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Briefing Note: Teacher-Public School Employer Bargaining

Briefing Note: Teacher-Public School Employer Bargaining

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Published by The Vancouver Sun
Briefing Note: Teacher-Public School Employer Bargaining 2013
Briefing Note: Teacher-Public School Employer Bargaining 2013

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Published by: The Vancouver Sun on Jan 23, 2013
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December 13, 2012
Briefing Note: Teacher-Public School Employer Bargaining 2013
Background
 Arising out of a conversation at the November BCPSEA Symposium, later that month and continuing intoearly December representatives of the BCTF and BCPSEA met to discuss bargaining 2013 focussed onwhether or not a better model could be adopted.On December 6, 2012 the parties concluded an agreement (“agreement in committee”) with thecommitment to either formally adopt or abandon it. The parties established a deadline of January 9, 2013to allow for their respective approval processes to be completed.
Agreement Details
The agreement in committee contains the following elements:
An agreement to research, develop and write a comprehensive data resource to assist withinformed discussions
General process timelines: Early commencement of bargaining with a focus on concluding anagreement before expiry
A facilitator appointed at the outset to
assist with all matters of collective bargainin
Report at expiry
: If no agreement has been reached by the expiry of the collective agreement, the facilitator will issue a report to the parties outlining the outstanding issues and the position of the parties on these issues, matters resolved at the table and suggested processes for continued negotiations 
Codification of a revised split of issues
Alignment with the previously agreed upon local matters bargaining processes (Letter of Understanding No. 1).
Considerations
This model contains many of the elements of the Don Wright report (2004) and Vince Ready’srecommendations (2007) and most importantly is negotiated between the bargaining agents. While this isclearly an advantage one must reflect on structure, process and attitude:
From Ready (2007): “I have, therefore, concluded that, in the circumstances, it is not the formator process of collective bargaining which will help achieve a collective agreement.”
From Wright (2004): “Even if fully implemented, these recommendations will not significantlyimprove the state of bargaining unless there is an attitudinal and behavioral change of both sides.
 
This will require dialogue — a genuine attempt to arrive at mutual understandings — betweenteachers and the employer group (i.e., government, trustees, and school administrators). Thesooner we start on that, the better.”
From Professor John Anderson (1999):
[1]
“Unfortunately, although policy makers have legislatedchanges in collective bargaining structure, and labour relations practitioners are painfully aware of the implications of different bargaining structures, very little is actually known about the forcesthat influence the choice of alternative structures or about the consequences for the relativebargaining power of the parties, the level of industrial conflict, or the functioning of the bargainingprocess.”
Next Steps
Steering Committee Briefing (December 10, 2012)
Briefing note distribution
General note to the field and conference call schedule
BCPSEA Board of Directors Meeting ( December 13, 2012)
Conference calls re status ( December 14, 2012)
Board of Directors Meeting in advance of the January 9, 2013 deadline
Attachments
Framework Agreement in Committee: 2013 Round of Bargaining
LOU No. 1
Reference
Making Reasoned Choices…Teacher–Public School Employer Bargaining Structure Options and Alternatives Discussion Resource 
; BCPSEA December 2012
[1]
 Anderson, John C.
Union-Management Relations In Canada 
, Chapter 9, page 209, Addison-WesleyPublishers, 1989.
 
1BCTF/BCPSEA December 7, 2012 6:10 p.m.
FRAMEWORK
 
AGREEMENT
 
IN-COMMITTEE2013
 
R
OUND OF
B
ARGAINING
 
Without prejudice to either party’s positions, and without precedence for any other round of 
bargaining, the parties agree to address the following issues expeditiously in order to promote aconstructive framework for the 2013 round of bargaining:
Collective Bargaining Preparation: Data
The parties agree to develop a common data study and report as a resource to assist collectivebargaining. The report will include data related to collective bargaining matters, includingcompensation, working conditions, demographics, and other relevant labour market issues asagreed to by the parties by January 31, 2013. As required, the parties will engage a mutually agreeable third party to assist with thepreparation of the report and related technical issues. The cost of the third party will be sharedequally by the parties.
Re-designation of LOU No.1 Appendix 1 and Appendix 2 Matters
The parties agree to amend LOU No. 1 (as per Addendum E attached). Ratification by bothparties will be completed by January 31, 2013.The LOU will come into effect on February 1, 2013, on ratification.Notwithstanding 4.b of LOU No. 1 Re: Designation of Provincial and Local Matters, for thisround only, the parties agree that outstanding local matters may be referred to the provincialtable up to June 1, 2013.
Collective Bargaining Process 2013:
The parties agree as follows:1. To commence bargaining on February 4, 2013, and to exchange proposals as soon aspossible within the month, but no later than March 1, 2013.2. To appoint a mutually agreed-to facilitator to assist with all matters of collectivebargaining at the commencement of bargaining. The cost of the facilitator will be sharedequally by the parties.

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