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Education minister questions legality of demonstrations planned by Vancouver teachers

George Abbott seeks clarification on what constitutes 'picketing'

Education minister George Abbott told the Courier Friday afternoon he was surprised to hear that teachers plan to demonstrate at or near schools during the three-day strike next week. Hell be seeking clarification on the Labour Relations Board ruling that prohibited picketing.

The ruling stated: During any job action, BCTF members will not picket, block access or egress or otherwise restrict or cause to be restricted in any way, the full and complete access to schools by members of all support unions or impede the operation of other employers who occupy the same premises as schools or school districts.

Vancouver Elementary School Teachers Association president Chris Harris said teachers will be demonstrating and leafleting at or near schools, but will not block access.

Abbott said the LRB ruling appears to be a pretty generalized ban on picketing outside of schools.

Now I understand that theres a bit of a debate going on right now about what would constitute picketing. I think that is something which would require the attention of the Labour Relations Board, or perhaps BCPSEA [B.C. Public School Employers Association] might be able to provide some advice on that, he said.

Obviously we, consistent with the order, [believe] ingress and egress to schools should not in any way be hampered, nor should the ability of support staff to access school in any way be hampered. If it were, it would be contrary to the order that has been issued by the LRB.

Abbott said the debate about the matter arose Friday afternoon and he would be seeking additional guidance on it. When asked what he thought the distinction between a protest and picket line is, he said hed leave that to the LRB.

They may well say leafleting is fine, but under [particular] circumstances. We may try to get some additional clarity on that. I hadnt expected this to come up, but obviously its going to, so I suspect its something well want to get some additional clarity on, Abbott said.

Hugh Finlayson, B.C. Public School Employers Association CEO, said the LRB ruling is clear that there is to be no picketing and no interference OF people coming on to or leaving school property.

So any activity which is designed to impede access or leaving the property would violate the spirit of the Labour Relations Board order, he said. There is no doubt that there probably will be individuals with signs and so forth, but the board order is clear that you cannot picket for the purposes of disrupting the normal flow of work, he said.

Finlayson added that it comes down to the interpretation by individuals as to what theyre doing. There have been occasions where information, people sharing information around a work site, is seen by employees as a picket line and theyve been uncomfortable in crossing the picket line. Thats what were trying to avoid, so theres no confusion that people are following not only what the board order says but the intent of it, he said.

BCPSEA is working with school districts to provide interpretation and direction of the LRB order.

Should an issue arise as to the application of the order and were unable to resolve that with the BCTF, then we would seek direction from the Labour Relations Board, Finlayson added. The LRB is quite used to these types of applications and they can turn them around quite quickly.

Abbott, meanwhile, confirmed school district advisories asking parents to find alternate arrangements for their children during the strike, but schools wont turn away those without alternatives.

In previous experience, and we have for better or worse considerable previous experience around this, generally something around two per cent of student population will actually find their way to school during these kinds of disputes. We want the number to be minimized. That having been said, we know there will be circumstances where some parents have to do this. In these cases we will accommodate the children, Abbott said.

[email protected]

Twitter: @Naoibh

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