The Alberta Teachers’ Association

The journey to a collective agreement can be direct or winding

The Alberta Teachers’ Association is the bargaining agent for all teachers employed by public, separate and francophone school jurisdictions in the province. Through local bargaining units, the Association negotiates with each school board to determine teacher salaries and employment conditions.

Each of these local bargaining units is comprised of a group of teachers who are employed by one school jurisdiction and whose conditions of practice are contained in one collective agreement between that particular employer and the Alberta Teachers’ Association. Teachers in that bargaining unit elect a committee of their colleagues, called the Economic Policy Committee (EPC), to oversee bargaining and the monitoring of the collective agreement. A smaller negotiations subcommittee of the EPC is then elected to actually carry out negotiations with the employer.

Staff from the ATA’s Teacher Welfare program area are assigned to each bargaining unit as representatives of the bargaining agent. Along with the negotiations subcommittees, these staff members conduct collective bargaining with the employers.

The bargaining process is governed by the Labour Relations Code, Association bylaws and the frame of reference of each EPC.

Teacher Welfare develops a set of guidelines for collective bargaining that is approved by Provincial Executive Council and used by EPCs to prepare an initial position. Teachers complete a bargaining survey to determine which issues should be included in the opening proposal. EPCs may also collect information through meetings with subgroups of teachers, school visits or focus groups.

Once the EPC has reviewed the results of the survey, it drafts an initial proposal and brings it to a bargaining unit general meeting (BUGM) for teachers to discuss and propose changes. Teachers then vote on the amended initial proposal and give the Association their authority to commence collective bargaining.

Initial proposal

Together, the initial proposals put forward by teachers and the employer constitute all the issues to be dealt with in that round of bargaining.

The employer also appoints a bargaining committee that’s generally made up of board members and central office officials. School jurisdictions may hire a labour relations consultant, either through the Alberta School Boards Association or a private contractor, to assist them with the negotiations.

As bargaining proceeds, the teachers’ negotiating committee provides regular progress reports to the EPC while also seeking its advice and feedback. If an EPC is unsure how to proceed at any point, it may call a BUGM to get direction from members.

A settlement is written up in a memorandum of agreement that’s signed by both bargaining committees, who agree to recommend it to their respective members for ratification. The EPC calls a BUGM to present teachers with the settlement and background information. Teachers debate the merits of the settlement and vote to either accept or reject it. Acceptance by both parties results in a new collective agreement; rejection by either party means bargaining continues.

If the parties are having difficulty reaching a settlement, either one or both may apply for the assistance of a government-appointed mediator. The EPC calls a BUGM to update teachers on negotiations and to get approval to apply for mediation. The first two days of mediation are free of charge. After two days the parties split the expense.

A mediator may help the parties reach a memorandum of agreement or write her own recommended settlement terms that teachers and the school board will then vote on. Acceptance of the recommended terms by both parties results in a collective agreement and rejection by either group returns the parties to further negotiations.

A mediator may conclude that there is little chance the parties will reach a settlement and “write out” of the dispute, thereby allowing for a strike or lockout vote. Such a vote can occur after a two-week cooling off period, during which the parties can still attempt to reach a settlement.

Strike or lockout

A strike is the withdrawal of services by employees to the employer. If the EPC believes that no acceptable settlement is possible without the threat of strike action, it will call a BUGM so teachers can debate the authorizing of a strike vote. By secret ballot, teachers vote whether or not to authorize the Association to apply to the Labour Relations Board for a strike vote.

Like an election, a strike vote involves a voters’ list and ballot boxes. Conducted in each school, the process is supervised by Labour Relations Board personnel, who count the votes in a central location, then release the results to both parties.

A lockout is the denial of work by an employer to employees. School boards conduct lockout votes in much the same manner as strike votes.

While strike or lockout votes are taking place, the two parties may continue to bargain.

Strike and lockout mandates are active for 120 days from the date of the vote. During that time, negotiations may continue, and if no settlement is reached, either the employer or the Association can provide 72 hours’ notice to activate the strike or lockout. If there is no strike or lockout during the 120-day time frame, the Association or the employer must vote again if they wish to secure another 120-day strike or lockout mandate.

Eventually the parties reach a settlement. While government can stop a labour dispute and put in place some type of arbitration, it may only act if there is a “public emergency.”

Sandra Johnston is the co-ordinator of the Teacher Welfare program area of the Alberta Teachers’ Association.