>The Alberta government is invoking the Charter’s notwithstanding clause in back-to-work legislation that will force public school teachers to return to class after a three-week strike, a move that organized labour leaders said could cause an “unprecedented response” by unions across the province.
>If passed, the bill would use the notwithstanding clause, which allows governments to shield legislation from Charter challenges in court, to override Alberta teachers’ Charter right to strike or bargain collectively.
>The decision to invoke the clause – a measure rarely taken by governments and even more infrequently used to end labour disputes – could lead to broad labour action in Alberta.
>Last Friday, the Alberta Federation of Labour warned Premier Danielle Smith that using the notwithstanding clause would “escalate the situation from a confrontation between your government and the teachers to a confrontation between you and the entire Canadian labour movement.”
>Under the legislation, teachers would be forced to accept the tentative agreement that 89.5 per cent of them voted against in late September. That vote ultimately triggered the strike beginning Oct. 6.
>[…]
>Ms. Smith’s governing United Conservative Party has majority rule in the Alberta Legislature and has committed to quickly passing the bill so students can return to school as soon as Wednesday.
>Once the bill receives royal assent, teachers who continue to strike can face fines up to $5,000 per day and unions can face separate penalties of up to $500,000 a day.
>The deal being imposed by the government would expire in 2028. It provides teachers with a 12-per-cent salary raise over four years, and commits the government to hiring 3,000 teachers and 1,500 educational assistants.
>Negotiations between the Alberta Teachers’ Association have largely come to a halt since the start of the strike. The province recently proposed the parties enter non-binding mediation to end the strike, which the ATA rejected because of a provision that meant class caps or student-teacher ratios wouldn’t be up for discussion. Provisions for those issues were critical components the ATA wanted in a final agreement.
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>The Alberta government is invoking the Charter’s notwithstanding clause in back-to-work legislation that will force public school teachers to return to class after a three-week strike, a move that organized labour leaders said could cause an “unprecedented response” by unions across the province.
>If passed, the bill would use the notwithstanding clause, which allows governments to shield legislation from Charter challenges in court, to override Alberta teachers’ Charter right to strike or bargain collectively.
>The decision to invoke the clause – a measure rarely taken by governments and even more infrequently used to end labour disputes – could lead to broad labour action in Alberta.
>Last Friday, the Alberta Federation of Labour warned Premier Danielle Smith that using the notwithstanding clause would “escalate the situation from a confrontation between your government and the teachers to a confrontation between you and the entire Canadian labour movement.”
>Under the legislation, teachers would be forced to accept the tentative agreement that 89.5 per cent of them voted against in late September. That vote ultimately triggered the strike beginning Oct. 6.
>[…]
>Ms. Smith’s governing United Conservative Party has majority rule in the Alberta Legislature and has committed to quickly passing the bill so students can return to school as soon as Wednesday.
>Once the bill receives royal assent, teachers who continue to strike can face fines up to $5,000 per day and unions can face separate penalties of up to $500,000 a day.
>The deal being imposed by the government would expire in 2028. It provides teachers with a 12-per-cent salary raise over four years, and commits the government to hiring 3,000 teachers and 1,500 educational assistants.
>Negotiations between the Alberta Teachers’ Association have largely come to a halt since the start of the strike. The province recently proposed the parties enter non-binding mediation to end the strike, which the ATA rejected because of a provision that meant class caps or student-teacher ratios wouldn’t be up for discussion. Provisions for those issues were critical components the ATA wanted in a final agreement.
!ping Can