The British Columbia Teachers' Federation (BCTF) is reeling after BC Supreme Court Justice Susan Griffin recently declined to offer further clarification on her earlier judgment on class sizes.
Griffin told delegates from the BCTF and the BC Public Schools Employers' Association (BCPSEA) that Bills 27 and 28 are "unconstitutional and invalid" in an Oct. 12 meeting.
The B.C. Liberal legislation had eliminated class size, class composition, specialist staffing and hours of work from the public teachers' collective agreement.
Cariboo-Chilcotin Teachers' Association (CCTA) president Joan Erb says this latest result is "an extreme disappointment and a surprise."
She explains the CCTA was hoping a clarification from Griffin would give teachers in B.C. a "little bit more clout with BCPSEA," in their call to restore class-size bargaining.
"I'm very fearful we won't get it in this round of negotiation," Erb says, adding a resolution is "crucial" to the success of current contract negotiations.
"It's the number 1 priority on the bargaining list - smaller class size and composition."
The government submitted a revised proposal to the BCTF on Oct. 4, including $165 million in class-composition funding over three-years that was rejected by the BCTF as a "pittance."
Education Minister George Abbott is on record as saying there is still hope for a settlement because government has been working with the BCTF toward a negotiated resolution to the issues surrounding Bill 28.
"I am hopeful that through the consultative phase, we can come to a common view on the meaning and implication of the Supreme Court decision and reach a negotiated resolution."
While the ruling that restores teachers' bargaining rights provides one year for the province to remedy the issues, Erb says no resolution is anywhere in sight.
She adds her understanding is that the point of contention between the two bargaining entities is now left for the BCTF and BCPSEA to resolve.
"Madame Griffith made it very clear that BCPSEA had until April 2012, so it will be very interesting to see what will happen in April.
"I suspect nothing [will happen], but I don't know. I'm very concerned."