What is the appropriate protocol for interpreting a collective agreement?

Gordon Thomas

Question: Our superintendent has indicated to teaching staff that they should consider their employer first when dealing with work-related questions and issues, or when they have a question about the interpretation of the collective agreement, prior to consulting with the Association. What is the appropriate protocol?

Answer: Members have the right to determine for themselves at which point they wish to access Association representation. It is bizarre that teachers would be advised to call the school board offices prior to taking the opportunity to contact the Member Services or Teacher Welfare program areas of the Alberta Teachers’ Association for advice. The Labour Relations Code prohibits an employer or any person acting on behalf of an employer from interfering with the representation of employees by their trade union.

A teacher needs to consult with Member Services staff to determine what appropriate action should be contemplated when dealing with questions and issues that arise out of their employment. It is a teacher’s right to inquire first about rights and obligations under legislation,
the Association’s advice on an issue or concerning representation or assistance that may be available from the Association prior to raising a matter with the school jurisdiction offices. We encourage teachers to do so in order to avoid potentially inappropriate actions on their part.

Teachers are also encouraged to contact Teacher Welfare staff if they have questions regarding the interpretation of their collective agreement and their rights under various clauses. Although all teachers are encouraged to become familiar with and take ownership of their collective agreement, Association staff are available to assist in matters arising from the collective agreement, the Employment Standards Code and human rights legislation.

Questions for consideration in this column are welcome. Please address them to Gordon Thomas at Barnett House (gordon.thomas@ata.ab.ca).