October 2008

Dear Associate Member;

It is our understanding that the Dean of the Faculty of Education at Brandon University has encouraged you to go to the school where you were to be placed during the Brandon University Faculty Association strike. Accordingly, the Manitoba Teachers' Society wants you to be aware of the information we have provided to the Dean and to our other members in relation to your status and the rights of our other members during this difficult period.

The Society believes that a fundamental requirement of the teacher certification process is that students receive supervised teaching experience. As you know, supervision during the student teaching process is provided by persons appointed by the Faculty of Education. If such supervision is not available during the strike, then even though our members will admit you and other such students to their classroom as required by s. 96 of The Public Schools Act, it is the Society's view that without appropriate supervision you would not be functioning as student teachers. Therefore, without supervision from a Faculty advisor you would not be able to perform the usual functions of student teachers.

The Society has advised its members (both principals and cooperating teachers) that although they cannot refuse to accept student teachers into their classrooms-and in fact are required to do so by legislation-they have the right as individual employees to refuse to perform any function normally performed by the faculty advisor. Faculty advisor functions may include, but are not limited to, supervising the program, evaluating the student teacher, and communicating directly with the University.

We have made it clear that Cooperating Teachers normally restrict themselves to welcoming the student to the classroom, giving the student opportunities to instruct, and coaching the student when they instruct. Principals normally restrict themselves to arranging for students to work with cooperating teachers. Generally speaking, any other duties are the responsibility of the Faculty advisor.

Further we have told our members that they have certain rights under The Labour Relations Act. Any teacher or school administrator who refuses to perform the work of another employer (Brandon University) whose employees (BUFA) are on a legal strike would not be in breach of the Association's collective agreement or any term or condition of their employment. However, this right can only be exercised by the member on his or her own initiative.

Therefore, in the circumstances, students who choose to be in schools would simply be classroom volunteers if teachers or administrators decide to exercise their rights under The Labour Relations Act. Any such volunteerism should be solely at the discretion of the student and you and any of your colleagues, of course, should not feel compelled to provide such voluntary service.

During the time period that you may be acting as student volunteers, you would not be members of the Society and thus would not have coverage under the Society's liability insurance, although the School Division's policy may cover your activities in the school should you decide to attend there. However, each student should be advised to check with the School Division to which they are assigned to determine what coverage they have. In addition, any other services normally provided by the Society for student teachers during a teaching practicum would also not apply.

As a member of the broader labour movement in this country we believe that it is important to take unified action, where possible, to support the constitutionally protected collective bargaining rights of our sisters and brothers in the labour movement and we must ensure that the rights of all our members are known and balanced in relation to any decision that we make.

If you or your Cooperating Teachers have concerns, please contact Diane Beresford at the Society (contact information below) for further information about any of your rights and obligations under The Labour Relations Act and The Public Schools Act.

Yours in solidarity

Pat Isaak President

PI/jm

Contact information for Diane Beresford, Assistant General Secretary Phone: 1-800-262-8802, ext. 223 E-mail: dberesford@mbteach.org