BC Judge Gets Creative

You may have heard about the innovative ruling last week made by the British Columbia court in the case of the illegal teachers’ strike. 

The teachers don’t like the fact that the government has forced a contract on them.  The government’s move is bold indeed.  What point is there in having a collective bargaining system if one side can impose a contract?

Teachers were declared an essential service in 2001 and are not allowed to strike.  They went on strike anyway. The BC Labour Relations Board ordered them back to work.  The teachers have ignored that order.

The union got taken to court for civil contempt.  After hearing arguments on penalties, the judge delivered her reasons.  She gave a penalty that neither side even suggested. 

The government was looking for a large fine.  Instead, the judge took control of the union’s finances.  She ordered that the union not pay any strike pay to the teachers.  $50 a day may not seem like a lot to some, but $1000 a month goes a long way in your ability to keep your head above water.

She ordered that the union not use any resources to directly or indirectly fund the strike effort.  She ordered that a monitor be appointed to supervise the finances and report any breaches of the order.  The union cannot print leaflets, advertise or, arguably, even use staff resources to promote the strike.   The union has to pay for the monitor.

Essentially, all the union can now do is strike with no resources or return to the bargaining table. 

Without taking sides, I think that the judge did a wonderful thing.  Despite one’s dissatisfaction, the court’s orders must be obeyed.  No matter how much sympathy one might have for the teachers, we cannot endure anyone flaunting court orders.  It makes a mockery of the justice system and encourages others to ignore the law.

The judge has not imposed fines on the union, yet.  She is saving that, I am sure, in case the union continues to disobey the order (which, as of Friday, it was still doing).

I think that, if the teachers continue to strike, the judge should start imposing fines and start putting the union leaders in jail.  We know that the teachers will do what the union leaders want.  If the union leaders are encouraging the teachers to break the law by continuing to strike, then they should go to jail.

Contempt of court is very serious.  Our whole society depends on the rule of law and the authority of the courts.  If the court’s authority means nothing, the only other ways to assert the law is by having a police state or military rule.  I don’t think those are what we want. 

Most importantly, these are TEACHERS.  Any kid over 10 years old will know that the teachers are breaking the law.  What are the kids going to think of the teachers and school rules when the kids get back to class?  Nice lesson.