HB: Negotiation Legal Status

Classification: 
H: Negotiations
Code: 
HB

The legal status of negotiations conducted by the Board of School Trustees (the “Board”) relies on provincial legislation, including the School Act and the Labour Relations Code.  As well, certain groups of employees, such as the Professional & Administrative Staff Association, are organized under the Societies Act for purposes of negotiating with the Board.

The School Act sets out a defined time frame within which the Board and the associations must complete certain phases of the negotiations process with regard to salary and bonuses negotiation, culminating in a voluntary agreement or binding arbitration.  These procedures are explained in detail under policy HJ.

The Board and its employee groups have sought and experimented with models and procedures for bargaining in recent years in order to promote the best possible climate for negotiations to ensure the maintenance of the Board's educational programs and philosophy and to maintain a productive relationship with its teachers and administrators.

The legal status of bargaining a support staff collective agreement is contained in each collective agreement.  The Labour Relations Code sets out certain rules and regulations regarding notice to bargain, the commencement of bargaining, the requirement to mediate, the procedure for conducting a strike vote or lock-out notice and the legal requirement of providing adequate notice of a strike or lock-out to the other party.  The Labour Relations Code also has a provision that requires a trade union to represent its members fairly.

Note: The School Act refers only to negotiations between the Board and associations representing teachers.  The following definition is offered:

"Association" means an incorporated or unincorporated association of teachers that is authorized by a majority of the teachers employed by a board.

"Teachers' Union." [School Act, Section 1(1)].

DMT Responsibility: AS-HR

Cross References: 
All H section subcodes (all pertain to negotiations)
Agreement References: 
Current Collective Agreement with VTF; Current Salary & Bonuses Agreement with VASSA & VEPVPA; Current Collective Agreement with CUPE, Local 15/VMECW; Current Collective Agreement with IUOE, Local 963; Current Collective Agreement with CUPE, Local 407; Current Agreement with PASA
Adopted Date: 
Monday October 18, 1982
Revision Date: 
Aug 1990
Sep 1994
Jan 1999