In a decision issued on December 29, 2011 the BC Court of Appeal upheld a ruling of Arbitrator John Hall that a grievance by the BC Teachers' Federation that school districts were not complying with the provincial requirements for student Codes of Conduct was not arbitrable.
After a freedom of information request disclosed in 2007 that most school districts were not complying with the substantive requirements of the Ministerial Order on student Codes of Conduct promulgated pursuant to the Safe School Act, the BC Teachers' Federation filed a grievance. The union was particularly concerned that Codes of Conduct should ensure that they make reference to the specific grounds of discrimination in the Human Rights Act-- gender, race, ethnic origin and sexual orientation, among others. The provision of the Ministerial Order setting out the content of Codes of Conduct was seen as a means of assisting in creating a safe and caring school environment for all members of the school community and as a tool to help end bullying in our schools, including homophobic behaviour.
The employer's bargaining agent, the BC Public School Employers Association objected to the grievance arguing that the Ministerial Order was not employment related and did not form part of the employment relationship captured by the collective agreement. On appeal, the BC Court of Appeal agreed that the grievance was not arbitrable, but stated that the issue of compliance remains unresolved. In other words, simply because the arbitrator can't rule doesn't mean that school districts are in compliance.
It remains to be seen whether school districts will take the initiative and review whether their schools are complying with the Ministerial Order, or whether they will sit back, as they have these past three and half years. The current premier, while still a radio talk show host, championed the annual Pink Shirt anti-bullying day. Will she now give direction to the Minister of Education and ensure that appropriate Codes of Conduct are in place in every school in the province?
After a freedom of information request disclosed in 2007 that most school districts were not complying with the substantive requirements of the Ministerial Order on student Codes of Conduct promulgated pursuant to the Safe School Act, the BC Teachers' Federation filed a grievance. The union was particularly concerned that Codes of Conduct should ensure that they make reference to the specific grounds of discrimination in the Human Rights Act-- gender, race, ethnic origin and sexual orientation, among others. The provision of the Ministerial Order setting out the content of Codes of Conduct was seen as a means of assisting in creating a safe and caring school environment for all members of the school community and as a tool to help end bullying in our schools, including homophobic behaviour.
The employer's bargaining agent, the BC Public School Employers Association objected to the grievance arguing that the Ministerial Order was not employment related and did not form part of the employment relationship captured by the collective agreement. On appeal, the BC Court of Appeal agreed that the grievance was not arbitrable, but stated that the issue of compliance remains unresolved. In other words, simply because the arbitrator can't rule doesn't mean that school districts are in compliance.
It remains to be seen whether school districts will take the initiative and review whether their schools are complying with the Ministerial Order, or whether they will sit back, as they have these past three and half years. The current premier, while still a radio talk show host, championed the annual Pink Shirt anti-bullying day. Will she now give direction to the Minister of Education and ensure that appropriate Codes of Conduct are in place in every school in the province?
0 comments:
Post a Comment