Eadm 8 310 072 3 Cs


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Eadm 8 310 072 3 Cs

  1. 1. The Three “C”s Certificates Contract Collective Agreements Professional “ A”
  2. 2. Why Johnny can’t read.
  3. 3. Bargaining <ul><li>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.) </li></ul><ul><li>Elsewhere in Canada </li></ul><ul><li>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 </li></ul>
  4. 4. <ul><li>Education Act §237(1) </li></ul><ul><li>salaries of teachers; </li></ul><ul><li>allowances for principals and vice-principals; </li></ul><ul><li>superannuation for teachers; </li></ul><ul><li>group life insurance for teachers; </li></ul><ul><li>criteria respecting the designation of persons as not being teachers . . . ; </li></ul><ul><li>the duration of a provincial agreement; </li></ul><ul><li>sick leave for teachers; </li></ul><ul><li>matters ancillary or incidental to the above; </li></ul><ul><li>other matters by mutual agreement. </li></ul>Items Bargained Provincially
  5. 5. Items Bargained Locally <ul><li>Education Act §237(2) </li></ul><ul><li>sabbatical leave for teachers; </li></ul><ul><li>educational leave for teachers; </li></ul><ul><li>salaries for substitute teachers; </li></ul><ul><li>the duration of a local agreement; </li></ul><ul><li>pay periods for teachers; </li></ul><ul><li>special allowances for teachers; </li></ul><ul><li>other matters by mutual agreement. </li></ul>
  6. 6. Teachers’ Right to Strike <ul><li>For: </li></ul><ul><ul><li>i. everyone has the right to refuse to work under unfair or unsafe working conditions </li></ul></ul><ul><ul><li>ii. boards can avoid bargaining in good faith, knowing that teachers really can't do anything which would bring sufficient pressure to force compromise </li></ul></ul><ul><ul><li>iii. in some provinces, &quot;work-to-rule&quot; 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 </li></ul></ul><ul><li>Against </li></ul><ul><ul><li>i. strikes harm students and parents, neither of whom are directly involved in, or directly responsible for, the dispute </li></ul></ul><ul><ul><li>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 </li></ul></ul>
  7. 7. How Can We Avoid Strikes? <ul><li>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: </li></ul><ul><li>i. fact-finding </li></ul><ul><li>ii. mediation </li></ul><ul><li>iii. binding arbitration </li></ul><ul><li>Provincial level bargaining generally results in fewer strikes because the “big money” issues like salary are negotiated at this level. However: </li></ul><ul><li>i. There are still significant issues which are negotiated at the local level; e.g., leaves, work load (prep), special allowances, etc. </li></ul><ul><li>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. </li></ul><ul><li>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. </li></ul>
  8. 8. Losing It . . . ! (It = Your job!) <ul><li>Henry never knew what hit him. </li></ul>
  9. 9. Sanctioning Teacher (Mis)behaviour <ul><li>Tribunals - Boards of Reference, Arbitrators </li></ul><ul><li>Human Rights Boards of Inquiry </li></ul><ul><li>Courts </li></ul><ul><ul><li>A. Boards </li></ul></ul><ul><ul><li>B. Minister of Education </li></ul></ul><ul><ul><li>C. Federations </li></ul></ul><ul><ul><li>D. Courts </li></ul></ul>Who Can Exercise Sanctions Against Teachers? What Are The Possible Sanctions? <ul><ul><li>A. Discipline by employer reprimand --> suspension --> dismissal </li></ul></ul><ul><ul><li>B. Decertification - suspension or cancellation of Certificate </li></ul></ul><ul><ul><li>C. Professional discipline - reprimand --> recommendation to decertify </li></ul></ul><ul><ul><li>D. Criminal and/or civil liability </li></ul></ul>Quasi-Judicial and Judicial
  10. 10. Reasons For Dismissal, §214 <ul><li>Professional incompetence </li></ul><ul><li>Unprofessional conduct </li></ul><ul><li>Immorality </li></ul><ul><li>Neglect of duty </li></ul><ul><li>Physical or mental disability </li></ul><ul><li>Any other cause which, in the opinion of the Board . . . renders the teacher unsuitable for continued teaching service . . . . </li></ul><ul><li>OR </li></ul><ul><li>Redundancy , §210(1)(b) </li></ul>Note: There is NO TENURE for a nonexistent position!
  11. 11. TERMINATION and DISMISSAL <ul><li>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: </li></ul><ul><ul><li>termination must be by notice in writing, giving reasons, and in accordance with agreements. </li></ul></ul><ul><ul><li>the standard contract stipulates the date for termination; May 31. </li></ul></ul><ul><ul><ul><li>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 . . . .” </li></ul></ul></ul><ul><ul><li>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: </li></ul></ul><ul><ul><ul><li>warn the teacher in writing </li></ul></ul></ul><ul><ul><ul><li>give the teacher assistance </li></ul></ul></ul><ul><ul><ul><li>allow a reasonable time for improvement </li></ul></ul></ul>
  12. 12. Top Ten Ways to Get Fired! <ul><li>10. Become a “thorn in the side” of your Director. </li></ul><ul><li>9. Refuse to listen to concerns of parents; you know better. . . . </li></ul><ul><li>8. Offend local standards of appropriate behaviour. </li></ul><ul><li>7. Become an active member of a racist (or otherwise offensive) organization. </li></ul><ul><li>6. Party with students. </li></ul><ul><li>5. Get drunk at the Christmas party and insult the Board Chair. </li></ul><ul><li>4. Refuse to teach a particular class/student. </li></ul><ul><li>3. Grow marijuana in your basement. </li></ul><ul><li>2. Lose your temper and assault a student. </li></ul><ul><li>1. Become involved in a romantic relationship with a student. </li></ul>
  13. 13. Remedies: Boards of Reference <ul><li>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. </li></ul><ul><li>COMPOSITION OF BOARD - Tripartite Board with Board of Education nominee, a teacher nominee, and a third person nominated jointly, as chair. </li></ul><ul><li>ROLE OF BOARD OF REFERENCE </li></ul><ul><ul><li>Ensure procedural fairness has been afforded by Board of Education, e.g., notice provisions, reasons stated to teacher, opportunity to show cause, etc. </li></ul></ul><ul><ul><li>Ensure there is evidence of the cause for dismissal </li></ul></ul>
  14. 14. Remedies: Boards of Reference <ul><li>LIMITS ON BOARD OF REFERENCE </li></ul><ul><ul><li>Not available for probationary teachers </li></ul></ul><ul><ul><li>Limited to investigation of the written reasons for dismissal </li></ul></ul><ul><ul><li>Cannot substitute its opinion for the school board's </li></ul></ul><ul><ul><li>Decision is final and binding. No direct appeal to the courts. </li></ul></ul>
  15. 15. DECERTIFICATION: <ul><li>As it is the Minister who grants certificates, it is within his/her authority to suspend or cancel them. s.4(1)(d) </li></ul><ul><li>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. </li></ul><ul><li>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.” </li></ul><ul><li>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. </li></ul>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.