The Labour Relations Board (LRB) has set today (Friday) as the tentative start date for a hearing about whether or not the B.C. teachers' withdrawal of extracurricular activities is legal.
The teachers' employer, the B.C. Public School Employers' Association (BCPSEA), filed a complaint with the LRB on May 9 alleging teachers are engaging in an illegal strike by withdrawing extracurricular activities that occur outside instructional hours.
"The complaint lists a host of activities that BCPSEA alleges are teachers' work, including the provision of private school references, putting report cards into envelopes, photocopying and filing report cards, attending student performances, attendance at student activities during recess and lunch, communicating with [administrators], participating in school and district committees, participating in staff meetings, collecting money from students and participating in fundraising, attending graduation ceremonies, coaching teams, sponsoring student clubs, participating in student tutorials and homework clubs and more," said Sunshine Coast Teachers' Association president Louise Herle.
"The employers' view is that these activities are the work of teachers. The BCTF's [B.C. Teachers' Federation] view is that these activities are volunteer."
Teachers across the province voted in favour of withdrawing from extracurricular activities in an attempt to put some pressure on the government after the passing of Bill 22.
"Bill 22 is so punitive that it leaves teachers with no other legal option in terms of resisting this legislation," Herle said. "Now they want to take away the only remaining option for teachers to take a stand."
Melanie Joy, chair of the board of directors for BCPSEA, said students are suffering as a result of the teachers' action.
"It is really unfortunate that students and parents continue to be negatively affected by this labour dispute, which appears to be more about politics than labour relations," Joy said. "This has been a very difficult school year and students and parents deserve to have the year end on a positive note, with students receiving the full range of educational services to which they are entitled."
She said BCPSEA's application is meant to reinstate teacher duties after normal work hours, not force them to do voluntary work.
"The focus of our application is on activities being withdrawn which are in no way voluntary and are duties and activities regularly and ordinarily performed by teachers as part of their normal work day, whether or not they occur outside of instructional hours," Joy said. "Most teachers' duties are expressly required by their employer boards, the collective agreement, and/or relevant legislation, regardless of when they are performed."
LRB vice chair Ritu Mahil will conduct a hearing into the matter starting today, May 18. It is expected the hearing will take three working days to complete.
