Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 357, Juin 2010

Effect given to the recommendations of the Committee and the Governing Body

1. 30. The Committee last examined this case, which concerns violations of freedom of association principles on collective bargaining in respect of public employees through several pieces of legislation in the education sector (Bills Nos 15, 18, 27 and 28), at its June 2009 meeting [see 354th Report, paras 35–46]. The Committee recalls that it had previously noted measures undertaken by the Government of British Colombia to support and facilitate the bargaining process between teachers and school employers. In particular, it noted the appointment of an Industrial Inquiry Commission to make recommendations on the issue, expressed the hope that the final report of the Commission would prove helpful in further ameliorating the collective bargaining process and requested the Government to keep it informed of the implementation of the report. The Committee also expressed the hope that the settlement reached in the health-care sector, following a Supreme Court of Canada decision dated 8 June 2007 (Health Services and Support – Facilities Bargaining Association v. British Columbia, 2007 SCC27), would serve as an inspiration for the settlement of grievances prevailing in the education sector between the Government of the Province of British Columbia and the unions concerned with regard to the law in force (Skills Development and Labour Statutes Amendment Act and the Education Services Collective Agreement Act).
2. 31. In a communication dated 8 March 2010, the Government sent information on the measures taken to give effect to the Committee’s recommendations. In this regard, the Government reiterates that various actions undertaken which were responsive to the Committee’s recommendation included:
   • – the appointment of a Commission which helped the collective bargaining of a fiveyear collective agreement effective 1 July 2006;
   • – the establishment of a learning round table to provide a forum for education partners (including the complainant organization) to discuss critical issues related to conditions in the public school system; and
   • – the passage of the Education (Learning Enhancement) Statutes Amendment Act (Bill No. 33) establishing new class size limits, accountability measures and requirements for consulting parents and teachers on class size and composition.
3. 32. With regard to the Committee’s recommendation that the provisions of the Skills Development and Labour Statutes Amendment Act that make education an essential service be repealed, the Government indicates that the provisions do not take away the right of teachers or other employees in the education sector to strike or engage in other job action as part of the collective bargaining process, and that decisions on essential services levels take place at the Labour Relations Board which consults with workplace parties in setting these levels, taking into consideration a variety of factors including the duration of the job action.
4. 33. The Committee takes note of the reply of the Government which, for a part, merely repeats its previous report. In its latest reply, the Government underlines measures undertaken up to 2006 to support and facilitate the bargaining process between teachers and school employers. The Committee wishes to recall that in its previous recommendation it referred to the final report (namely the Vince Ready Report) issued by the Industrial Inquiry Commission in February 2007 and requested to be kept informed of the implementation of the said report. The Committee once again requests the Government to keep it informed of any measures taken to implement the final report of the Industrial Inquiry Commission, in particular in relation to steps to be taken prior to the expiry of the 2006 collective agreement.
5. 34. The Committee takes due note of the indication of the Government according to which the provisions of the Skills Development and Labour Statutes Amendment Act that make education an essential service do not take away the right of teachers or other employees in the education sector to strike or engage in other job action as part of the collective bargaining process and observes that this matter is being addressed by the Committee of Experts on the Application of Conventions and Recommendations.