THE ASSAULT ON TEACHERS’ COLLECTIVE BARGAINING RIGHTS IN BY BRIAN FORBES

20 OS|OS SPRING/SUMMER 2017 THE BEGINNING (TA1) end a strike by 400 home care workers. been a staple of teachers’ contracts for The legislation required that the union decades). Government also wanted to egotiations between the Province of negotiate with the employer to determine lengthen the school day and the school Nova Scotia and the Nova Scotia which services were essential, with workers year, remove principals (and above) from Teachers Union, in the fall of 2015, deemed essential prohibited from going on the union, reduce teacher control over N 2 did not begin well. strike. A month later that principle was certifcation and professional development, The preceding summer, Finance Minister extended to 40,000 health and community and eliminate retiree health care benefts, sent a letter to union services workers with passage of the as well as an assortment of other contract leaders. While referring to the “stark fscal Essential Health and Community Services stripping proposals. There was no indication reality” facing the province, Minister Delorey Act, which ended a brief strike by 2,400 of government interest in addressing a explained the government was committed nurses in the Capital Health District.3 And myriad of classroom and working conditions to a balanced budget, without raising taxes, in October 2014 McNeil used the Health issues that teachers had submitted. which he claimed taxpayers were “not Authorities Act to force a reduction of That same afternoon, in blatant interested in contributing.” bargaining units, merging district health disregard of a confdentiality agreement The following week, the minister authorities across the province from 10 to between the parties earlier in the day, summoned all public sector unions in the government posted its salary proposal to province to a meeting, at which he delivered teachers on its website. Everything pointed a stern message: Nova Scotia’s fnances IT WAS A SHOCK TO NSTU to a tough and nasty round of negotiations. were not in good shape. According to REPRESENTATIVES WHEN THEY Then it got worse. labour leaders who attended the meeting, they were told that there would be no new MET WITH THEIR GOVERNMENT º º º money available for public sector workers. COUNTERPARTS ON SEPTEMBER 29, When later pressed, Delorey denied he While the two teams were engaged in trying had indicated no new money, just that 2015 TO EXCHANGE PROPOSALS. to establish dates for further meetings, the there would be no new taxes. He also GOVERNMENT PROPOSED A Union’s chief negotiator, lawyer Ron Pink, disputed assertions that he had warned was “approached by senior representative the government was prepared to introduce 2% SALARY INCREASE OVER A of the province ... and asked if [he] would legislation imposing its own demands have a ‘discussion’ with the government FIVE YEAR CONTRACT, AND PHASING if new agreements did not incorporate about the possibility of settling the issues them. Perhaps that is what prompted OUT OF THE LONG TERM SERVICE in dispute without lengthy and diffcult Joan Jessome, president of the province’s negotiations.”6 According to Mr. Pink, that largest union, the Nova Scotia Government AWARD (A SIGNIFICANT MONETARY led to “negotiations” between himself and and General Employees Union [NSGEU], BENEFIT PAYABLE AT RETIREMENT, the individual who had approached him, to say that the Minister had used very during which he consulted with “senior creative language, forcing the unions to THAT HAD BEEN A STAPLE OF leadership of the union” and relayed read between the lines.1 Regardless, with TEACHERS’ CONTRACTS FOR their responses back to the unnamed the letter and follow-up meeting on August government representative. To this day 18th, the essence of Delorey’s message DECADES). the identity of this government “Mystery was clear; the government had attempted Man” has not been revealed by either side. to set the tone and predetermine the Nor is it known who at the Union offce outcome of all upcoming negotiations. authorized these secret discussions, nor The union leaders had gone into the with which Union offcials Mr. Pink was meeting wary; they came out angry and two.4 So unions had every reason to believe consulting. What is clear is that neither the apprehensive. that the Premier would not hesitate to Union’s offcial negotiating team, nor the The foreboding was justifed. Since his resort to legislation to get the agreements government’s, had any inkling that the talks election in 2013, and in spite of pre-election he wanted, if they were not compliant with were taking place. It is also acknowledged promises to respect unions and collective his demands at the table. by Mr. Pink himself that the “Mystery Man” bargaining rights, Liberal Premier Stephen Nevertheless it was a shock to NSTU warned that, if the Union did not accede to McNeil had proven himself unsympathetic representatives when they met with their government demands, they were prepared to both. In particular, he had shown no government counterparts on September 29, to legislate all of the most distasteful qualms about using the power of the 2015 to exchange proposals. Government items in their original proposals, and quite Legislature, where he had a comfortable proposed a 2% salary increase over a fve possibly more. It was this overt threat that majority, to enact conditions he could not year contract,5 and phasing out of the long apparently spooked whoever was speaking get at the bargaining table. In February term service award (a signifcant monetary for the Union through the agency of 2014 he introduced a bill designed to beneft payable at retirement, that had Mr. Pink.

OS|OS SPRING/SUMMER 2017 21 On November 12th the Union’s 2. Service award accrual to end as 2015 negotiating committee was summoned to of July 31, 2015 and paid out at Halifax to be apprised of the agreement that retirement; and September 29: Meeting between NSTU and had been reached through this very irregular 3. Withdrawal of all other government government resentatives. process; in effect a fait accompli arrived at and union proposals.7 without their knowledge or participation. November 12: NSTU attends meeting in In due course, reportedly after some very In A Brief Word distributed to members Halifax to be presented with TA1 (arrived at heated discussion, the agreement was on November 18th, NSTU President Shelley through a very irregular negotiating process). approved by the committee. Only after they Morse was explicit about why they were being asked to ratify the agreement. “In November 18: NSTU president, through the face of impending draconian legislation a memo distributed to membership, asks …GOVERNMENT WAS WALKING it was decided to recommend acceptance membership to ratify TA1. AWAY WITH ITS OWN FISCAL of this offer.” In essence, the Premier had made the Union an offer it couldn’t refuse, November 26: Former NSTU presidents OBJECTIVES SECURED, DUE TO A forcing the Union to give him what he issue statement critical of the bargaining process and ask that scheduled ratifcation TWO-YEAR WAGE FREEZE FOLLOWED wanted most – wage restraint and surrender of service awards, which would establish vote be cancelled, allowing parties to return BY ANOTHER TWO YEARS OF the pattern for all upcoming contracts with to the table; failing that, former presidents other public sector unions. The ratifcation advocated rejection of TA1. MINIMAL INCREASES, WHILE A vote would occur on December 1, and it December 1: Membership votes to reject TA1, was widely expected that the deal would be MAJOR MONETARY BENEFIT — 60% to 40%. accepted. THE SERVICE AWARD — WAS TO That judgment proved to be wildly December 7: NSTU invites government to BE ERASED FROM THE CONTRACT. premature. Teachers had not yet had their resume negotiations. say. IT WAS HARD TO SEE ANYTHING December 14: Bill 148 (Public Services BUT AN ABJECT SURRENDER OF º º º Sustainability Act) receives frst reading in the Legislative Assembly. TEACHERS’ INTERESTS. The sudden unanticipated announcement of a tentative agreement (subsequently December 18: Bill 148 receives third reading known as TA1) was greeted by teachers and royal assent but was not (and still hasn’t at frst with mystifcation, possibly mingled been) proclaimed. with a ficker of relief and hope. Against had done so was it submitted for approval all expectation, could the two sides have to the government team, who were also reached a reasonable accommodation taken by complete surprise. Finally the tentative agreement was presented to the NSTU Provincial Executive (PE) for approval, and recommendation of acceptance to the membership, which it received. Finally, the existence of a tentative agreement was announced to astonished NSTU members, media and public, all of whom up to that time were totally unaware that anything was in the works, and were quite realistically resigned to a long and contentious round of bargaining between two parties who were at serious loggerheads with one another. The terms of the agreement were fairly simple:

1. Wage restraint — salaries to increase over a 4 year term by 0%, 0%, 1%, 1.5%, and 0.5% on the fnal day of the agreement;

22 OS|OS SPRING/SUMMER 2017 2016 so quickly? But as the substance of the agreement became known, and the January 17: Government renews negotiations process by which it had been arrived at with NSTU. emerged, the reactions quickly turned to shock, disbelief, and outrage. June: Liette Doucet elected president of NSTU. First, the agreement did nothing to address the many grievances around June 2: Government requests Minister of working conditions and classroom issues Labour appoint a conciliation offcer. that teachers had identifed, and expected to see addressed through the collective September 2: New tentative agreement (TA2) bargaining process. These included: reached between province and NSTU. class size and composition, inadequate October 4: TA2 is rejected by NSTU or nonexistent behaviour and attendance membership by a vote of 70%-30%. policies, implementation of new curriculum initiatives without adequate preparation October 25: NSTU members vote 96% in and resources, ever increasing demands favour of a strike. on teachers’ time by clerical duties, data collection and entry, innumerable October 27: NSTU President Liette standardized testing requirements at both Doucet writes letter to Minister of Labour provincial and board levels, redundancy requesting appointment of conciliation board in reporting results and documenting (government rejects request). students’ progress, the need to perform many of their electronic tasks on equipment November 3: NSTU asks Minister of Labour to and utilizing programs that were outdated, appoint a mediator (request is rejected). glitchy and not user friendly, and so on. In November 17: Minister of Education asks teachers’ minds, the cumulative result of conciliation offcer to invite parties back to the 2017 these and similar problems was to impose table (NSTU accepts). unreasonably on their time, detracting from January 18: New tentative agreement (TA3) their ability to actually teach and give their November 21: Talks resume. announced (work to rule to be suspended best to their students, and contributing to a immediately). growing sense of stress and burnout. Now November 25: Talks break off. it appeared that for the next four years January 27: Conficts between NSTU and there would be no contractual requirements November 28: NSTU leadership announces to government positions and interpretation of or leverage to force the government to do members and government that job action terms of TA3 becomes apparent. President anything about these teacher-identifed (“partial withdrawal of services”) would begin Doucet says teachers have lost confdence issues. At the same time government was on December 5. in Premier’s intent to honour the agreement, walking away with its own fscal objectives announces work to rule will resume. December 3: Minister of Education announces secured, due to a two-year wage freeze followed by another two years of minimal at a news conference that the Legislative January 29: Work to rule resumes. Assembly would convene Monday morning to increases, while a major monetary beneft — the service award — was to begin debate on Bill 75, that schools would be February 8: TA3 voted down by 78%. closed to students but not teachers because be erased from the contract. It was hard province couldn’t guarantee student safety as February 14: Government introduces Bill to see anything but an abject surrender of Bill 75 would be advanced into law. 75, expanded from the December version, teachers’ interests. and all-night sittings with strict limitations In the second place, the process that December 5: Minister of Education on timelines and debate ensue in an effort had produced the tentative agreement announces schools would be open the to push the legislation through as quickly as seemed tainted. Prior to 2015, the NSTU following day. A scheduled anti-Bill 75 rally possible. had always relied on its own highly trained, turns into a victory celebration. very competent staff in negotiations. The February 17: NSTU calls a province-wide appointment of Mr. Pink as chief negotiator December 6: Teachers begin work to rule. walkout, and “biggest rally ever” in Nova was contrary to all precedent, and to Scotia takes place outside the legislature. the Union’s own operating procedures. December 17: Parties return to the table with Even NSTU President Shelley Morse assistance of the Conciliator. February 21: Bill 75 becomes law, ending job acknowledged, “The normal collective action. bargaining process was not followed for

OS|OS SPRING/SUMMER 2017 23 this tentative agreement.”8 The perceptions between the appropriate people to arrive that the NSTU had yielded to government at a resolution.” Failing that, the group threats, and that the role of Mr. Pink was of advocated rejection of the agreement.10 questionable validity and utility, contributed Although the intervention by former leaders to a sense of bewilderment and frustration was not appreciated by either the NSTU on the part of NSTU members. But what hierarchy or the government, and their advice could they do? What choices did they have, was not heeded, the now considerable if their own union appeared unprepared to “No” advocates were encouraged and lead them in a fght? Was there any viable emboldened. As the vote approached THIS WAS THE GOVERNMENT’S option, other than to hold their noses and many teachers began wearing buttons and MOST COMPREHENSIVE vote “Yes”? posting memes proclaiming “Ask Me Why I’m Voting No”, and urging each other to LEGISLATED ATTACK ON º º º wear (anti-bullying) pink on voting day. On December 1st teachers across the COLLECTIVE BARGAINING RIGHTS While in the beginning opposition to the province voted 60% to 40% to reject the AND ORGANIZED LABOUR SO agreement was scattered and relatively tentative agreement, the frst time in their unorganized, a number of things happened history that they had ever done so. They FAR, CATCHING 75,000 PUBLIC in fairly short order to change that. A few were entering uncharted waters. SERVANTS IN ITS NET. BY MEANS days after details of the deal became public, a letter by Eric Boutilier (a former 1st THE MIDDLE (TA2) OF MARATHON ALL-NIGHT SITTINGS VP of the NSTU and recent candidate for OF THE LEGISLATURE, AND DESPITE President) excoriated the agreement in a After the rejection of the November 12 strongly worded letter which received wide tentative agreement (TA1), on December HUGE PROTEST RALLIES ORGANIZED distribution in social media. “None of the day 7, 2015 the NSTU invited the government BY THE UNIONS OUTSIDE THE to day needs (working conditions, marking to resume negotiations. It did not take the and prep, class caps, salary, among others) government long to respond, albeit in a LEGISLATURE, AND EXTENDED of teachers were met in this contract,” rather unexpected way. PROTESTS AND DILATORY TACTICS wrote Mr. Boutilier. “The NSTU gave in to On December 14 Bill 148, otherwise the threat of legislation. ... Shame on the known as the Public Services Sustainability BY THE OPPOSITION PARTIES NSTU for recommending this ‘package’ Act (PSSA) received frst reading in the INSIDE, THE BILL WAS RAMMED to the members. And shame on us if it’s Legislative Assembly. The Act applied voted in favor.” A few days later in a widely- to all public service employees and their THROUGH. circulated interview, Mr. Boutilier and Brian employers in the province, and effectively Forbes (the present writer, and a former decreed that any collective agreement president of the NSTU) urged rejection of reached among those affected must the agreement, further galvanizing vocal conform to certain parameters. First there opposition to the package.9 was the “wage pattern”, which was exactly Then, on November 26, a few days what had been specifed in the NSTU before the December 1st ratifcation vote, tentative agreement, now applied by fat to opponents of the agreement were further all public employees. In addition, all service electrifed when six former NSTU presidents award accruals were to be discontinued as issued a statement which claimed that of April 1, 2015. The Act further provided “The current diffcult situation between that its fnancial compensation restrictions government and the NSTU results from could not be exceeded by an arbitrator or the abandonment of normal collective arbitration board. It established a Public bargaining procedures, and failure to allow Services Sustainability Board with the the process time to resolve the issues in requisite authority and apparatus to review a reasonable manner acceptable to both collective agreements or arbitration awards parties.” By now the once unthinkable referred to it, and set aside anything that notion of a vote to reject was beginning to contravened the bill’s prescriptions. For look increasingly likely. The group urged that good measure it established that the the scheduled ratifcation vote be canceled constitutional validity or applicability of the and that the parties return to the table PSSA could not be challenged in any court, “to clarify all issues and allow suffcient or by any arbitrator, arbitration board, or time for legitimate discussions, conducted tribunal.11

24 OS|OS SPRING/SUMMER 2017 This was the government’s most awards, and tremendous resentment due their core mission was to fght for positive comprehensive legislated attack on collective to what they saw as outright disrespect changes to their own working conditions bargaining rights and organized labour so and betrayal from those they felt should and ability to meet student needs in the far, catching 75,000 public servants in its be listening to them and supporting them, classroom, and in defense free and fair net. By means of marathon all-night sittings Premier Stephen McNeil and Education collective bargaining rights. of the legislature, and despite huge protest Minister . The NSTU’s public On June 2, 2016 the government rallies organized by the unions outside the messaging that “it isn’t about the money” requested the Minister of Labour appoint a legislature, and extended protests and was obviously meant to defect government conciliation offcer — a somewhat puzzling dilatory tactics by the opposition parties and media criticism that greedy teachers development, since typically that request inside, the bill was rammed through. It were prepared to bankrupt the province would have come from the Union (the received third reading in the early morning in pursuit of their own monetary gain. But fling of a conciliation offcer’s report is the of December 18th, and royal assent on the teachers complained that the full range of trigger that starts the clock ticking towards same day. But in a curious twist, the Act was their concerns was not being represented the ability of a union to begin job action, or not immediately proclaimed, and thus did fairly or accurately to the public.14 of an employer to initiate a lockout). The not acquire the force of law (and, in fact, up For the next fve months, negotiations announcement of the government request to the time of this writing the Act has still not continued with little or no encouraging confrmed that little, if anything, had been been proclaimed).12 sense of signifcant movement by either achieved in nearly fve months of talks. It By passing and then not proclaiming side at the table (an accurate perception, also set off a furry of not unreasonable the PSSA, Premier McNeil had done a as it turned out). In early June 2016 Liette speculation among teachers that possibly number of things. He had served notice Doucet was elected NSTU president. As the government’s game plan was to on all public sector unions that he was not Halifax City local president, Ms. Doucet manipulate bargaining timelines to jam the to be defected from the quest for the holy had been a staunch opponent of TA1, and NSTU into holding either a ratifcation vote grail of his government, a balanced budget. it was largely that factor that resulted in or strike vote during the summer months, He had predetermined the outcomes her victory. Her two-year term of offce which would have presented almost of all ongoing and upcoming bargaining began on August 1. No NSTU president had insuperable diffculties for the Union. between the province and its employees. ever entered into their duties under more To protect itself against such an By not proclaiming the Act he sought to tumultuous circumstances. eventuality, the NSTU held a series of insulate himself from charges that he had Meanwhile, teachers took to social regional meetings of the membership in interfered with collective bargaining rights. media. One Facebook group page in late June to explain the situation and to And until the Act was proclaimed there particular, “NS Teachers Speaking Out” request summer contact information from was no possibility of legal challenge to (NSTSO), became a rallying point for all members. its constitutionality. Yet any union sitting teachers who were concerned about the At the end of June teachers began their down to negotiate with the government did direction in which their union seemed to summer vacations, badly in need of a break so with the full knowledge that the threat heading, and the way in which the confict from the tensions that had preoccupied for could be actualized by the stroke of a pen with the government was unfolding. In them for almost the entire school year, but if they pushed too hard at the table. As for general there was a sense that, particularly apprehensive of what to expect. proclamation, the Premier let it be known on the public relations front, the government that a request by any union for arbitration was outperforming the Union. NSTSO was º º º would be the trigger. Jason MacLean, 1st formed on January 3, 2016, by former NSTU Vice President of the NSGEU put it most president Brian Forbes (the present writer). They didn’t have to wait long. On September succinctly from the unions’ perspective: It was seen by many of its members as the 2nd it was announced that a new tentative “Not only do they have a gun to our head, “go to” place to ask questions about union agreement (TA2) had been reached they have a round in the chamber.”13 operational and bargaining procedures and between the province and the NSTU. Having rigged the game, the government contract provisions (especially pertaining A wave of fury broke as soon as details was ready to renew “negotiations” with the to long term service awards), to exchange of TA2 became known. Teachers regarded NSTU on January 17, 2016. information and concerns about working TA2 as virtually the same deal as TA1. Certainly there was plenty of conditions and the progress of negotiations, The salary package was identical. They disappointment over TA1’s failure to to propose ideas, and develop a sense of saw the changes to the service award address the concerns of overworked, under solidarity, commonality and unity with their provisions as trivial, the salient fact being resourced and beleaguered teachers. colleagues. The central ideas that emerged that in the end there would be no service But there was also annoyance over a were that there must be more transparency, award. The Union’s main selling point was salary offer that would see a signifcant accountability and attention to member an agreed upon “Partnership on Working loss of purchasing power over the term concerns on the part of NSTU leadership; Conditions”, to be co-chaired by the of the contract, displeasure over the that teachers were increasingly determined Department and the NSTU. Systemic working government’s attempt to seize their service to resist the government’s agenda; and that conditions’ issues not otherwise addressed

OS|OS SPRING/SUMMER 2017 25 in the contract, such as “data collection and put forward on the substantive issues. That reporting, scope of practice for teachers, was not so, however, and talks which had assessment and evaluation, planning for commenced on November 21st broke off student success, and technology and work again on the 25th. processes” could be referred by a teacher to the Partnership. However, since decisions º º º of the Partnership would be non-grieveable, teachers had little confdence that it would Up to this point in the process, it would be be effective in addressing their substantial fair to portray the government’s posture concerns. The Union also declared rather as intractable. In addition, it seemed to weakly that the agreement was important seasoned and experienced negotiation- PUBLIC REACTION WAS “because of what it did not contain”, i.e. watchers that the Premier had basically INSTANTANEOUS AND the various “draconian measures” which, boxed himself in. By investing himself during TA1 “bargaining”, the Mystery Man and his personal prestige so heavily and OVERWHELMINGLY NEGATIVE. had threatened would be legislated.15 publicly in the outcome — carrying the ball PARENTS HAD BEEN CAUGHT OFF- On October 4th, 70% of NSTU members for the government’s stance in the media voted to reject TA2. This was followed on and in the court of public opinion at critical GUARD, AND MANY STRUGGLED TO October 25th with a vote of 96% in favour junctures, rather than allowing his Minister ARRANGE CHILD CARE FOR THE of strike.16 of Education to do so — any compromise It seemed that the NSTU and the or climb-down on his part in the interests ENSUING WEEK WITH LESS THAN government of Nova Scotia had reached of reaching a resolution would be very 48 HOURS NOTICE. PEOPLE IN a standoff. The timelines stipulated in problematic for the government. Not that the Teachers Collective Bargaining Act there was any indication that he had the GENERAL WERE NOT IMPRESSED (TCBA) meant that the Union would be in least inclination to do so. WITH A STRATEGY OF LOCKING a legal strike position in early December. On November 28th word was sent to On October 27th, two days after the strike NSTU members and the government that OUT STUDENTS WHILE TEACHERS vote, NSTU President Liette Doucet wrote a the frst province-wide job action in NSTU letter to the Minister of Labour, requesting history would begin on December 5th, WERE AT WORK AND READY TO appointment of a conciliation board. The 2016. It would take the form of a “partial TEACH. MANY THOUGHT THE government responded by asking for withdrawal of services”, less accurately an itemized list of what the Union would known as “work to rule”. GOVERNMENT’S FEARS WERE be bringing to the table, and informed At a hastily-called Saturday morning OVERBLOWN. the Union that the government was only news conference on December 3rd, prepared to discuss salaries if savings Education Minister Casey announced that could be identifed that would offset any the Legislative Assembly would convene increases above its predetermined “wage on Monday morning. Ostensibly this was pattern.” The Union answered that it was not because, given the NSTU’s “work to rule” prepared to agree to preconditions on what (WTR) instructions to its members, the the conciliation board might consider. The province could not guarantee the safety government then rejected the conciliation of students. With teachers planning on board request…on the grounds that the arriving at school 20 minutes before class, NSTU was insisting on the precondition and leaving 20 minutes after the end of the that there must be no preconditions!17 instructional day, the fear was that students The Union’s next step was to request might be left unattended outside of those appointment of a Mediation Offcer, but times. The NSTU responded that no teacher the Minister of Labour declined such an or administrator would allow that to happen; appointment, saying that she doubted it most boards had hired or were planning to “could assist in resolving this dispute.”18 hire extra supervisors to address the issue, However, after rejecting mediation, and teachers themselves were insulted at and constructively rejecting a conciliation the mere suggestion that they would under board, on November 17th the Minister of any circumstances place student safety Education asked the conciliation offcer to at risk. Nevertheless the Minister’s fears invite the parties back to the table. The were not allayed. The plan was to introduce NSTU accepted, undoubtedly expecting legislation to put an end to the upcoming that the government had something new to job action, and to impose a contract, thus

26 OS|OS SPRING/SUMMER 2017 bringing about a conclusion to the diffcult At 4 p.m. on December 5th a large but that they understood why teachers felt negotiations. Meanwhile, schools would be rally that had originally been scheduled as they must do what they were doing. closed to students, but not to teachers, as a protest of Bill 75 turned into a victory As for teachers, many had ambivalent the proposed legislation (Bill 75) advanced celebration. feelings about WTR. The Union’s into law, likely taking about a week.19 Conventional wisdom held that WTR general directive was that teachers Public reaction was instantaneous and is divisive, affecting individual teachers would concentrate specifcally on overwhelmingly negative. Parents had been differently, and pitting union members teaching students, professionally and caught off- guard, and many struggled to against each other. It was further believed conscientiously delivering the Public School arrange child care for the ensuing week that such measures are harmful to Program requirements within the regular with less than 48 hours notice. People in students and tend to alienate parental and school day.21 They struggled with their general were not impressed with a strategy public support. The NSTU had not used consciences about some of the stances of locking out students while teachers were that strategy since 1971, shortly before they were obliged to take, such as refusing at work and ready to teach.20 Many thought gaining the right of collective bargaining. extra help to students outside of the the government’s fears were overblown. As WTR got under way on December defned instructional day. At the same time, All day on Saturday and Sunday MLAs, 6th however, these concerns proved largely after about a week in, many teachers began especially Liberal MLAs, were assailed by unfounded. As the dispute wore on, teachers to comment that they felt liberated. Without emails, social media attacks, and hostile enjoyed substantial public support, as spending hours collecting and entering data, media commentary. And from the moment people began to understand the working administering one-on-one assessments MLAs fled into the legislative chamber on conditions and classroom pressures that during class without a substitute being Monday morning it was clear that something were driving their frustration and anger. provided to oversee the rest of the class, was wrong. Neither the Premier nor the Public opinion polls almost invariably gave and attending myriads of meetings often Minister of Education were anywhere to be teachers an edge over the government, seen as unproductive, they felt they were seen. Deputy Premier Michel Samson was and social media forums sprang up in their able at last to teach as they wanted, to give explaining to media that the government support. One Facebook page, “Nova Scotia their very best to their students. And while was meeting with the NSTU, but reporters Parents for Teachers” eventually gathered they disliked some of the requirements of pointed out that the Union’s entire Provincial over 20,000 members, while the founders WTR they generally took the view that they Executive was sitting in the gallery. of a large group called “Students for needed to follow Union instructions on The frst matter to come before the Teachers” proved exceptionally articulate the matter scrupulously, remaining united House was a Liberal motion to recess for in expressing their support on Facebook and determined in order to win the larger one hour, which was immediately passed and in provincial media. Both groups were fght. Many teachers, having discovered with the support of the majority party. One instrumental in organizing protests and the joy of teaching unencumbered by hour later the House reassembled only rallies, enabling teachers to express their bureaucratic requirements and non- to pass a government motion to recess concerns and perspectives directly to a teaching expectations, vowed never to until recalled by the Speaker. Early in the large audience. resume all they had been doing voluntarily, afternoon the Minister of Education, looking There were issues, of course. The without appreciation or acknowledgment. fustered and nervous, announced that cancellation of school Christmas concerts They began to speak of the “new normal”. schools would be reopened to students the was seen as unfortunate, but did not cause At the same time, after the December following morning. The legislators gathered as much consternation as one might have 5th Legislature debacle, the parties once more to pass a motion to adjourn. expected. School athletics was severely returned to bargaining with the assistance The impending legislation had never seen disrupted when teachers withdrew from of the Conciliator on December 17th. the light of day. coaching activities. Even more problematic Meetings continued, and on January 18th According to the Minister of Education was the possibility of cancellation of a new tentative agreement (TA3) was the legislation had become unnecessary, student trips outside the country, with the announced. Teachers waited expectantly to because on Monday the NSTU had modifed potential of signifcant fnancial loss to see if the third time be a charm. the WTR rules to allow principals to arrive parents who had already signed up for the earlier and leave later than other teachers. trips. And the Union’s decision that student THE END (TA3 AND BILL 75) The NSTU quickly pointed out that the teachers were not to be accepted into changes had been faxed to the Minister’s classrooms for their practicums caused The frst thing that made teachers suspicious offce late on Friday afternoon, before her the universities to worry about the impact, about the new tentative agreement was Saturday morning news conference. In eventually initiating a lawsuit against the the announcement that work to rule was fact it was an open secret that six Liberal NSTU, which as of this writing has not been to be suspended immediately, before a backbenchers had refused to support the fully resolved. ratifcation vote, before they had even seen proposed bill, thus derailing the Premier’s Despite all this, the typical response of the content of the agreement. The Union’s plan and causing him a huge public parents interviewed about the situation was explanation was that the suspension was a embarrassment. that they did not like some of the impacts, gesture of good faith.

OS|OS SPRING/SUMMER 2017 27 When details were disclosed at a series a huge backlash among members, who of regional meetings, suspicion turned to believed they had been deceived by their rage. Salary and service award provisions own leadership. remained virtually unchanged from TA2. The On February 8th TA3 was voted down by provision that teachers would be entitled 78%, the largest margin yet. to two days off with pay, which the Union depicted as “personal days” and said º º º could be used for any purpose whatsoever, was met with scorn, as something teachers Premier McNeil recalled the Legislature had never asked for and did not want. for Monday, February 13th, but its sitting One of the biggest features of TA3 was was delayed until the next day by the worst WHEN DETAILS WERE DISCLOSED AT the agreement to create a Commission blizzard Nova Scotia had experienced in A SERIES OF REGIONAL MEETINGS, on Inclusive Education, which, according more than 10 years. (Rachel Creaser, a to Union offcials would “give teachers a teacher at Glooscap Elementary School SUSPICION TURNED TO RAGE. voice in changes to the inclusive education in the Annapolis Valley, garnered huge SALARY AND SERVICE AWARD model in Nova Scotia”. There would also media coverage and admiration when she be a “Partnership on Systemic Working protested outside the empty Legislature all PROVISIONS REMAINED VIRTUALLY Conditions which will explore and improve day in the middle of the blizzard.)24 On the UNCHANGED FROM TA2. THE systemic problems that prevent teachers 14th the government introduced Bill 75, from doing their job of teaching children.”22 substantially expanded from the barebones PROVISION THAT TEACHERS WOULD The Union argued this Partnership would version that the Premier had intended BE ENTITLED TO TWO DAYS OFF WITH fnally enable teachers to address many of to pass in December. In essence and their working conditions issues effectively. substance the bill imposed the contract, PAY, WHICH THE UNION DEPICTED Most teachers were unimpressed with with slight modifcations, that teachers had these proposals, pointing to the high cost just rejected, including provision for the AS “PERSONAL DAYS” AND SAID of the Commission, which the NSTU would “wage pattern”, cessation of service award COULD BE USED FOR ANY PURPOSE share, and the ephemeral existence (two accrual, and the creation of the Commission years) of the Partnership, and limited on Inclusive Education and the Council to WHATSOEVER, WAS MET WITH funds ($10 million) allocated to effect Improve Classroom Conditions, essentially SCORN, AS SOMETHING TEACHERS recommended changes. a somewhat enhanced Partnership on As voting day approached, two things Systemic Working Conditions.25 HAD NEVER ASKED FOR AND DID happened to further erode whatever support This time the Premier had the backing NOT WANT. TA3 had among members. On January of all of his caucus, though some (at 27th, in a scrum, the Premier disputed frst) professed to be struggling with their the NSTU’s version of the “personal days”, consciences. Throughout the next week insisting that they were to be used only as the government relentlessly pushed the bill marking and preparation days. In response through the legislative process as quickly the NSTU claimed to have a letter from as possible with all-night sittings and strict an unnamed government representative application of timelines and limitations confrming its interpretation. But when on debate. Inside the legislature building some members demanded that the letter the opposition flibustered as much be released to prove the Premier wrong, the as it could, and for two days teachers, Union refused on grounds of confdentiality. NSTU leaders, retired teachers, labour President Doucet announced that work to representatives and concerned citizens rule would resume on January 29th, stating made thoughtful, impassioned and that teachers had lost confdence in the informative representations before the premier’s intent to honour the agreement.23 Law Amendments Committee.26 Outside Later, at a regional meeting in Sydney there were huge rallies and all-night vigils a Provincial Executive member revealed protesting the bill. What has been described that the government had insisted on the as the biggest rally ever in Nova Scotia immediate cessation of teachers’ partial occurred on Friday, February 17th, when for withdrawal of services as a precondition to the frst time in its history the NSTU called the Union’s disclosure of the government’s a province-wide walkout, and teachers from offer to its members. This news spread like across the province converged on Halifax. wildfre across the province, and created They encircled the Legislature and created

28 OS|OS SPRING/SUMMER 2017 so much noise that it was reported that as looking out for the members’ welfare. article17751021/ 4. http://atlantic.ctvnews.ca/nova-scotia-legislature-passes- some Liberal members inside, who sat The members, in contrast, showed very contentious-health-merger-legislation-1.203723517 adjacent to the windows, were forced to little inclination to surrender. Yet following 5. The Union did not submit a specifc salary proposal at the cover their ears. But with a comfortable each rejection of an agreement, the Union outset of negotiations. 6. The following account is based on a letter from Ron Pink Liberal majority in the House, passage of sought to realign itself with the members, to NSTU members dated November 24th, 2015, and on my the bill was a foregone conclusion. In the and members largely were prepared to own personal knowledge. 7. A Brief Word, Nov. 18, 2015. early morning hours of Tuesday, February forgive and allow the Union to lead again – 8. Ibid. 21st, 2017, Bill 75 became law, and the until the next misstep. In short, when the 9. http://thechronicleherald.ca/novascotia/1324114-truro- educator-teachers-tentative-deal-a-step-backwards most dramatic and prolonged dispute ever leadership faltered it incurred the wrath of 10. http://thechronicleherald.ca/novascotia/1324608- between teachers and the Province of Nova many members, but when it showed itself tentative-deal-has-ex-nstu-presidents-critical-of-province- 27 union-leaders Scotia fnally came to an end. prepared to resume the fght, it was able 11. http://nslegislature.ca/legc/bills/62nd_2nd/3rd_read/ to recover broad support. #NSTUnited b148.htm EPILOGUE became a standard feature of NSTU offcial 12. In fact, up to the time of this writing, the Act has still not been proclaimed. But it served its purpose well. communications and members’ tweets 13. http://thechronicleherald.ca/novascotia/1327587- It is remarkable that in his tenure as and posts. In the end, as Bill 75 made its nova-scotia-introduces-wage-legislation-amid-labour-battle 14. NSTU members were not aware at the time negotiations Premier, Stephen McNeil has not signed inexorable way through the legislature there resumed that, while the government stuck to its position a single negotiated collective agreement was a heartening exhibition of unity and of “keeping the agreed-to wage package and changes to the phasing-out of the public service award,” the Union did with any major group of public servants. In solidarity between leaders and members. not bring any monetary compensation issues back to the every case where he could not achieve his In view of the fnal outcome, was the fght table because they believed progress on such matters was precluded by Bill 148. objectives at the bargaining table, he has waged by teachers worth it? It appears the 15. A Brief Word, September 30, 2016. Throughout the resorted to legislation to impose them. vast majority of teachers would answer with entire negotiating process one of the conundrums was that Following passage of Bill 75 — the a resounding “Yes!” That answer would not the Premier consistently argued that working conditions ought not to be included in the collective agreement, while constitutionality of which the NSTU is be based on improvements gained through the NSTU membership insisted they must. challenging — Education Minister Karen negotiation from TA1 through to TA3 and Bill 16. On both the failure of the ratifcation vote and the success of the strike vote, the Premier and the Minister Casey described herself as “cautiously 75. Those were largely (though not entirely) of Education pronounced themselves “disappointed.” this optimistic about the future of teacher- trivial, or else their value (in the case of became their stock description in reacting to any negative 28 development (from their perspective) that it became government relationships moving forward.” the Commission on Inclusive Education something of a standing joke among NSTU members. In my opinion, most teachers do not see and the Council to Improve Classroom 17. http://globalnews.ca/news/3039420/attempt-to-avert- potential-ns-teachers-strike-hits-snag-over-preconditions/ it that way under this current government. Conditions) has yet to be proven. But 18. http://www.metronews.ca/news/halifax/2016/11/09/ The Commission on Inclusive Education having stood strong in defense of collective province-rejects-external-mediator-nova-scotia-teachers.html was only recently formed in March, with bargaining rights and professional integrity 19. http://www.nationalpost.com/m/wp/news/ blog.html?b=news.nationalpost.com/news/canada/ its interim report due in June. The Council against a determined assault is a source nova-scotia-will-close-all-of-its-schools-because- to Improve Classroom Conditions has of pride and collective self esteem. Just student-safety-cant-be-ensured-after-teachers-take-job- action&pubdate=2016-12-03 met and produced recommendations for as importantly, because of their sustained 20. On December 5thteachers conducted a very successful some much needed reforms, but those articulation of the daily challenges they social media campaign, tweeting and posting pictures of themselves in their empty classrooms and brief descriptions recommendations are in abeyance until face as educators, there is a far deeper of what they would be doing if students were present, with after the election scheduled for May 30th, and broader public understanding of those the slogan “Ready to Teach”. 21. There was, however, an 18 page booklet that carefully 2017, and are widely seen, at least for now, issues than existed before the impasse. tried to identifed what was and was not allowed, and some as useful window-dressing for the Premier’s Hopefully that greater understanding of those matters, and teachers’ questions on them, could reelection campaign. Polls indicate will result in educational change becoming become quite detailed and convoluted. 22. NSTU “2017 Tentative Agreement Fact Sheet Summary”. signifcant slippage in Liberal support, and a political priority — and a reality — in the 23. http://atlantic.ctvnews.ca/n-s-teachers-to-resume-work- an even steeper decline in the Premier’s province. ● to-rule-after-premier-s-comment-on-days-off-1.3260317 24. http://www.timescolonist.com/nova-scotia-legislature- personal popularity. At the time of writing, sits-today-to-resolve-ongoing-teachers-dispute-1.9840210 it remains to be seen what effect this will BRIAN FORBES is a retired teacher. He 25. But in what teachers regarded as a petty punitive measure, the bill imposed the salary provisions of TA1, have on the provincial election results. taught for 30 years in Amherst and Yarmouth, which were somewhat less “generous” than TA2 and TA3, on It is important to note that NSTU Nova Scotia before serving as President the puzzling grounds that it was the salary offer the most of the Nova Scotia Teachers’ Union from teachers had voted for! resistance to the government’s agenda 26. The Law Amendments Committee is a uniquely Nova was entirely member driven. Three times 2000–2004. Scotian institution, which allows any citizen to make a the leadership were prepared to cut a presentation on a bill before the house before it receives 2ndand 3rd reading. The proceedings of the LAC on Bill 75 Endnotes deal, as unpalatable as it would be to the were recorded and live streamed, and that record constitutes 1. http://www.cbc.ca/news/canada/nova-scotia/nova- an invaluable archive for any future historian examining the members, and damaging to the Union. scotia-to-introduce-5-year-labour-deals-with-public-sector- state of public education in Nova Scotia in 2017. unions-1.3194706 Undoubtedly their motivation throughout 27. http://www.cbc.ca/news/canada/nova-scotia/ 2. http://www.cbc.ca/news/canada/nova-scotia/premier- bill-75-passed-teachers-union-contract-stephen-mcneil- was to avoid legislation which might be stephen-mcneil-s-history-with-labour-unions-1.3821906 liberals-1.2998187 3. http://www.theglobeandmail.com/news/national/nova- even worse than the terms of the tentative 28. Ibid. scotia-introduces-new-law-as-nurses-prepare-to-strike/ agreement, and so they saw themselves

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