4 ❚ The ATA News , December 9, 2025
Breaking down the imposed settlement
Update on legal challenge
Mark Milne ATA News Staff
ATA News Staff
O n November 6, the AlbertaTeachers’Association (ATA) took a major step to restore the charter rights of teachers by filing an originating application with the Court of King’s Bench of Alberta. It challenges the lawfulness of Bill 2, the Back to School Act , which forced an abrupt end to Alberta teachers’ lawful strike. Interim injunction and constitutional challenge The originating application also serves as an application for an interim injunction, which could see Bill 2 set aside as the ATA’s legal challenge moves through the court system. If successful, the injunction would reset the clock to before Bill 2 was put into force. “The interim injunction would restore the membership’s previous legal environment,” said Sean Brown, chief negotiator and coordinator of Teacher Employment Services for the ATA. While this means teachers would once again have the right to take labour action, Brown noted that it would not mean teachers would immediately or automatically be back on strike. “Prior to October 27, we were in a legal strike position,” he said. “If that environment is restored, the ATA’s Provincial Executive Council (PEC) would be required to decide next steps.” Brown added that such decisions would depend on several factors. “The Association’s goal has never been to strike for the sake of striking; it was taking labour action to move the needle on the crucial issues of class size and complexity, as well as salary,” said Brown.“These decisions are about the ‘risk–reward’ calculus, and PEC is fully aware of those considerations.” Regardless of the outcome of the injunction, the constitutional challenge will go ahead, based on five main points—namely, that Bill 2 • violates the charter right to freedom of association (section 2(d)) by ending bargaining and the right to strike; • violates the charter right to freedom of expression (section 2(b)) by prohibiting strike-related communication; • uses section 33 (the notwithstanding clause) in an overly broad and improper way;
T he government’s passage of Bill 2, the Back to School Act , in late October not only required teachers to end their lawful provincewide strike but also set new terms and conditions of employment for all Alberta teachers, referred to by the ATA as a “legislatively imposed settlement” (LIS). The move marked a significant escalation in the ongoing labour dispute, as the government intervened directly in the bargaining process. This article reviews the settlement’s major provisions and what they mean for teachers. Not a true collective agreement Although the settlement uses the legal structure of a collective agreement, it • was previously rejected by 89.5 per cent of teachers, • was not reached through bargaining, • eliminated ratification rights, • suspended the right to strike, and • imposed terms by legislation instead of agreement. For these reasons, the ATA refers to it as a legislatively imposed settlement rather than a collective agreement. Of note, Bill 2 also freezes all local terms in every local collective agreement for the duration of the legislation, which is set to expire on August 31, 2028. Work is under way to incorporate legislatively imposed terms into currently frozen local terms, forming the 2024–28 legislatively imposed settlement for each bargaining unit. Members can reference the terms and conditions of their LIS agreements, 2020– 24 collective agreements and approved salary grid on the ATA website. Amalgamations will be posted The legislatively imposed settlement, effective from September 1, 2024 to August 31, 2028, includes the following provisions: 1. Salary adjustments • Three per cent increase to their local grid retroactive to September 1, 2024 • Three per cent increase to their local grid on September 1, 2025 • Movement to the unified salary grid (see below), which will see a three per cent increase on September 1, 2026 (except for five units: both Fort McMurray bargaining units, Fort Vermilion, Northland and Peace River, which will maintain their local salary grids and will have a three per cent increase) • Three per cent increase to the unified grid and to the grids of the five excepted bargaining units on September 1, 2027 2. Unified salary grid for each local as they are compiled. What teachers should know • On September 1, 2026, almost all divisions will move to the Grande Prairie Public salary grid. The Fort McMurray bargaining units and the Fort Vermilion, Northland and Peace River bargaining units will retain their current grids. 3. Substitute teacher changes • Retroactive three per cent increase to substitute daily rates for 2024/25 • Standardized daily provincial rate (effective 2025/26 the rate is $271 per day, with three per cent increases in 2026/27 and 2027/28 school years) and partial-day rates • Paid training provisions for substitute teachers (where they did not previously exist) 4. Letters of understanding • Recruitment of teachers (1,000 new teachers per year for three years)
ADOBE STOCK
• violates section 28, which protects gender equality, given that more than 75 per cent of Alberta teachers are women; and • attempts to remove the courts’core constitutional role under section 96 of the Constitution Act . “First and foremost, this challenge is about teacher bargaining and the ability of teachers to exercise their constitutionally protected right to go on strike,” said Brown. “This bill, and the invocation of the notwithstanding clause, puts into question the validity of all workers’bargaining rights if a government can, with the stroke of a pen, dismiss them.” Current status The file is now being handled by a case management justice, meaning a single judge oversees all aspects and scheduling of the challenge. The ATA sees this as a positive indication that the matter is a priority and that the process will move forward in a clear and efficient manner. Justice Mah has already approved the litigation plan for the injunction that outlines the necessary steps leading up to the hearing. The injunction application will be heard in the first week of March 2026. Leading up to the court date, both sides may submit evidence, expert reports and legal briefs, and take part in cross-examinations of affidavits.These steps are typical in constitutional litigation. Once the injunction is heard, the court will then proceed to schedule the full hearing on the constitutional challenge. Updates will be shared with members as information becomes available.
RED FOR ED
At CTF/FCE’s National Staff Conference on Nov. 21, colleagues from across Canada wear red in solidarity with The Alberta Teachers’ Association as they fight for improved classroom conditions for students and teachers! À la Conférence nationale pour le personnel de la CTF/FCE, des collègues de tout le Canada porteront du rouge pour témoigner leur solidarité à l’ATA, qui se bat pour améliorer les conditions de travail des enseignant es et les conditions d’apprentissage des élèves !
• Northern and remote allowances • Concurrent experience trial process Learn more
Additional information on the implications of Bill 2 and the provisions under the legislatively imposed settlement is available on the ATA website (www. teachers.ab.ca). For further information or assistance, please contact Teacher Employment Services at 1-800- 232-7208.
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