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October 28, 2017 4:33 am

BC Court of Appeal Rules in Favour of Province

Thursday, April 30, 2015 @ 10:23 AM

Prince George, B.C. – The BC Court of Appeal has ruled, the Province was within its rights to strip class size and composition from the collective agreement with teachers.

Education Minister Peter Fassbender and the BCTF will be holding news conferences this morning to address the ruling.

The court ruling is the latest decision in a battle that has been going on for years. Teacher’s argued they had the right to bargain on the issue of class size and composition, and the courts agreed in two previous trials. The Government’s position has been that allowing teachers that right strips government from being able to establish education policy.


Well, well, well!

Finally, a rational decision from the courts. It’s the responsibility of the duly elected government to set education (and other) polices, not a self-serving, protectionist public sector union. I’m thrilled with this decision.

Ecker is looking smart now. Had he stuck to his guns and waited for the court ruling, he never would’ve got what he did get in the contracted settlement – which certainly wasn’t what the teachers wanted, but better than what this ruling gives them.

But this is only 4 of 5 learned judges opinion. We’ll have to wait until the SOC rules 3 years from now, because in spite of the fact the money comes from hard working teachers pay cheques (and this is not sarcasm), the BCTF has no problem using it for a court case they’ll likely lose rather than say – build up a strike fund. Take a look at the number of times the SOC has overturned a BC Appeal Court decision – very rare.

4-1 to overturn Griffin’s flawed decision by the highest court in the province. The 2 million bucks awarded to bctf also overturned.

Most likely end up before the supreme court of Canada where IMO the SCoBC ruling will be upheld.

Massage parlours will be full of teachers this afternoon!

Well done! Now, let the whine and cheese party begin, LOL!

I am ataloss to explain the BCTF’s rational behind flogging this dead horse and winding up with nothing. Just proves the most recent strike was an epic failure and a waste of everyone’s time and money.
It is time for those who chose to be teachers to accept they are not exceptional and deserve no-more collective bargaining rights, than any other union hack. Next.

How would all you right wingers like to have a government contract to supply 6 machines to do a certain amount of work and the dear Liberals out of the blue said you can now only use 4 of the six machines but you have go do the same amount of work with the same schedule.

The BCTF continue to try to fight provincial elections by proxy.
Enough already. The electorate spoke loud and clear in the last provincial election.Enough already!!

Mac, i recall having to lay off two real good auxiliary emploees in the 90’s because government of the day decided to cut back, so I really understand what you mean. But then, that was the Ndp for yuh. In my view right winger in this case equals commom sense and good judgement.

Off to the Supreme Court.. Then once they rule people can whine on both sides..lol

First two rulings were by one trial judge, this ruling is a 5 judge panel and they ruled 4-1 – they also ruled against the bargaining in good faith argument. Supreme court of Canada is also a panel of judges. Nice thing with lower courts is you only have to draw a sympathetic judge – while supreme courts have a panel of opinions and 4-1 is a pretty one sided judgement. The BCTF has 60 days to file the Leave of Appeal – will probably cost a pretty penny to get their lawyers to draft a response. You can’t just appeal for the sake of appeal so it does take a lot of research in just 60 days.

As Iker says “This decision gives more power to government to undermine collective agreements and workers’ rights,” – in BC, if the lose in the Supreme Court of Canada it affects all of Canada by precedent.

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