Time, sadly, to legislate end to teachers' job action

VICTORIA - There's no real alternative to a legislated end to teachers' job action, and no real reason to wait any longer.
Labour Minister Mike de Jong released the fact-finding report from deputy labour minister Rick Connolloy Friday, which concludes that "there is no prospect for a voluntary resolution at the bargaining table."
He's right, given the circumstances. The BC School Employers' Association has no mandate to bargain the issues that concern teachers, and no reason to make any concessions. If they wait, their proposals will be the basis of a legislated settlement.
De Jong said cabinet is considering the next step. But waiting for rotating strikes to start Oct. 11 before reacting with legislation would simply create needless disruption.
It is a disheartening situation, and one that reflects badly on all involved.
The main items in dispute are compensation, and issues like class size and teacher aides for special needs students.
Compensation was always going to be a point of conflict. The government says teachers have to take a two-year wage freeze, like other public sector employees, before getting any increases. Teachers want to keep up with inflation, and wage settlements in Ontario and Alberta.
Donnolly reports that the BC Teachers' Federation proposals would mean cost increases of seven per cent to 10 per cent a year for three years. (The employer and the union have come up with different costings.)
It's hard to see how the impasse over compensation could have been avoided.
But that' s not so true of the deadlock over the other issues.
Teachers had maximum class size guarantees and provisions for teacher aides and librarians in their contracts until 2002. (And they believed they had given up wage increases in return for those provisions.)
The Liberals used legislation to strip them from the contract, without consultation or compensation.
The motive is understandable. Issues like class size affect educational quality, and must be balanced with other priorities. Those decisions should be made by elected - and accountable- trustees, and MLAs.
But the issues also affect working conditions, and teachers should be able to get a serious hearing for their concerns. (Teachers are also rightly angry that their voices as frontline professionals aren't being heard.)
Donnolly is sympathetic. "Effective public policy requires involvement of all those affected," he reports. "It is my opinion that government should develop an approach to engage with teachers and education stakeholders including parents, trustees, superintendents and principals in an effective and meaningful dialogue regarding this critical issue that is entirely separate from the collective bargaining process. "
Commissioner Don Wright made a similar recommendation in a report to government 10 months ago. last year.
But three years after creating the problem, the government hasn't acted to provide a way for teachers to be heard.
Government action might not have changed anything. The BCTF is insisting on government-union talks on the issues, linked to contract negotiations. The Liberals want more stakeholders involved and a separate process.
De Jong expressed surprise at Donnolly's report. "I don't know how you can meet for 35 times and not agree on anything," he said.
It's simple. There is no reason for the parties to bargain. People negotiate and compromise because they think they have a chance to reach an agreement that gets them something, and because they fear the consequences of failing.
The employer has nothing to fear from failed talks, and no reason - or mandate - to bend. The teachers don't believe they can get anything. Negotiations will fail.
The result is bad for students - employees who feel abused do not do their best work - and violates teachers' right to bargain the terms of their employment.
Wright reported the problem to the government last year, and proposed a solution. Not perfect, perhaps, and not what teachers wanted, but a start.
The government's inaction, and an intractable union, set the stage for this damaging deadlock.
Footnote: What now? The government's best option is to impose a two-year deal, which takes the union to next June. At the same time it could legislate a timetable to ensure that a new, workable process - perhaps based on the Wright recommendations - is in place in time for new negotiations next year.