Today’s announcement by Education Minister Peter Fassbender that his government would appeal last week’s B.C. Supreme Court ruling that it had violated the B.C. Teachers Federation’s bargaining rights should come as no surprise.
Why?
Two things: money, and power.
The court judgment could end up costing taxpayers upwards of $500 million (Fassbender has thrown out a $1 billion figure with little to back that up) because thousands of teachers may have to be hired to meet staffing levels that were set in 2002 (the very ones the B.C. Liberal government arbitrarily stripped from the contract).
Now, a half billion dollars is not exactly chump change, particularly for a government struggling to balance its budget this year and next year as well. The money simply isn’t there (unless a tax increase is suddenly manufactured to pay for it).
Then there’s the power issue.
The decade-long fight between the BCTF and the provincial government has largely been a power struggle over who controls the classrooms in this province.
As well, the government rejects out of hand the notion that a public sector union can determine how tax dollars are allocated and how education policy is set. The BCTF’s members insist they knows what’s best for the classroom and the kids they teach.
Who should have the ultimate power here? A democratically elected government, or the collective bargaining rights of unionized employees?
That question will likely form the heart of the government’s appeal of last week’s ruling. It will ask the B.C. Court of Appeal to “clarify” where the ultimate power lies in a situation like this.
In the meantime, there’s that small matter of a new contract between the BCTF and the government. Now that an appeal has been launched, it’s hard to see much progress being met at the negotiating table until the B.C. Court of Appeal (and potentially even the Supreme Court of Canada) weighs in.
Of course, it’s in the best interest of all involved for the two sides to try to find a way out of this ongoing mess. The BCTF may have won a big court victory, but that doesn’t always immediately pay off in the world of realpolitik.
Can a compromise be reached? Should one? Can a mediator solve things?
Given the poisonous history of labor relations between the B.C. government and the teachers union, I see no reason to be optimistic that a positive outcome can be reached anytime soon. Look for this thing to drag on for a few more years yet, which means we’ll be seeing many more teachers’ protests on the legislature’s front lawn in the days ahead — court victory, or no court victory.
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