Eadm 8 310 072 3 Cs
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Eadm 8 310 072 3 Cs






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Eadm 8 310 072 3 Cs Eadm 8 310 072 3 Cs Presentation Transcript

  • The Three “C”s Certificates Contract Collective Agreements Professional “ A”
  • Why Johnny can’t read.
  • Bargaining
    • 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 Canada
    • some 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
    • 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 Provincially
  • Items 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.
  • Teachers’ 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
  • 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.
  • Losing It . . . ! (It = Your job!)
    • Henry never knew what hit him.
  • Sanctioning Teacher (Mis)behaviour
    • Tribunals - Boards of Reference, Arbitrators
    • Human Rights Boards of Inquiry
    • Courts
      • A. Boards
      • B. Minister of Education
      • C. Federations
      • D. Courts
    Who Can Exercise Sanctions Against Teachers? What Are The Possible Sanctions?
      • 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
  • Reasons 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)
    Note: There is NO TENURE for a nonexistent position!
    • 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
  • 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.
  • Remedies: 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.
      • 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
  • Remedies: Boards 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.
    • 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.