The Provincial Stability Commission: Building on Our Bargaining Success (Collective Bargaining)

Before beginning to negotiate the 2004-2008 teacher collective agreements, ETFO entered into discussions about establishing a provincial framework that would apply to negotiations in all locals.

The April 2005 agreement we reached with the Ministry of Education and the Ontario Public School Boards’ Association (OPSBA) clearly set out the parameters for salary increases, improvements in preparation time, and a reduction in weekly supervision duties. It was to apply to the negotiations in every local for the next four years

Very early on, ETFO voiced its concerns about our ability to resolve system-wide issues with a lengthy collective agreement in place. In the past, one and two year agreements had provided us the opportunity to address new issues at the bargaining table relatively quickly. Minister Kennedy responded to our concerns by proposing the creation of a Provincial Stability Commission (PSC) as part of the framework agreement. We agreed to this clause:

“The Government will appoint a Provincial Stability Commission to review potential system-wide issues arising out of a four-year collective agreement. The Commission will consist of equal numbers of representatives acceptable to the school boards and ETFO respectively, with a mutually acceptable chair. Right to grieve and arbitration rights under the provisions of collective agreement are maintained.”

The Provincial Stability Commission (PSC) was established on March 29, 2006.

The Commission’s ability to function effectively is recognized in the language that has been negotiated into ETFO’s local collective agreements. During the last round of bargaining, boards and locals agreed to give the Commission authority to resolve issues dealing with supervision schedules. In July 2006, the Commission paper, Commission Practices, elaborated on its mandate and the principles that guide its activities:

• The PSC exists to foster and further labour relations peace and stability
• The PSC will operate as a primarily consensual problem-solving body through consultation and facilitation with local board/ETFO joint supervision committees
• The PSC will undertake to conduct research and to collect information and data that can assist boards in fostering a cultural change to incorporate proven practices experienced in other parts of the province
• The PSC will act quickly to produce results and solutions … to accomplish success within weeks not months.

During the past several months, the Commission has been  working with those boards and locals that experienced  disputes around super- vision  issues  during  the  2005-06  school  year. Discussions continued throughout the summer to ensure that as many schools as possible could begin the new school year with approved super- vision schedules in place.

To date, the commissioners have worked by consensus  very  successfully. We operate with a respect for each other’s  positions and opinions and with the clear understanding  that  the best solutions are those fashioned at the local level by those directly involved. These principles have helped the Commission reach positive results to some very challenging  issues in schools across this province.

However, the Commission has also adopted a process to be used in the event consensus fails: a cadre of arbitrators will assist the PSC in reaching final binding decisions. The  arbitrators will follow guidelines established by the Commission and will make recommendations for solutions to issues within one or two weeks.

Reflection on past challenges and future gains

The Commission recognized early on that each board and each local has a unique culture with practices that have been in place for many years. This often prevented them from discovering simple solutions to what appeared to be  extremely complex issues.

We have been able to help schools learn from each other.  For example, we found  that  there were cases of schools of similar sizes, with similar physical layouts, where one school  was able to find a solution to its supervision issues but the other was not. The Commission has been effective in spreading information about best practices among schools and among boards.

As a commissioner, I’ve learned that the one issue that has consistently affected the process at the local level  has been communication. We have witnessed not just a breakdown in communications between the  members of the local joint supervision committee but also a lack of clear guidelines for school supervision committees. The Commission has been very successful in helping many committees to recognize these breaches in process.

Although the supervision-time provisions in collective agreements have created many challenges for many local committees, there are also many success stories and new opportunities to celebrate.

•  Teacher workload has been reduced, often significantly.
• School boards and local unions have learned new and better ways of solving problems, and have resolved major system issues, specifically in the area of supervision. With effort, this can only lead to positive experiences in dealing with system-wide challenges in the future.
• Although principals were at first often apprehensive, many have recognized the positive results from shared decision making with school staff.
• Because of the commitment demonstrated time and time again by the school supervision committees, school board officials now clearly recognize our members’ devotion and care for the children they serve. They also recognize that members aren’t acting in self-interest.

We’ve met the challenges presented to us and have a strong resolve to face what comes our way during this next school year. The unique culture of each school board will once again have been modified by circumstance and by the participation of  the partners in the resolution process. As much as school boards view themselves as unique, they all  share the  same common  elements and need only to expand their horizons beyond, in some cases, a very narrow focus.

I suspect that a decade from now we will wonder what all the fuss was about.