Question: I read that teachers in Saskatchewan have initiated a work-to-rule job action. Could that happen in Alberta?
Answer: The short answer to the question is “not yet.”
“Work-to-rule” is a tactic used by unions to exert pressure on the employer and entails employees doing only the absolute minimum required of them. For teachers, working to rule might include refusing to facilitate or supervise extracurricular activities or undertake any work outside the school’s instructional hours.
In Alberta, a strike is legally defined as “a cessation of work, a refusal to work, or a refusal to continue to work, by two or more employees for the purpose of compelling their employer to agree to terms or conditions of employment.” This definition refers to any departure from normal work practice, like traditional strike action, and includes working to rule.
Therefore, a union can undertake a work-to-rule as a legal strike action only if a number of conditions are met, the most fundamental being that the collective agreement between the union and the employer must be expired and the parties have entered into bargaining. Currently, an agreement is in place on central matters between the Alberta Teachers’ Association and the Teachers’ Employers Bargaining Association (TEBA) until Aug. 31, 2024 and bargaining is currently in progress.
This means that, at this time, any strike action regarding salary or other matters within the scope of the central agreement would be unlawful, and none of the protections provided for striking workers under labour law would have effect. If a teacher were to decide unilaterally not to perform their regular duties, they could be held by their board to be in breech of the employment contract and would be subject to disciplinary measures up to and including dismissal with cause.
While the Alberta Teachers’ Association, in fulfillment of its duty of fair representation, would do its very best to defend a teacher in this circumstance, our options would be very limited and the prospects for the teacher would not be good.
Several teachers taking action in concert could also be deemed to be engaging in an illegal strike. Not only would these teachers run the risk of being subject to sanctions or dismissal individually, the Association, as the teachers’ union, would be expected by the Labour Relations Board to take immediate steps to bring the action to a stop. Failure to do so would likely result in the Association being penalized. In the case of widespread illegal action, there is precedent for the courts to impose fines in the hundreds of thousands or millions of dollars in addition to other administrative sanctions on the union involved.
The right to strike is a powerful tool available to unions and is very much an instrument of last resort. The Association is bargaining in good faith and is determined to achieve the best possible outcome for the current agreement, understanding that this will not be easy or without conflict. If the bargaining process should break down, then the members of the Association would decide whether and when to take strike action, and what form that action would take. In such an event, the Association would ensure that members were fully informed before proceeding intentionally, democratically and legally to obtain authorization to proceed.
Working to rule is by no means the “easy option.” Quite apart from the effect it would have on school culture, students, parents and public opinion, working to rule would be personally difficult for many teachers. When the Association last organized a work-to-rule in the unique circumstances following the passage of legislation forcing teachers back to work after the strike of 2002, many members expressed their preference to just walk off the job again, an option not legally available, rather than deprive their students of extracurricular experiences, including team sports, club activities and graduation ceremonies.
If and when the time comes, working to rule, along with other tactics, will be carefully considered from both legal and strategic perspectives, not as ends in themselves, but as means toward achieving a new collective agreement that meets the legitimate economic needs of teachers while improving teaching and learning conditions. How the Association proceeds will ultimately be directed by our members. ❚
Questions for consideration in this column are welcome. Please address them to Dennis Theobald at dennis.theobald@ata.ab.ca.
ATA Executive Secretary
