In February 1998, the NDP government and PSEC again bypassed BCPSEA, this time negotiating directly with BCTF and without the knowledge or participation of BCPSEA.
(174) One of the BCPSEA negotiators recalls that the government had invited BCPSEA representatives to attend a meeting in Victoria that day and, just before the meeting, BCPSEA'S Executive Director received a phone call telling him that there had been an announcement on the news that PSEC and BCTF had an agreement.
(178) In contrast, BCPSEA opposed the AIC and urged school districts to reject the agreement.
In February 2001 BCTF and BCPSEA signed an amended MOA incorporating class size provisions for kindergarten to grade three into the existing collective agreement.
Bargaining began in March 2001, and BCPSEA'S negotiating position was shaped by its view that it needed to restore flexibility and discretion for school boards that had been removed by the two earlier bargains with the NDP government.
(191) In January, BCTF filed an LRB complaint, charging BCPSEA and the government with bad faith bargaining.
BCPSEA'S bargaining strategy during this round had been influenced by its discovery that there was strong support within the government to statutorily remove class size, composition and non-enrolling ratios from the scope of bargaining.
(214) BCPSEA's position was that it could not negotiate matters removed from bargaining by Bill 28.
Frustrated with BCPSEA's refusal to negotiate excluded matters, by September 2005 BCTF was seeking parallel discussions with government about working and learning conditions, rather than trying to return these matters to the bargaining table.
(221) Again BCPSEA applied for essential service restrictions.
(230) BCPSEA pursued civil contempt proceedings, resulting in a $500,000 fine against BCTF.
Within a few days, the government, BCPSEA and BCTF had accepted his recommendations and teachers were back in their classrooms, with negotiations slated to resume that spring.