Public Education Labour Relations Act

Public Education Labour Relations Act 382 1996 1922970521/96382/tlc96382_f E3tlc96382 1 Introductory Provisions Definitions 1 In this Act: bargaining unit means the bargaining unit referred to in section 5; board of education means a board as defined in the School Act and includes a francophone education authority as defined in the School Act ; employers' association means the employers' association established for boards of education under section 6 of the Public Sector Employers Act ; francophone teacher has the same meaning as in the School Act ; local matters means matters that are designated under section 7 as matters to be determined by collective bargaining between teachers' unions and boards of education; Provincial matters means matters that are designated under section 7 as matters to be determined by collective bargaining between the employers' association and the Provincial union; Provincial union means the British Columbia Teachers' Federation, or other union certified for the bargaining unit; support staff union means a trade union representing employees of a board of education other than teachers; teacher means a person included in the bargaining unit; teachers' union means a trade union representing the teachers employed by a board of education. Purpose 2 The purpose of this Act is a to improve collective bargaining practices and procedures in the public school system, b to establish a Provincial two-tiered system of collective bargaining for boards of education and trade unions representing teachers, b.1 to establish the employers' association as the accredited bargaining agent for the purpose of bargaining collectively with support staff unions, and c to promote positive working relationships in the public school system. Application of Labour Relations Code 3 1 The Labour Relations Code and the regulations made under it apply in respect of the matters to which this Act applies, but if there is a conflict or inconsistency between this Act and the Labour Relations Code , this Act applies. 2 The Labour Relations Board has exclusive jurisdiction to decide a question arising under this Act. 2 Bargaining Structure Employer bargaining agent 4 For the purpose of bargaining collectively with a teachers' union or a support staff union, the employers' association a is deemed to be the accredited bargaining agent for every board of education in British Columbia, and b has exclusive authority to bargain collectively for the boards of education and to bind the boards of education by collective agreement. Teacher bargaining unit 5 1 For the purpose of teacher collective bargaining, the bargaining unit is deemed to consist of all teachers and all francophone teachers, as defined in the School Act , and includes those employees of a board of education referred to in Schedule 1 or included in the bargaining unit under subsection (2). 2 The Labour Relations Board may include additional employees in the bargaining unit or exclude employees from the bargaining unit if it considers that the inclusion or exclusion of the employees would be consistent with the purposes of this Act. Employee bargaining agent 6 1 For the purpose of teacher collective bargaining, the British Columbia Teachers' Federation a is deemed to be the certified bargaining agent for the employees in the bargaining unit, and b has exclusive authority to bargain collectively for the bargaining unit and to bind it by a collective agreement. 2 Despite subsection (1), sections 18, 19 and 33 of the Labour Relations Code with respect to the change of bargaining agents and revocation of bargaining rights apply to union representation of the bargaining unit. 3 Collective Bargaining Content of collective agreement 7 1 The collective agreement entered into under this Act with respect to teachers must include all Provincial matters and local matters that have been agreed on by the parties. 2 Subject to subsection (3), the employers' association and the Provincial union must designate the Provincial matters and local matters to be determined by collective bargaining. 3 All cost provisions, within the meaning set out in subsection (4), are deemed to be Provincial matters. 4 In subsection (3), cost provisions includes all provisions relating to a salaries and benefits, b workload, including, without limitation, class size restrictions, and c time worked and paid leave, that affect the cost of the collective agreement. 4.1 In addition to the matters referred to in subsection (3), matters referred to in section 28 (1) (a) and (b) of the School Act respecting workload, including, without limitation, class size restrictions, are deemed to be Provincial matters. 5 If the employers' association and the Provincial union are unable to agree on a designation under subsection (2) in the negotiations for the first Provincial agreement only, on the request of both parties or on the minister's own motion, the minister responsible for the administration of the Labour Relations Code may appoint a person to arbitrate a dispute with respect to the designation. 6 Section 55 of the Labour Relations Code does not apply with respect to collective bargaining under this Act. Agreements on local matters 8 1 The employers' association must establish policies and procedures with respect to delegation of authority to boards of education to enter into local agreements with teachers' unions in respect of any local matters, except as provided in subsection (4). 2 The Provincial union must establish policies and procedures with respect to delegation of authority to teachers' unions to enter into local agreements with boards of education in respect of any of the local matters, except as provided in subsection (4). 3 If a board of education and a teachers' union are unable to agree with respect to a local matter delegated to them under subsections (1) and (2), either party may refer the dispute to Provincial bargaining. 4 The Provincial union and the employers' association must not delegate authority to declare or authorize a strike or lockout, and no teachers' union or board of education may declare or authorize a strike or lockout. 4 Regulations Power to make regulations 9 1 The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act . 2 Without limiting subsection (1), the Lieutenant Governor in Council may make regulations to amend Schedule 1 or 2. 5 Transitional Transitional — collective agreements 10 1 In this section: local agreement means a collective agreement entered into between a board of education and a teachers' union before the date on which this Act comes into force; Provincial agreement means a collective agreement between the employers' association and the Provincial union covering the employees in the bargaining unit. 2 Nothing in this Act requires the expiry or extinguishment of a local agreement before the expiry date set out in the local agreement. 3 Despite any other provisions of this Act or the Labour Relations Code , the bargaining unit does not include employees covered by a local agreement until the expiry of that local agreement. 4 Subject to subsection (5), if no Provincial agreement is in effect at the expiry of a local agreement, the terms and conditions of employment set out in the local agreement are deemed to remain in effect until the date on which a Provincial agreement is concluded. 5 The provisions set out in Schedule 2 are deemed to be included in a local agreement and to replace any provisions of the local agreement that deal with the same or a similar matter. 6 If a Provincial agreement is in effect at the expiry of a local agreement, the terms of the Provincial agreement apply to Provincial matters, and the terms of the expired local agreement are continued with respect to local matters to the extent that they do not conflict with the Provincial agreement, the School Act or any other enactment. 7 Employees whose local agreements have not expired must not participate in a strike vote or a strike. 8 Employers whose local agreements have not expired must not participate in a lockout vote or a lockout. 9 A local agreement that expires after June 30, 1994 may be terminated on a specific date that is before the expiry date in the local agreement if a before July 1, 1994, the teachers' union gives written notice to the board of education, the Provincial union and the employers' association that the agreement will expire on June 30, 1994, or b after June 30, 1994, the teachers' union and the board of education give written notice of a specific date of expiry to the Provincial union and to the employers' association, provided that the notice is received on or before the specified date of expiry. 10 If a local agreement is terminated under subsection (9), subsection (4) applies to the terms and conditions in the local agreement as they read on June 30, 1994 or, if another date of expiry is specified, as of the specified date. Transitional — accreditations 11 The accreditation of any employers' organization as bargaining agent for any board of education that is in force on the day on which this Act comes into force is cancelled and any rights or obligations of the employers' organization with respect to the accreditation are transferred to the employers' association. Transitional — regulations 12 1 The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing into operation this Act and to prevent any transitional difficulties encountered in so doing, and without limiting the generality of this, the regulations may, for a period the Lieutenant Governor in Council specifies, suspend the operation of a provision of an enactment if that provision would impede the effective operation of this Act. 2 Unless earlier repealed, a regulation under subsection (1) is repealed one year after it is enacted. Schedule 1 (Section 5) Employer Employees School District No. 23 — Central Okanagan Speech/language pathologists and physiotherapists employed by The Board of School Trustees of School District No. 23 (Central Okanagan) in the School District. School District No. 13 — Kettle Valley Persons employed to substitute for teachers. School District No. 69 — Qualicum Speech pathologists and occupational therapists employed by The Board of School Trustees of School District No. 69 (Qualicum) in the School District. School District No. 43 — Coquitlam Associated Professionals within School District No. 43 (Coquitlam). School District No. 34 — Abbotsford Speech therapists and multicultural itinerant employed by The Board of School Trustees of School District No. 34 (Abbotsford) in the School District. School District No. 64 — Gulf Islands Speech/language pathologists employed by The Board of School Trustees of School District No. 64 (Gulf Islands) in the School District. School District No. 35 — Langley Persons employed to give tuition or instruction in courses in English as a Second Language (E.S.L.) at the Langley Education Centre (Sundel) and the Aldergrove Education Centre. Schedule 2 (Section 10 (5)) Conflict 1 In the event of any conflict between the Public Education Labour Relations Act and a provision of this collective agreement, the provisions of that Act prevail. Employer bargaining representative 2 The employers' association established for boards of education under section 6 of the Public Sector Employers Act is the exclusive bargaining representative for the board of education under the Public Education Labour Relations Act . Union recognition 3 (1) The board of education recognizes the Provincial union established under the Public Education Labour Relations Act as the bargaining agent for employees covered by this agreement in accordance with that Act. (2) Any right provided to the union under the terms of this agreement is also provided to the Provincial union, except as affected by the Public Education Labour Relations Act . Leave of absence for Provincial bargaining 4 The board of education shall grant a leave of absence without pay to an employee designated by the Provincial union for the purpose of participating in collective bargaining activities on behalf of the Provincial union. [Note: section 4 of Schedule 2 of the Public Education Labour Relations Act, re-enacted effective January 31, 1997, B.C. Reg. 26/97; re-enactment not included.]