CUPE Locals on BCTF Strike
What do you do when the Law breaks the law?
A message from University Employees at UVic & Royal Roads(CUPE locals 4163, 951, 917, & 3886)
Why are we protesting?
This protest is not about wages and benefits, but about honouring contracts and respecting the process of free collective bargaining.
The BC Teachers’ job action is partly a result of a long list of injustices by the BC Government, such as ripping up legal contracts (Bill 29), stripping University workers of the right to strike (Bill 21), disregarding BC Supreme Court & Labour Board rulings (e.g., 2005 BCAA 393, and Bill 28), and not heeding a ruling by the United Nations.
The Law is breaking the law
The job action by BC Teachers is consistent with Supreme Court rulings on the Charter of Rights and Freedoms, with a non-binding United Nations International Labor Organization ruling, and with long standing labour law principles that have governed in BC for over 50 years. In contrast, Bill 12—the Campbell government’s law making the teachers’ job action illegal—has only existed since 4pm Friday Oct 7.
Two years ago, the BC Liberals imposed legislation that ripped up legal contracts. Last year, when the BC Supreme Court ruled against the BC Government on other matters, they simply changed the laws to suit themselves. They did this despite warnings from Supreme Court Justice D.W. Shaw that their actions contained “fundamental” errors on “points of law that are of importance to the education system of British Columbia, including the teachers, the school boards and the students.”
Today, the BC Government is doing it again. Bill 12 is an ad hoc law that contradicts past Supreme Court rulings, long standing legal principles, and the United Nations. In short, Campbell’s law breaks higher federal laws, and contradicts time-tested labour law principles and international standards.
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“History will have to record that the greatest tragedy of this period of
social transition was not the strident clamor of the bad people, but the appalling silence of the good people.”—Dr. Martin Luther King, Jr.
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Why are these events historic?
At one time there were no “collective agreements.” Workers resolved problems by “downing tools” & walking out. This led to industrial chaos and large-scale strikes during the 1930’s & 1940’s. Later, a “compromise” was made in the post-war period, requiring unions & employers to freely negotiate and then respect legally binding contracts (PC 1003). The result was relative labour peace.
Recent legislation, however, has put both contracts and free collective bargaining at risk, thereby threatening the very basis upon which labour peace is founded. All unions are threatened. As Martin Luther King said: “An injustice anywhere is a threat to justice everywhere.”
Why Civil Disobedience?
The “social contract” between a Government and its citizens is essential for nurturing a stable society, because it ensures the social rights of citizens. A Government agrees to respect the rights of citizens, and citizens in turn agree to respect the laws and submit to the power of Government. However, once a Government unilaterally violates rights, all bets are off—and Civil Disobedience is the result.
Part of Civil Disobedience is “disobedience”, or breaking the law. When a law is unjust, or when it contradicts higher laws & principles, citizens will use Civil Disobedience to fight the unjust law. Linda Coyle, President of The Charter for Public Education Network said: ”...there is a big difference between breaking the law and having a law created to break you.”
More info at www.cujpe.bc.ca. www.4163.ca
BCTF’s website has been shut down by court order.
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After revoking legal contracts, ignoring Labour Board & BC
Supreme Court rulings, & disregarding United Nations decisions, the BC Government has lost all legal credibility. If undermining the judicial process does not destroy democracy, then surely the inaction of British Columbians will. The members of UVic’s CUPE locals cannot to allow this attack on 42,000 teachers to pass inappalling silence.