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Might be time for both sides in dispute to table best offer

Many parents are struggling with a continuing school labour dispute. All B.C. school kids are the victims of an ugly, long-term dispute over who controls what happens in our schools.

Many parents are struggling with a continuing school labour dispute. All B.C. school kids are the victims of an ugly, long-term dispute over who controls what happens in our schools. To those whose activities have been curtailed or cancelled, we offer our sympathies.

Just how did we get here, and how do we get out of this mess? The road we are on started some decades ago, some say back in the 1980s when bargaining was transformed into master collective agreements for all boards and teachers across the province. In the 1990s, the government of the day was "pro-labour" and so major changes came about in the arrangement in favour of the teachers. Upon assuming office over a decade ago, the current government decided it had to change all of this and basically set the collective agreement aside and unilaterally changed the working conditions by legislation. This has led to a decade-long B.C. Supreme Court squabble, which the government has lost twice along with the appeals.

Today we find the system operating with an agreement that expired over a year ago, with both sides far apart on their positions, and little prospect of an amicable settlement. The government initially wanted a 10-year deal with limited inflation, recently reduced to six years, and the teachers want significant changes to class size and other factors.

The teachers had limited but escalating walkouts and are now poised for a full strike. The employer has reduced pay, forced certain activities to be done and partially locked out teachers. More conflict is certain.

How would you feel if, as an employee, your employer withdrew previously agreed arrangements, such as reducing holidays or working hours? How would you feel, if as an owner, you suffered an increase in the cost of supplies and other conditions such that you could not afford to sell your goods/services? Metaphorically, those are the positions presented today.

Complicating the situation is the presence of the B.C. government - are they "government" on behalf of the taxpayer or the employer? A further complication is the question of whether teachers provide an essential service. If not, they should be allowed to strike and to be locked out. If they are essential, then no strikes and no lockouts. Sorry, folks, you cannot mix the two systems, despite what you see being attempted today.

Essential services disputes are normally resolved by arbitration where a person/committee is empowered to listen to both sides and to enforce a compromise. Slow and painful, but it can work.

A newer and more direct way is to allow for "best offer arbitration." This is where each side makes its last and best offer to an arbitrator and the arbitrator picks one or the other proposal - no compromises, no middle ground. This method makes both sides get serious very quickly under fear of losing it all. It has worked in school systems elsewhere - such as the State of Connecticut education system.

Perhaps, in this dysfunctional arrangement we have now, it's time for best offer arbitration.