Q and A: Blacklisting boards that behave badly

June 12, 2012 Gordon Thomas

Question: At a recent bargaining unit general meeting, I learned that some school boards have decided to publish teachers’ bargaining proposals on a public website, over the objections of the Alberta Teachers’ Association (ATA). What can teachers and their Association do in response?

Answer: First, in jurisdictions where the board wants to cultivate a positive relationship with teachers, bargaining is conducted in a respectful and constructive fashion with both sides listening, learning and working to find mutually acceptable solutions. A certain amount of posturing is a normal part of collective bargaining but, as long as bargaining continues to progress, is usually not of great concern.

The situation you describe is not bargaining as usual. Instead, these are the actions of an employer that is openly contemptuous of its employees and their elected representatives at the bargaining table, and is not engaged in a good-faith effort to reach an agreement. It is understandable that you and your colleagues would feel anxious and want to see a strong response.

As reported elsewhere in this ­issue of the ATA News, the ATA can complain to the Labour Relations Board (LRB) that the employer has engaged in an unfair labour practice. The LRB will typically seek to settle the complaint; however, if this is not possible, a hearing may be scheduled and, if the complaint is upheld, the LRB can impose sanctions.

Another potential response by the ATA is to blacklist the offending school board. Blacklisting is rarely practised in Alberta. If a board is declared to be blacklisted, the ATA will advertise in newspapers and by notices on websites that the ATA is not able to recommend that members seek or accept employment with the board. The effect of this action usually means that teachers who are considering accepting employment with the blacklisted board opt to work elsewhere. Parents who have a choice of where to send their children may well choose other boards. This will continue until the board takes remedial action.

Teachers may collectively choose to raise public awareness of the board’s action in the community through advertising, advocacy and/or public ­demonstrations.

Ultimately, the failure of a board to bargain in good faith greatly increases the potential for labour unrest, and teachers may be forced to consider labour action up to and including a complete withdrawal of service. Because withdrawing services affects students, teachers are reluctant to pursue this course of action; however, absent any prospects of a reasonable settlement, such actions may prove to be unavoidable.

It is important that teachers stand together in face of the challenges posed by a hostile and irresponsible employer. At every stage of the bargaining process, decisions on how to proceed will be voted upon directly by members of the bargaining unit in a clear, legal and democratic manner. Please participate and provide support.

Questions for consideration in this column are welcome. Please address them to Gordon Thomas at Barnett House (gordon.thomas@ata.ab.ca).

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