© 2007R. Dolmage

EADM

The Three “C”sThe Three “C”s

Certificates

Contract

Collective Agreements

Certificates

Contract

Collective Agreements

Professional

“A”

© 2007R. Dolmage

EADM

Why Johnny can’t read.Why Johnny can’t read.

© 2007R. Dolmage

EADM

BargainingBargaining

In Saskatchewan we have what is known as “Provincial Level Bargaining;” some items are bargained for at the provincial level (big money items such as salaries, benefits and pensions, etc.) while others are addressed locally (leaves, substitute pay, noon-hour supervision, etc.)

Elsewhere in Canadasome bargaining is done exclusively at the provincial level or at the local level, while in some cases a mixed process similar to Saskatchewan’s exists

In Saskatchewan we have what is known as “Provincial Level Bargaining;” some items are bargained for at the provincial level (big money items such as salaries, benefits and pensions, etc.) while others are addressed locally (leaves, substitute pay, noon-hour supervision, etc.)

Elsewhere in Canadasome bargaining is done exclusively at the provincial level or at the local level, while in some cases a mixed process similar to Saskatchewan’s exists

© 2007R. Dolmage

EADM

Education Act §237(1) salaries of teachers; allowances for principals and vice-principals; superannuation for teachers; group life insurance for teachers; criteria respecting the designation of persons as

not being teachers . . . ; the duration of a provincial agreement; sick leave for teachers; matters ancillary or incidental to the above; other matters by mutual agreement.

Education Act §237(1) salaries of teachers; allowances for principals and vice-principals; superannuation for teachers; group life insurance for teachers; criteria respecting the designation of persons as

not being teachers . . . ; the duration of a provincial agreement; sick leave for teachers; matters ancillary or incidental to the above; other matters by mutual agreement.

Items Bargained ProvinciallyItems Bargained Provincially

© 2007R. Dolmage

EADM

Items Bargained LocallyItems Bargained Locally

Education Act §237(2) sabbatical leave for teachers; educational leave for teachers; salaries for substitute teachers; the duration of a local agreement; pay periods for teachers; special allowances for teachers; other matters by mutual agreement.

Education Act §237(2) sabbatical leave for teachers; educational leave for teachers; salaries for substitute teachers; the duration of a local agreement; pay periods for teachers; special allowances for teachers; other matters by mutual agreement.

© 2007R. Dolmage

EADM

Teachers’ Right to StrikeTeachers’ Right to Strike

For:

i. everyone has the right to refuse to work under unfair or unsafe working conditions

ii. boards can avoid bargaining in good faith, knowing that teachers really can't do anything which would bring sufficient pressure to force compromise

iii. in some provinces, "work-to-rule" is included in the definition of a strike; therefore, teachers do not have an intermediate level of job action; they only have two choices, work or strike

Against

i. strikes harm students and parents, neither of whom are directly involved in, or directly responsible for, the dispute

ii. the teachers and innocent third parties bear the brunt of the direct effects of the strike; school board members are relatively unaffected - at worst, they lose political points

For:

i. everyone has the right to refuse to work under unfair or unsafe working conditions

ii. boards can avoid bargaining in good faith, knowing that teachers really can't do anything which would bring sufficient pressure to force compromise

iii. in some provinces, "work-to-rule" is included in the definition of a strike; therefore, teachers do not have an intermediate level of job action; they only have two choices, work or strike

Against

i. strikes harm students and parents, neither of whom are directly involved in, or directly responsible for, the dispute

ii. the teachers and innocent third parties bear the brunt of the direct effects of the strike; school board members are relatively unaffected - at worst, they lose political points

© 2007R. Dolmage

EADM

How Can We Avoid Strikes?How Can We Avoid Strikes?

If there was an easy answer to this question, this “magic” solution would already be instituted. The more problematic alternatives already have been included in the process:

i. fact-finding

ii. mediation

iii. binding arbitration

Provincial level bargaining generally results in fewer strikes because the “big money” issues like salary are negotiated at this level. However:

i. There are still significant issues which are negotiated at the local level; e.g., leaves, work load (prep), special allowances, etc.

ii. Provincial level bargaining lends itself to tactics like rotating strikes which can be particularly disruptive in the short term without alienating too many parents.

iii. Regina Public S. D. #4 had a strike in 1990 which lasted 111 days. The relationship between the school division and the teachers’ association is still healing.

If there was an easy answer to this question, this “magic” solution would already be instituted. The more problematic alternatives already have been included in the process:

i. fact-finding

ii. mediation

iii. binding arbitration

Provincial level bargaining generally results in fewer strikes because the “big money” issues like salary are negotiated at this level. However:

i. There are still significant issues which are negotiated at the local level; e.g., leaves, work load (prep), special allowances, etc.

ii. Provincial level bargaining lends itself to tactics like rotating strikes which can be particularly disruptive in the short term without alienating too many parents.

iii. Regina Public S. D. #4 had a strike in 1990 which lasted 111 days. The relationship between the school division and the teachers’ association is still healing.

© 2007R. Dolmage

EADM

Losing It . . . ! (It = Your job!)Losing It . . . ! (It = Your job!)

Henry never knew

what hit him.

Henry never knew

what hit him.

© 2007R. Dolmage

EADM

Sanctioning Teacher(Mis)behaviour

Sanctioning Teacher(Mis)behaviour

A. Boards

B. Minister of Education

C. Federations

D. Courts

A. Boards

B. Minister of Education

C. Federations

D. Courts

Who Can Exercise Sanctions Against

Teachers?

Who Can Exercise Sanctions Against

Teachers?

What Are The Possible Sanctions?

What Are The Possible Sanctions?

Tribunals - Boards of Reference, Arbitrators Human Rights Boards of Inquiry

Courts

Tribunals - Boards of Reference, Arbitrators Human Rights Boards of Inquiry

Courts

A. Discipline by employer reprimand --> suspension --> dismissal

B. Decertification - suspension or cancellation of Certificate

C. Professional discipline - reprimand --> recommendation to decertify

D. Criminal and/or civil liability

A. Discipline by employer reprimand --> suspension --> dismissal

B. Decertification - suspension or cancellation of Certificate

C. Professional discipline - reprimand --> recommendation to decertify

D. Criminal and/or civil liability

Quasi-Judicial and Judicial

© 2007R. Dolmage

EADM

Reasons For Dismissal, §214Reasons For Dismissal, §214

Professional incompetence

Unprofessional conduct

Immorality

Neglect of duty

Physical or mental disability

Any other cause which, in the opinion of the Board . . . renders the teacher unsuitable for continued teaching service . . . .

OR

Redundancy, §210(1)(b)

Professional incompetence

Unprofessional conduct

Immorality

Neglect of duty

Physical or mental disability

Any other cause which, in the opinion of the Board . . . renders the teacher unsuitable for continued teaching service . . . .

OR

Redundancy, §210(1)(b)

Note: There is NO TENURE for a nonexistent position!

© 2007R. Dolmage

EADM

TERMINATIONand DISMISSALTERMINATIONand DISMISSAL

The decision to fire is the Board's, but the Act, Regulations, and frequently the collective agreements provide procedural controls. These controls include the following:

termination must be by notice in writing, giving reasons, and in accordance with agreements.

the standard contract stipulates the date for termination; May 31. there is also provision in the Act for firing teachers at other times:

s. 210(1)(a) for “gross misconduct, neglect of duty or refusing or neglecting to obey any lawful order of the board . . . .”

In general, performance appraisal procedures are often provided for in collective agreements; these require, as a minimum, that a teacher get a copy of any appraisal AND, that BEFORE recommending demotion or dismissal of a teacher because of poor work or attitude, a principal MUST:

warn the teacher in writing give the teacher assistance allow a reasonable time for improvement

The decision to fire is the Board's, but the Act, Regulations, and frequently the collective agreements provide procedural controls. These controls include the following:

termination must be by notice in writing, giving reasons, and in accordance with agreements.

the standard contract stipulates the date for termination; May 31. there is also provision in the Act for firing teachers at other times:

s. 210(1)(a) for “gross misconduct, neglect of duty or refusing or neglecting to obey any lawful order of the board . . . .”

In general, performance appraisal procedures are often provided for in collective agreements; these require, as a minimum, that a teacher get a copy of any appraisal AND, that BEFORE recommending demotion or dismissal of a teacher because of poor work or attitude, a principal MUST:

warn the teacher in writing give the teacher assistance allow a reasonable time for improvement

© 2007R. Dolmage

EADM

Top Ten Ways to Get Fired!Top Ten Ways to Get Fired!

10. Become a “thorn in the side” of your Director.

9. Refuse to listen to concerns of parents; you know better. . . .

8. Offend local standards of appropriate behaviour.

7. Become an active member of a racist (or otherwise offensive) organization.

6. Party with students.

5. Get drunk at the Christmas party and insult the Board Chair.

4. Refuse to teach a particular class/student.

3. Grow marijuana in your basement.

2. Lose your temper and assault a student.

1. Become involved in a romantic relationship with a student.

10. Become a “thorn in the side” of your Director.

9. Refuse to listen to concerns of parents; you know better. . . .

8. Offend local standards of appropriate behaviour.

7. Become an active member of a racist (or otherwise offensive) organization.

6. Party with students.

5. Get drunk at the Christmas party and insult the Board Chair.

4. Refuse to teach a particular class/student.

3. Grow marijuana in your basement.

2. Lose your temper and assault a student.

1. Become involved in a romantic relationship with a student.

© 2007R. Dolmage

EADM

Remedies: Boards of ReferenceRemedies: Boards of Reference

PERMANENT teachers who are dismissed or terminated have the right under §§216-230 of the Act to request that the Minister of Education set up a Board of Reference. The teacher must apply in writing stating disagreement within 20 days. The Minister of Education must act fairly in deciding whether to set up Board of Reference; he/she can refuse.

COMPOSITION OF BOARD - Tripartite Board with Board of Education nominee, a teacher nominee, and a third person nominated jointly, as chair.

ROLE OF BOARD OF REFERENCE

Ensure procedural fairness has been afforded by Board of Education, e.g., notice provisions, reasons stated to teacher, opportunity to show cause, etc.

Ensure there is evidence of the cause for dismissal

PERMANENT teachers who are dismissed or terminated have the right under §§216-230 of the Act to request that the Minister of Education set up a Board of Reference. The teacher must apply in writing stating disagreement within 20 days. The Minister of Education must act fairly in deciding whether to set up Board of Reference; he/she can refuse.

COMPOSITION OF BOARD - Tripartite Board with Board of Education nominee, a teacher nominee, and a third person nominated jointly, as chair.

ROLE OF BOARD OF REFERENCE

Ensure procedural fairness has been afforded by Board of Education, e.g., notice provisions, reasons stated to teacher, opportunity to show cause, etc.

Ensure there is evidence of the cause for dismissal

© 2007R. Dolmage

EADM

Remedies: Boards of ReferenceRemedies: Boards of Reference

LIMITS ON BOARD OF REFERENCE Not available for probationary

teachers Limited to investigation of the

written reasons for dismissal Cannot substitute its opinion for the

school board's Decision is final and binding. No

direct appeal to the courts.

LIMITS ON BOARD OF REFERENCE Not available for probationary

teachers Limited to investigation of the

written reasons for dismissal Cannot substitute its opinion for the

school board's Decision is final and binding. No

direct appeal to the courts.

© 2007R. Dolmage

EADM

DECERTIFICATION:DECERTIFICATION:

As it is the Minister who grants certificates, it is within his/her authority to suspend or cancel them. s.4(1)(d)

The STF, normally, will investigate cases where decertification is possible, hold hearings and recommend to the Minister whether to decertify - the Minister usually follows recommendations but does not have to.

Grounds for decertification - obviously very serious conduct because decertification results in legal disqualification from teaching - the level of proof of wrongdoing required for this type of action is usually described as “a preponderance of evidence.”

Cases usually involve criminal activity by teachers where the Minister concludes that the teacher is no longer morally fit to teach - usually sex, drug or violence related crimes - but sometimes incompetence.

As it is the Minister who grants certificates, it is within his/her authority to suspend or cancel them. s.4(1)(d)

The STF, normally, will investigate cases where decertification is possible, hold hearings and recommend to the Minister whether to decertify - the Minister usually follows recommendations but does not have to.

Grounds for decertification - obviously very serious conduct because decertification results in legal disqualification from teaching - the level of proof of wrongdoing required for this type of action is usually described as “a preponderance of evidence.”

Cases usually involve criminal activity by teachers where the Minister concludes that the teacher is no longer morally fit to teach - usually sex, drug or violence related crimes - but sometimes incompetence.

The Minister must tread carefully - Arguments might be made that decertification interferes with Charter Rights, especially if the action is being taken for reasons of lifestyle, belief, physical handicap, etc.

The Minister must tread carefully - Arguments might be made that decertification interferes with Charter Rights, especially if the action is being taken for reasons of lifestyle, belief, physical handicap, etc.