Update on Labour’s Response to Alberta's Back to School Act
Between October 29 and November 10, 150 AUFA members participated in a survey aimed at understanding members’ awareness of and support for initiatives stemming from the provincial government’s use of the notwithstanding clause to force striking teachers back to work and deny their collective bargaining rights.
Members are generally aware of the situation, with 82% indicating they are following or closely following the strike and back-to-work legislation.
Members are overwhelmingly supportive of the teachers in their efforts to defend working and learning conditions in public schools, with 91% indicating they are supportive or strongly supportive and only six members (4%) indicating they opposed or strongly opposed.
Members are opposed to the use of the notwithstanding clause, with 84% indicating they are very or somewhat concerned about the overriding of collective bargaining rights.
Members are supportive of AUFA taking a sustained public stance, with 86% indicating that it is somewhat or extremely important that their union express support for the ATA and opposition to the government’s actions.
In addition, the survey asked members about their willingness to participate in a general strike if there was a call to do so — 81% said they would support such a call and 60% said that it was “very likely” they would join a walkout in solidarity (another 21% said it was “somewhat likely”).
Since the time the survey was open, the messaging from the leadership of the labour movement around a possible general strike has faded. The Alberta Teachers Association (ATA) instructed their members to comply with the back-to-work order (rather than risk fines and penalties for defying the legislation) and are planning on challenging the bill in court. The Alberta Federation of Labour (AFL) and Common Front have likewise tempered the initial calls for an “unprecedented” response and statements around “organizing toward a potential general strike” — shifting attention instead to the citizen initiative petition and recall campaigns currently underway as well as to the AFL’s Worker Agenda that identifies provincial policy priorities and additional citizen initiative petitions in the works. Notably, the Association of Academic Staff University of Alberta (AASUA) has started a petition to rescind the Back to School Act — for this type of petition, members can download a copy, collect in-person signatures from friends, family, and colleagues, and mail completed signature pages to AASUA.
Members incensed by the provincial government’s overreach may also feel disappointed that the situation didn’t follow closer to the precedent in Ontario in 2022, when education workers represented by CUPE were ready and willing to defy back-to-work legislation and saw significant support from the labour movement — in that case, the Ford government backed down and repealed the use of the notwithstanding clause. That it has played out differently in Alberta speaks to many complex and overlapping factors, including the extent to which labour law in this province already puts significant constraints on workers and unions. The fines and penalties for participating in unsanctioned labour action are existentially severe, and there is not yet an especially strong culture of bold mobilizing to assert collective rights.
Still, while this was perhaps not the moment for risky but principled labour action in Alberta, we are buoyed by the solidarity so many AUFA members and our colleagues have demonstrated in the face of relentless attacks on the public sector and Albertans’ Charter rights. This moment has built and strengthened connections between unions that don’t normally work closely together, and many union and non-union workers are discovering new sources of energy to organize and mobilize.
Another question the survey asked was this: “What message, if any, would you like our association to send, publicly or to government, about the ATA and the right to strike?” We received so many excellent comments that it is difficult to select only a few representative quotes. So, here are more than a few:
“Teaching conditions are learning conditions, and as post-secondary colleagues and educators, we support public school teachers right to free and collective bargaining, which rightfully includes the right to strike. We are appalled at the UCP's flippant use of the notwithstanding clause to legislate legally striking workers back to work and impose an already rejected contracted upon them. This is a blatant violation of human rights, labour rights and is contrary to the original intent of the clause. Further, this government's action demonstrates to Albertans that they are not listening and not governing in the interest of public good. Public education is a public good, and it is the government's duty to administer public education in a way that benefits Albertans. This includes collective bargaining with the union representing the teachers-- as well as the right to labour action as a mechanism for leverage. Legislating that right away is a dangerous and insulting move that affects all Alberta workers and their families. If this government is incapable of bargaining and governing without violating workers' rights, then they need to step down.”
“The right to strike is a fundamental right. The ATA is fighting for the good of their students, not just teachers.”
“The government's actions are completely unacceptable. The ATA has the right to strike, and the point of a strike is to cause disruption to call attention to issues that need addressing. Just because you don't like the disruption doesn't mean you can override employee rights. There's an easy solution: increase funding. If teachers are so essential that they have to be forced back to work, they should also be properly funded.”
“How wrong this is. That taking away the right for the teachers to strike impacts every single Albertan. This is not about opening schools anymore. This is about our government demonstrating that they are more then willing to void our rights as citizens.”
“The use of the notwithstanding clause weakens our democracy and that is not something you can blame on a rival political party, provincially or federally. Actions speak louder than words and we know this is all part of the UCP's long game of privatizing our public services.”
“We defend public education. We defend our kids' right to have a decent public education system. That is why we also defend teachers' right to oppose bad working and bad learning conditions created by the underfunding of public education by the Alberta Government.
We fiercely oppose Alberta government’s use of notwithstanding clause in Bill 2 and stand in solidarity with teachers and ATA's fair demands. THE PEOPLE UNITED WILL NEVER BE DEFEATED.”
“Education is an investment in future generations. Education is not a commodity but a human right.”
“The "rationale" by Danielle Smith, who hopped onto a plane to Saudi Arabia before final reading, does not hold water. Prior to the provincial bargaining model, there might be periodic labour disruptions in any of the 61 school boards...so inconvenience here and there - but not the full our provincial strike we just had - so her rationale is illogical. The not withstanding action signals the desire to attack unions and especially the ATA. Clear concise messaging that is accurate is necessary. This action is on top of years of underfunding, the rape of the teachers pension, a contested ideological curriculum change, refusal to work with the ATA on many areas. These are fricking elementary teachers...and about 75-80% of all teachers are FEMALE...so this is a gendered attack on rights as well. Here's a thought experiment...what IF in the 1950s and 1960s the oil patch was fully unionized???? Where would Alberta be now.”
“The "Notwithstanding" clause was not intended to allow a provincial government to browbeat teachers (or anyone else) and punish citizens for embracing moral standards higher than the government's own. No kings in the US; no queens in Alberta.”
“Dear Alberta Government,
The province-wide strike is a clear and urgent signal that our education system is in crisis. It reflects a deep failure to adequately support the teachers who nurture the minds and futures of our children.
It is heartbreaking to see Alberta (once known for its commitment to excellence) reduced to this situation. I urge you to prioritize education, to invest in our teachers, and to listen to their voices with respect and understanding. The less we support educators, the poorer the education our children will receive.
Teachers are not merely employees to be ordered around; Rather, they are professionals, mentors, and the backbone of our communities. Please act now to rebuild trust, restore dignity, and ensure that education remains a cornerstone of Alberta’s future.”
Rhiannon Rutherford
AUFA Governance Lead and Job Action Committee Chair