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This Act is current to February 10, 2021
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Education Services Collective Agreement Act

[SBC 2002] CHAPTER 1

Assented to January 27, 2002

Contents
1Definitions
2Constitution of teachers' collective agreement
3Resolution of disputes regarding agreed provisions
4Amalgamation
5Review of collective bargaining structures, practices and procedures
6Application of Labour Relations Code
7Repeal
Schedule

Definitions

1   In this Act:

"BCTF" means the British Columbia Teachers' Federation;

"employers' association" means the British Columbia Public School Employers' Association;

"parties" means the BCTF and the employers' association.

Constitution of teachers' collective agreement

2   (1) The following are deemed to constitute a collective agreement between the parties:

(a) the collective agreement between the parties that expired on June 30, 2001, as amended by

(i) deleting Article A.1 entitled "Term, Continuation and Renegotiation" and substituting the provisions set out in the Schedule to this Act,

(ii) increasing the amounts set out in the salary grids under the agreement as follows:

(A) by 2.5%, effective July 1, 2001;

(B) by 2.5%, effective July 1, 2002;

(C) by 2.5%, effective July 1, 2003,

(iii) the provisions referred to in paragraph (b) of this subsection,

(iv) section 4 of this Act, and

(v) effective July 1, 2002,

(A) deleting Article D.1 entitled "Staffing Formula – Non-Enrolling/English as a Second Language Teachers",

(B) deleting Article D.2 entitled "K-3 Primary Class Size",

(C) deleting sections D.1, D.2 and D.3 of Appendix 1 of Letter of Understanding No. 1, dated May 31, 1995,

(D) in Addendum C to Letter of Understanding No. 1, which addendum is dated April 23, 1997, deleting the heading "Professional Development and Teacher Assistants" and substituting "Professional Development" and deleting the heading "Teacher Assistants:" and the paragraph immediately under that heading,

(E) deleting paragraphs 1 to 5 and everything after paragraph 8 of Letter of Understanding No. 3, dated June 4, 1999,

(F) deleting Letter of Understanding No. 4, dated June 22, 1999,

(G) deleting Letter of Understanding No. 5, dated June 19, 2000, and

(H) in respect of an agreement referred to in Column A of the document entitled "Teachers' Collective Agreement Deletions" tabled in the Legislative Assembly on the date of First Reading of the Education Services Collective Agreement Amendment Act, 2004, deleting those words, phrases and provisions, or parts of provisions, as set out in the same row in Column B of that document;

(b) the provisions that have been negotiated and agreed to between the parties during collective bargaining.

(2) Subject to the limits set out in section 27 of the School Act, as amended by the Public Education Flexibility and Choice Act, the parties may vary the collective agreement constituted under subsection (1) of this section, except for the matters referenced or provided under subsection (1) (a) (i), (ii), (iv) and (v) of this section.

(3) Despite subsection (2), a provision of the collective agreement constituted under subsection (1) that creates an obligation for the government must not be varied unless the Minister of Finance approves the variation.

Resolution of disputes regarding agreed provisions

3   (1) If there is a dispute as to what provisions have been agreed to by the parties for the purpose of section 2 (1) (b), either party may, within 60 days from the day on which this Act comes into force, refer the dispute to an arbitrator appointed by the minister.

(2) The arbitrator appointed under subsection (1) must resolve all disputed issues within 30 days from the date that the dispute is referred to the arbitrator under that subsection.

(3) Sections 89 to 92 of the Labour Relations Code apply in respect of an arbitration under this section.

(4) A decision of the arbitrator appointed under subsection (1) is final and binding on the parties.

Amalgamation

4   Effective July 1, 2002, the provisions of an agreement referred to in Column A of the following table, which provisions form part of the collective agreement constituted under section 2 (1) of this Act, are deemed to apply for the purposes of all teachers employed by the board of education in the school district referred to in the same row in Column B, and the agreements referred to in Column C are void and cease to have any effect:

Column AColumn BColumn C
02 Cranbrook AgreementSchool District No. 5
(Southeast Kootenay)
01 Fernie Agreement
04 Windermere AgreementSchool District No. 6
(Rocky Mountain)
03 Kimberley Agreement
18 Golden Agreement
07 Nelson AgreementSchool District No. 8
(Kootenay Lake)
86 Creston-Kaslo Agreement
14 Southern Okanagan
Agreement
School District No. 53
(Okanagan-Similkameen)
16 Keremeos Agreement
31 Merritt AgreementSchool District No. 58
(Nicola-Similkameen)
17 Princeton Agreement
65 Cowichan AgreementSchool District No. 79
(Cowichan Valley)
66 Lake Cowichan Agreement
88 Terrace AgreementSchool District No. 82
(Coast Mountain)
80 Kitimat Agreement
89 Shuswap AgreementSchool District No. 83
(North Okanagan-Shuswap)
21 Armstrong-Spallumcheen
Agreement
56 Nechako AgreementSchool District No. 91
(Nechako Lakes)
55 Burns Lake Agreement

Review of collective bargaining structures, practices and procedures

5   (1) The minister may appoint a commission, consisting of one or more persons, to do the following:

(a) inquire into the structures, practices and procedures for collective bargaining by the employers' association, boards of education and the BCTF;

(b) make recommendations, after taking into consideration the factors referred to in subsection (2), with a view to improving those structures, practices and procedures;

(c) report the recommendations to the minister within the time set by the minister.

(2) The commission must consider the following factors:

(a) the public interest in stable industrial relations in the public school system and a bargaining environment that

(i) reduces the potential for disruption in the provision of educational programs to students,

(ii) does not interfere with any student's access to a quality education, and

(iii) results in expeditious settlement of disputes;

(b) the need for effective and efficient structures, practices and procedures for collective bargaining by the employers' association, boards of education and the BCTF;

(c) the views of the employers' association, boards of education and the BCTF on how to achieve effective and efficient structures, practices and procedures referred to in paragraph (b);

(d) any other factor that the commission considers relevant or that the minister may direct.

(3) The commission may not recommend the expiry or extinguishment of the collective agreement constituted under this Act before the expiry date set out in that collective agreement.

(4) For the purposes of an inquiry under this section, a person appointed to the commission has the powers, privileges and protection of a commission under sections 22 (1), 23 (a), (b) and (d) and 32 of the Public Inquiry Act.

(5) A person appointed to the commission may be paid remuneration and expenses set by the minister.

Application of Labour Relations Code

6   The Labour Relations Code and the regulations under it apply in respect of a matter to which this Act applies, but if there is a conflict or inconsistency between

(a) this Act, and

(b) the Labour Relations Code or the regulations under it,

this Act applies.

Repeal

7   (1) This Act may be repealed by regulation of the Lieutenant Governor in Council.

(2) Despite subsection (1), the collective agreement constituted under this Act is a collective agreement for the purposes of the Labour Relations Code, and the collective agreement remains in force until expiry of the collective agreement.

Schedule

(Section 2 (1) (a))

Article A.1: Term, Continuation and Renegotiation

In this Collective Agreement, "Previous Collective Agreement" means the Collective Agreement constituted under the Public Education Collective Agreement Act, S.B.C. 1998, c. 41, that was in effect between the parties for the period July 1, 1998 to June 30, 2001, including any amendments agreed to by the parties during that period.

1Except as otherwise specifically provided, this Collective Agreement is effective July 1, 2001 to June 30, 2004. The parties agree that not less than four (4) months preceding the expiry of this Collective Agreement, they will commence collective bargaining in good faith with the object of renewal or revision of this Collective Agreement and the concluding of a Collective Agreement for the subsequent period.
2In the event that a new Collective Agreement is not in place by June 30, 2004, the terms of this Collective Agreement are deemed to remain in effect until the date on which a new Collective Agreement is concluded.
3All terms and conditions of the Previous Collective Agreement are included in the Collective Agreement, except where a term or condition is amended, modified or deleted by or under the Education Services Collective Agreement Act or in accordance with this Collective Agreement.
4(a)If employees are added to the bargaining unit established under section 5 of the Public Education Labour Relations Act during the term of this Collective Agreement, the parties shall negotiate terms and conditions that apply to those employees.
(b)If the parties are unable to agree on terms and conditions applicable to those employees, either party may refer the issues in dispute to a mutually acceptable arbitrator who shall have jurisdiction to impose terms and conditions.
(c)If the parties are unable to agree on an arbitrator, either party may request the Director of the Collective Agreement Arbitration Bureau to appoint an arbitrator.
5(a)Changes in those local matters agreed to by a local union and the employer will amend the Previous Collective Agreement provisions and form part of this Collective Agreement, subject to paragraph (b) below.
(b)A local union and the employer must agree to the manner and timing of implementation of a change in a local matter.
(c)(i)This Collective Agreement continues previous agreements between the parties with respect to the designation of provincial and local matters (See Letter of Understanding No. 1).
(ii)The parties may agree to another designation which is consistent with the Public Education Labour Relations Act.