
(f) "strike" includes
(i) a cessation of work;
(ii) a refusal to work or to continue to work by 2 or more employees acting in combination or in concert or in accordance with a common understanding;
(iii) a concerted activity by 2 or more employees to refuse to comply with responsibilities assigned by their principal or their employer;
(g) "teacher" means an individual who holds a certificate of qualification as a teacher issued under the School Act.
(2)  The following words have the same meaning as they have in the Labour Relations Code:
(a) collective agreement;
(b) collective bargaining;
(c) dispute;
(d) lockout.

Part 1

Dispute Settlement Process
Division 1
Establishment and Operation of Arbitration Tribunal

Status report

2(1)  On or before the 5th day after this Act comes into force, or any later date authorized by the Minister of Learning, the ATA and ASBA jointly, if they agree, or if they do not agree, the ATA and ASBA separately, must submit to the Minister a status report stating for the ATA and each employer named in the Schedule
(a) the items the parties have resolved, and
(b) the items the parties have not resolved.
(2)  If the ATA and ASBA cannot agree to submit a status report jointly and if only one of them submits a status report, that status report is considered to be the status report for the purposes of this Act.
(3)  A status report must not include any items that relate to matters described in section 23.
(4)  On expiration of the time allowed or extended under subsection (1), the Minister of Learning must send any status report or reports received to the Minister of Human Resources and Employment.

Establishment of arbitration tribunal

3(1)  On or before the 5th day after this Act comes into force, or any later date authorized by the Minister of Human Resources and Employment, the ATA and ASBA must, by notice in writing to the Minister, each nominate one person as a member of the arbitration tribunal referred to in subsection (2).
(2)  As soon as possible after the receipt of a status report that the ATA and an employer have an unresolved item in dispute, the Minister of Human Resources and Employment must
(a) by order, establish one arbitration tribunal,
(b) appoint the nominees of the ATA and ASBA as members of the tribunal,
(c) appoint one additional person as member and chair of the tribunal, and
(d) send to the chair the status report or reports received for appropriate distribution.
(3)  If the ATA or ASBA or both fails to nominate a person as a member of the arbitration tribunal, the Minister of Human Resources and Employment may do so on behalf of either or both of them.
(4)  On receipt of the status report or reports from the Minister of Human Resources and Employment, the arbitration tribunal
(a) assumes jurisdiction in respect of all items in dispute referred to it, subject to section 23, and
(b) must make an award in respect of the ATA and each employer named in the Schedule for each item in dispute.
(5)  If a vacancy occurs on the arbitration tribunal, a new member may be appointed in the same way the original member to be replaced was appointed.

Revocation of appointments

4   If in the opinion of the Minister of Human Resources and Employment a member of the arbitration tribunal is unduly or unnecessarily delaying proceedings, the Minister may
(a) revoke the appointment of the member, and
(b) appoint another person in the member’s place.

Methods of dispute resolution

5(1)  The arbitration tribunal must endeavour to effect a settlement of the items in dispute between the ATA and each employer named in the Schedule.
(2)  If the arbitration tribunal is unable to effect a settlement, it must consider the position of the parties on each item in dispute and determine what method or combination of methods of dispute resolution are to be used to resolve it.
(3)  Without restricting the generality of subsection (2), the arbitration tribunal may use arbitration, mediation, a combination of mediation and arbitration and the method of arbitration known as "final offer selection" as methods of dispute resolution.

Matters to be considered

6(1)  To ensure that wages and benefits are fair and reasonable to employees and employers and are in the best interest of the public, the arbitration tribunal
(a) must consider, for the period with respect to which the award will apply, the following:
(i) wages and benefits in private and public, and unionized and non-unionized, employment, including the wages and benefits of teachers in the other provinces and territories of Canada;
(ii) the continuity and stability of private and public employment, including
(A) employment levels and incidence of layoffs,
(B) incidence of employment at less than normal working hours, and
(C) opportunity for employment;
(iii) the general economic conditions in Alberta;
(iv) the local economic conditions within the geographic location of the dispute;
(b) may consider, for the period with respect to which the award will apply, the following:
(i) the terms and conditions of employment in similar occupations outside the employer’s employment, taking into account any geographic, industrial or other variation that the arbitration tribunal considers relevant;
(ii) the need to maintain appropriate relationships in terms and conditions of employment between different classification levels within an occupation and between occupations in the employer’s employment;
(iii) the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered;
(iv) any other factor that the arbitration tribunal considers relevant to the items in dispute.
(2)  The arbitration tribunal must be satisfied that an award can be implemented without an employer incurring a deficit, or if the employer already has a deficit, without incurring any greater deficit, over the period during which the collective agreement has effect.
(3)  The Minister of Learning may make available to the arbitration tribunal any information requested by the tribunal in order for it to consider the matters described in subsection (1).

Award

7(1)  The arbitration tribunal must issue its award by August 31, 2002 on all items in dispute over which it has jurisdiction.
(2)  The Lieutenant Governor in Council may, on the recommendation of the chair of the arbitration tribunal, extend the date under subsection (1).
(3)  The award of the arbitration tribunal is binding on the parties to the dispute and must be included in the terms of a collective agreement.

Majority award

8   An award of a majority of the arbitration tribunal is an award of the tribunal, but if there is no majority, the award of the chair is the award of the tribunal.

Composition of collective agreement

9   The parties must enter into a collective agreement consisting of
(a) the items agreed on by the parties, except the matters described in section 23, and
(b) the award of the arbitration tribunal.

Incorporation of award

10(1)  If either of the parties fails or refuses to participate in the preparation of a collective agreement in accordance with section 9, the other party may prepare the collective agreement and must submit it to the tribunal for the tribunal to certify that the collective agreement accurately incorporates the tribunal’s award.
(2)  When the arbitration tribunal receives a collective agreement under subsection (1) and is satisfied that the collective agreement gives effect to its award, the tribunal must certify the collective agreement as accurate, and on being certified the collective agreement takes effect.

Reconvening arbitration tribunal

11(1)  If, within 30 days after the date on which the arbitration tribunal’s award is made, a question arises, the Minister of Learning, at the request of one or both of the parties, may direct the chair of the tribunal to reconvene the tribunal for the purpose of deciding the question.
(2)  When the arbitration tribunal makes a decision under subsection (1), it must forward a copy of the decision to the Minister of Learning and the parties to the dispute, and the decision is binding on the parties and forms part of the terms of the collective agreement.

Filing and sending of award

12(1)  When it makes an award, the arbitration tribunal must
(a) file a copy of it with the Minister of Learning, and
(b) send a copy of it to the parties.
(2)  The Minister of Learning may publish an award in any manner the Minister considers appropriate.

Judicial review

13(1)  Subject to subsection (2), no decision, order, directive, ruling, award or proceeding of the arbitration tribunal is to be questioned or reviewed in any court by application for judicial review or otherwise, and no order is to be made or process entered or proceedings taken in any court, whether by way of injunction, declaratory judgment, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the tribunal or any of its proceedings.
(2)  A decision, order, directive, ruling, award or proceeding of the arbitration tribunal may be questioned or reviewed by way of an application for judicial review seeking an order in the nature of certiorari or mandamus if the originating notice is filed with the Court of Queen’s Bench no later than 30 days after the date of the decision, order, directive, ruling, award or proceeding or the issuing of reasons in respect of it, whichever is later.
(3)  If an award of the arbitration tribunal is questioned or reviewed under subsection (2), a decision that an award is invalid with respect to one or more items in dispute does not affect the validity of the award as it relates to the other items, unless the Court otherwise directs.

Division 2

Authority and Administrative Procedures
Arbitration tribunal procedure

14(1)  The arbitration tribunal may determine its own procedure.
(2)  If a party to proceedings before the arbitration tribunal fails to attend or to be represented, the tribunal may proceed as if the party attended or were represented.
(3)  A member of the arbitration tribunal may administer an oath to a person appearing before the tribunal.

Deciding on arbitrability

15(1)  The arbitration tribunal has jurisdiction to decide whether
(a) any item is in dispute between the parties;
(b) an item in dispute can be the subject of arbitration or can be included in a collective agreement.
(2)  Except for the purposes of determining arbitrability, the arbitration tribunal has no jurisdiction to consider or to make an award with respect to a matter described in section 23.

Evidence and court assistance

16(1)  The arbitration tribunal
(a) may accept any oral or written evidence it considers appropriate, whether admissible in a court of law or not,
(b) is not bound by the laws of evidence applicable to judicial proceedings, and
(c) may summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce the documents and things that the tribunal considers necessary to fully investigate and consider matters within its jurisdiction, in the same manner as a court of record in civil cases.
(2)  If any person fails to comply with an order of the arbitration tribunal, or conducts himself or herself in a manner that may be in contempt of the tribunal or its proceedings, the tribunal may apply to the Court of Queen’s Bench for an order directing compliance with the tribunal’s order, or restraining any conduct found by the Court to be in contempt of the tribunal or its proceedings.
(3)  On application, the Court may grant any order that, in the opinion of the Court, is necessary to enable the arbitration tribunal to carry out its responsibilities.

Meetings

17(1)  The arbitration tribunal must meet at the times and places fixed by the chair of the tribunal.
(2)  The chair must notify each member of the arbitration tribunal of the date, time and place of each meeting.
(3)  The arbitration tribunal may decide to hold all or any part of a meeting in private.

Remuneration and expenses

18   The remuneration and expenses of the members of the arbitration tribunal must be paid as follows:
(a) the ATA must pay the remuneration and expenses of its nominee to the arbitration tribunal, or a person appointed as a member on its behalf;
(b) the ASBA must pay the remuneration and expenses of its nominee to the arbitration tribunal, or a person appointed as a member on its behalf;
(c) the Crown in right of Alberta must pay the remuneration and expenses of the chair, and the administrative costs of the tribunal.

Privileged information

19(1)  Despite anything in this Act, when a document is in the official possession, custody or power of a member of the Executive Council or of the head of a department of the public service of Alberta, but a deputy head or other officer has the document in the deputy head’s or other officer’s personal possession and is called as a witness, the deputy head or other officer, acting on the direction and on behalf of the member of the Executive Council or head of a department, is entitled to refuse to produce the document on the ground that it is privileged.
(2)  The refusal to produce may be made by the deputy head or other officer in the same manner and has the same effect as if the member of the Executive Council or head of a department were personally present and made the refusal.
(3)  A person employed by the Crown in right of Alberta must not disclose and may not be compelled to disclose information obtained by the person in the person’s official capacity if a member of the Executive Council has certified that in the member’s opinion
(a) it is not in the public interest to disclose that information, or
(b) the information cannot be disclosed without prejudice to the interests of persons not concerned in the proceedings.
(4)  The information in respect of which a certificate is given under subsection (3) is privileged.

Persons who are not compellable witnesses

20(1)  A member of the arbitration tribunal is not a compellable witness in proceedings before any court respecting an award or in respect of the tribunal’s proceedings or any information, material or report before the tribunal.
(2)  In this section, "court" does not include an inquiry under the Public Inquiries Act.

Protection from liability

21   No action lies against a member of the arbitration tribunal for anything done by that member in good faith and in purporting to act under this Act.

Division 3

Effect of Operation of a Collective Agreement
Binding effect of collective agreement

22   A collective agreement between the parties is binding on
(a) the ATA and every employee of the employer, and
(b) the employer, without signature or other formality.

Limit on contents of collective agreement

23(1)  No collective agreement between the parties that is entered into on or after March 11, 2002 may contain any provision that establishes or in any manner deals with
(a) the number of students in a class;
(b) pupil-to-teacher ratios or student-to-teacher ratios;
(c) the maximum time a teacher may be required to instruct students.
(2)  If a collective agreement between the parties entered into on or after March 11, 2002 contains a provision contrary to subsection (1), that contrary provision is of no effect, and this subsection applies irrespective of the effective date of the collective agreement.
(3)  Every collective agreement between the parties entered into on or after March 11, 2002 is deemed to contain a term that it expires on August 31, 2003, despite any agreement of the parties to the contrary.

Bridging of collective agreements

24(1)  A collective agreement between the parties existing on March 11, 2002 by virtue of section 130(a) of the Labour Relations Code continues in force until a collective agreement is entered into under this Act.
(2)  If the parties do not have a collective agreement existing on March 11, 2002 by virtue of the operation of section 130(c) of the Labour Relations Code, the collective agreement previously existing between them is reinstated and applies to the parties and employees of the employer until a collective agreement is entered into under this Act.

Part 2

Employment Relations
Strikes and lockouts

25(1)  Any employees on strike must terminate their strike immediately.
(2)  An employee legally permitted or authorized to strike under the Labour Relations Code is no longer permitted or authorized to strike.
(3)  Any employer who is locking out employees must terminate the lockout immediately.
(4)  An employer legally permitted or authorized to lock out employees under the Labour Relations Code is no longer permitted or authorized to lock out its employees.
(5)  A strike by employees that continues or commences while this Act is in force is an unlawful strike.
(6)  A lockout of employees by an employer that continues or commences while this Act is in force is an unlawful lockout.
(7)  The ATA must not cause a strike and no person acting on behalf of employees or the ATA may cause a strike.

No slowdown

26   Any employees on strike or locked out by their employer must immediately resume the duties of their employment without slowdown or diminution, and all other employees must continue the duties of their employment without slowdown or diminution.

Notice to employees

27(1)  The ATA must immediately give notice to employees of the employees’ obligations under this Act in a form and manner most likely to reach them.
(2)  The ASBA must immediately give notice to employers of employers’ obligations under this Act in a form and manner most likely to reach them.
Employees not to be impeded in complying with their obligations
28(1)  No person is to impede or prevent or attempt to impede or prevent an employee from complying with the obligations of the employee under this Act.
(2)  Neither the ATA nor an officer of the ATA, a committee or other entity of the ATA or any other person acting on the ATA’s behalf is to discipline, threaten to discipline or attempt to discipline an employee, directly or indirectly, because the employee is or was complying with or attempting to comply with obligations under this Act.

Part 3

Application of Other Provisions of the Labour Relations Code
Labour Relations Code - other provisions

29(1)  Except as provided in this Act, the Labour Relations Code does not apply to employers, employees or the ATA.
(2)  The provisions of the Labour Relations Code specified in subsection (3) apply as if
(a) a collective agreement under this Act were a collective agreement under the Labour Relations Code;
(b) an unlawful strike or lockout under this Act or any other strike by employees or lockout of employees by an employer were an unlawful strike or unlawful lockout under the Labour Relations Code;
(c) an employer in its capacity under this Act were an employer in the same capacity under the Labour Relations Code;
(d) an employee under this Act were an employee under the Labour Relations Code;
(e) the ATA in its capacity under this Act were a bargaining agent in the same capacity under the Labour Relations Code;
(f) any action, notice or proceeding taken under this Act were the same action, notice or proceeding taken under the Labour Relations Code.
(3)  The following sections of the Labour Relations Code apply:
(a) section 2;
(b) section 3;
(c) section 16;
(d) section 18, as if an order of the Labour Relations Board under this Act were an order made under the Labour Relations Code;
(e) section 22;
(f) sections 24 to 26;
(g) section 48;
(h) sections 59 to 63, as if the collective agreement were a collective agreement under the Labour Relations Code;
(i) sections 64 to 70;
(j) sections 86 to 88;
(k) section 90 with respect to the ending of a strike and lockout in accordance with section 25 of this Act;
(l) sections 114 to 116, and section 114 applies despite section 13 of the Teaching Profession Act;
(m) section 128;
(n) section 132;
(o) sections 135 to 146, except that an arbitrator appointed under sections 135 to 146 of the Labour Relations Code has no jurisdiction over a matter in respect of which the Labour Relations Board has jurisdiction under this Act;
(p) sections 148 to 154;
(q) section 157(2).

Conflicts between enactments

30(1)  If there is a conflict between this Act and the provisions of the Labour Relations Code made applicable by this Act, or a conflict between this Act and any other enactment, this Act prevails.
(2)  The Arbitration Act does not apply to this Act.

Application of the Labour Relations Code

31(1)  All the provisions of the Labour Relations Code relating to the powers, jurisdiction and remedies of the Labour Relations Board, its chair, vice-chairs, members and officers, hearings procedure, enforcement of orders, appeals and rights, privileges and immunities of the Board apply if those matters are not specifically provided for in this Act.
(2)  In addition to its powers under the Labour Relations Code, the Labour Relations Board may decide for the purposes of this Act whether

(a) a person is an employee or a person is a teacher;
(b) a collective agreement has been entered into;
(c) provisions constitute part of a collective agreement or do not;
(d) a person, the ATA or an employer is bound by a collective agreement;
(e) an employer or the ATA is a party to a collective agreement;
(f) a collective agreement has been entered into on behalf of any person;
(g) a collective agreement is in effect;

and the Board’s decision is final and binding.

(3)  If a question about the application or operation of this Act arises, the matter must be referred to the Labour Relations Board for decision unless the question relates to a matter under the jurisdiction of the arbitration tribunal.
(4)  If there is a conflict in jurisdiction between the arbitration tribunal and the Labour Relations Board, the tribunal has jurisdiction.

Jurisdiction of the Labour Relations Board

32(1)  Subject to section 31(4), the Labour Relations Board has exclusive jurisdiction to exercise the powers conferred on it by this Act and to determine all questions of fact or law that arise in any matter before it, and the action or decision of the Board is final and conclusive for all purposes, but the Board may, at any time, reconsider any decision, order, directive, declaration or ruling made by it and vary, revoke or affirm the decision, order, directive, declaration or ruling.
(2)  Subject to subsection (3), no decision, order, directive, declaration, ruling or proceeding of the Labour Relations Board is to be questioned or reviewed in any court by application for judicial review or otherwise, and no order is to be made or process entered or proceedings taken in any court, whether by way of injunction, declaratory judgment, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board or any of its proceedings.
(3)  A decision, order, directive, declaration, ruling or proceeding of the Labour Relations Board may be questioned or reviewed by way of an application for judicial review seeking an order in the nature of certiorari or mandamus if the originating notice is filed with the Court of Queen’s Bench and served on the Board no later than 30 days after the date of the decision, order, directive, declaration, ruling or proceeding, or the issuing of reasons in respect of it, whichever is later.

Part 4

Offences and Penalties
Offences and penalties - strikes

33(1) If the ATA causes a strike contrary to this Act, it is guilty of an offence and liable to a fine not exceeding $1000 in respect of each day or part of a day on which the offence occurs or continues.
(2)  An officer or representative of the ATA who causes or consents to a strike contrary to this Act is guilty of an offence and liable to a fine not exceeding $10 000.
(3)  A person who is neither the ATA nor an officer or representative of the ATA who strikes or causes a strike contrary to this Act is guilty of an offence and liable to a fine not exceeding $1000.

Offence and penalties - lockouts

34(1)  An employer that commences or causes a lockout contrary to this Act is guilty of an offence and liable to a fine not exceeding $1000 in respect of each day or part of a day on which the offence occurs or continues.
(2)  A person not referred to in subsection (1) who commences, causes or consents to a lockout contrary to this Act is guilty of an offence and liable to a fine not exceeding $10 000.

General offence

35   Subject to sections 33 and 34, any person who fails to comply with this Act is guilty of an offence and is liable to a fine not exceeding $1000.
Minister’s consent
36   No prosecution for an offence under this Act may be commenced without the consent in writing of the Minister of Justice and Attorney General.

Part 5
Transitional Provisions and Consequential Amendments

Existing proceedings
37(1)  On the coming into force of this Act, all proceedings, negotiations, mediation and other right or privilege under the Labour Relations Code between the parties or in respect of an employer, the ATA or an employee continue under this Act to the extent that they are not inconsistent with and they comply with the provisions of this Act.
(2)  Any proceedings, negotiations, mediation or other right or privilege under the Labour Relations Code between the parties or in respect of an employer, the ATA or an employee or any part of them that is inconsistent with or that does not comply with the provisions of this Act must cease immediately and is terminated.

Elk Island Catholic Separate Regional Division and ATA

38   If both the Board of Trustees of the Elk Island Catholic Separate Regional Division No. 41 and the ATA do not ratify a collective agreement on or before March 15, 2002, the Schedule is amended by adding "The Board of Trustees of the Elk Island Catholic Separate Regional District No. 41".

Amends RSA 2000 cS-3

39(1)  The School Act is amended by this section.
(2)  Section 97 is amended
(a) in subsection (3) by repealing clause (a) and substituting the following:

(a) except in the case of a teacher excluded under section 96(2), the terms and conditions negotiated, agreed on or awarded under the Education Services Settlement Act or the Labour Relations Code, as the case may be;
(b) by adding the following after subsection (3):

(3.1)  A contract of employment between a board and a teacher to whom the Education Services Settlement Act applies shall not contain any matter described in section 23(1) of the Education Services Settlement Act.
(c) in subsection (4) by adding "or subsection (3.1)" after "and (b)".
(3)  Section 119(1) is amended by adding "that are not subject to the Education Services Settlement Act" after "of the board".
(4)  Section 280 is amended by renumbering it as section 280(1) and by adding the following after subsection (1):
(2)  Subsection (1) does not apply to a board or an employee to whom the Education Services Settlement Act applies.

Repeal

40   This Act is repealed on August 31, 2003, or sooner by Proclamation, but the repeal does not affect a collective agreement entered into under this Act that continues as a collective agreement under the Labour Relations Code.

The preamble, which is intended to express the intentions of the Act for future interpretations, outlines the governments program for teachers and its excuses for those intentions. It prohibits any further negotiations on classroom size, pupil-to-teacher ratios, or maximum hours of teaching time - and prohibits their inclusion in collective agreements. This represents a gross infringement on free collective bargaining between parties. According to this, even should a school board and an ATA local agree on such terms, they cannot have them in their collective agreement.

The government is well aware that these issues were as important to the teachers as the wage question, but has chosen to prohibit any progress or standards on the issues.

The government claims that these actions are justified because an examination of education has been promised for the future (by a group similar to the ‘Premier’s Advisory Council on Health chaired by Don Mazankowski).

A vague promise of a future investigation of education in no way excuses this attack on free collective bargaining - to the point of removing clauses that may have already existed in collective agreements for many years. Surely the commission will also examine teachers’ pay and benefits. By the same logic, pay and benefits should also be excluded from all collective agreements falling under this Act.

Further, there is no guarantee that this future commission will be impartial, or if it will come up with recommendations on these issues or if the government and school boards will follow any recommendations.

1(F) The definition of strike is actually broader than the definition contained in the Labour Relations Code. The Code specifically talks about two or more persons acting in concert for the purpose of compelling employers to agree to terms or conditions of employment. Bill 12 defines two or more employees acting together with a common understanding. This is a heavy handed attempt to stop teachers from withdrawing unpaid, voluntary work – just about the only legal weapon left to teachers in this dispute! But, because of the bad wording, teachers could be considered to be on an illegal strike by simply cooperating with each other for any reason. This is ludicrous, excessive and unworkable.

The Act further defines any refusal to carry out responsibilities assigned by principals (who are ATA members and educators - an obvious attempt to break union solidarity and to make principals ‘managers’ instead of educators) or employers as an illegal strike. This is another attempt to force teachers to do tasks that are, in fact, voluntary right now - like coaching teams or conducting band concerts.

Can teachers be considered to be on strike because they refuse to do voluntary or off-working-hours assignments just because the school board or principal have assigned such duties?

2(1) If the ATA and employers’ organization cannot agree on a joint status report, then the government will accept the status report turned in by a single party.

2(3) The status report list of items resolved and items not resolved is not allowed to mention the three critical areas prohibited in the preamble.

3(2)C The government also reserves the right to name the Chair of the tribunal - effectively giving the employer side two votes to the workers’ one vote on the tribunal.

This violates the most basic requirement for an arbitration tribunal - that the Chair be impartial. In arbitration, it is critical that the chair be seen to be neutral. In most cases, the two parties mutually agree on a chair to ensure that this principle is upheld. Government does appoint chairs in those cases where the two parties cannot agree – but this role is dependent upon the government playing the role of neutral "umpire" in labour relations disputes.

But, there is no way in the universe that the government can be seen as neutral in this particular dispute. They are in fact in control of school board funding, and have a direct interest in the outcome of the dispute. The government has publicized its desire to keep teachers’ salary increases to their budgeted 4% and 2% caps.

This whole procedure taints the arbitration process to the point where it undermines the credibility of the system itself.

3(3) The government demands an ATA and an ASBA nominee for its arbitration tribunal within five days of the act coming into force. Should either party fail to name a nominee, then the government reserves the right to appoint the organization’s nominee.

The government has taken the power to tell the ATA who will be their nominee - even if that person has not been endorsed by the organization.

3(4)A The arbitration tribunal may not rule on any of the three critical education issues excluded from the act – classroom size, teacher-pupil ratios and teacher work-time!

4 No foot dragging allowed! If the government believes a member of the tribunal is delaying proceedings, it may replace the person with another appointee. Again, this forces the ATA representative to go through the charade of a fake arbitration process – even if it goes against the interests of their organization and their profession. (Perhaps the government could have insisted that tribunal members have to smile during procedures as well.)

6(1) In the Labour Relations Code, compulsory arbitration boards may examine similar occupations - here the tribunal must consider national comparisons as well as "local" economic conditions within each school district.

This is an attempt to undermine solidarity within the ATA. It encourages the tribunal to vary salary increases from school board to school board depending upon local economic conditions. Presumably, if local economic conditions are depressed, the tribunal may award teachers lower increases – regardless of workload, responsibilities or other considerations.

Clause 6(2) is the nail in the coffin for any chance the teachers had for a fair or just wage settlement from the tribunal! This clause means that the tribunal will, in most cases, simply have to take the government’s budgeted 4% and 2% increases (over two years) as the maximum allowable wage increase - even if all other indicators compel the tribunal to award higher settlements. Only those boards which have accumulated surpluses could face arbitrated settlements larger than the 4% and 2% the government has budgeted for salary increases.

The logic is inescapable. The government controls board funding. The government sets the wage increase in its budget. The tribunal cannot give an award that forces boards into a deficit position, or one which increases an existing deficit.

In other words, the government is forcing the tribunal to abide by the government’s position on wages - one of the big reasons teachers were on strike in the first place. This isn’t arbitration - it is simply imposition of the government position.

This whole process is a recipe for disaster. Some school boards may be in a financial position to afford 12% - 20% salary increases – while others may not even be able to afford the 4% and 2% increases without going into a deficit position. What about the accounting procedures of different school boards? Will the government pay for a complete independent audit on all school boards to ensure that all boards present the identically produced financial figures?

How is any tribunal going to make decisions that are just and fair to all teachers in Alberta? The simple answer is that, given the constraints of this Act, they can’t.

9 & 10 force a collective agreement on the parties – and again prohibits any mention of teacher-pupil ratios, classroom sizes or teacher work-time in any collective agreement. This is the point where collective agreements which have had such clauses in the past will have them stripped out!

Section 13 is an attempt to bar any legal challenge to the tribunal decisions except on the grounds of an error on the face of the law or in the case where the tribunal has exceeded its jurisdiction.

14(2) permits the tribunal to go forward and make decisions without the participation of one of the parties. This is designed to allow the tribunal to reach its predetermined conclusions even if no member or representative of the ATA were to participate as a member of the tribunal or to appear before the tribunal.

Section 17 empowers the chair of the tribunal to fix times and places of meetings without regard to the suitability for other parties.

Section 19 allows government to refuse to disclose any documentation or information it has which it decides are "privileged". This effectively prevents procurement of government budgetary information or departmental studies or documents which could undermine the government’s position on educational issues.

In 23, the government again prohibits any clauses mentioning classroom size, pupil-to-teacher ratios or work time from any collective agreement before the tribunal - even if both parties want the clause or if such a clause had existed in the collective agreement in the past. All collective agreements under the act are deemed to expire on August 31, 2003.

25(1) prohibits strikes between March 11, 2002 and August 31, 2003. So, teachers in Alberta have had the right to strike temporarily stripped away from them – despite the court ruling that there was no public emergency caused by the strikes earlier this year. The government has removed the democratic right to strike from teachers because it was inconvenient for them! What all Albertans need to consider is whether any exercise of the right to strike is convenient for government or employers?

Section 26 prohibits any "slowdown or diminution" of work. This is another attempt to provide a basis for disciplining teachers and the ATA for refusing to continue to provide voluntary and unpaid services offered in the past.

27(1) requires the ATA to communicate the legal obligations opposed by Bill 12 to its members. This is a typical ploy designed to make the ATA appear to be complicit or in agreement with the Act because they will be the ones informing their members of its contents.

Section 29 generally gives the Alberta Labour Relations Board its normal powers to punish organizations and individuals who engage in illegal labour relations activities. Significantly, it provides the ALRB authority to decertify the ATA and prevent it from representing teachers – as well as allowing it to levy punitive fines.

Section 30 clearly allows Bill 12 to override both the School Act and the Teaching Profession Act.

In 31(1), the Board is given all of its normal authority to deal with violations even where those specific clauses of the Alberta Labour Relations Code are not included in Bill12. So, although the controversial section 112 of the Alberta Labour Relations Code, which allows the Board to suspend union dues for up to six months for illegal strikes, is not specifically included in Bill 12 it can do so under this section.

Section 33 outlines the potential financial penalties to be levied against the ATA, its Officers and members in the event of an illegal strike. This in no way precludes other penalties that may be levied by the Labour relations Board in such a case.

Only those labour relations proceedings that comply with Bill 12 are allowed to continue.