Legal News

Interim Order Issues on Teacher Supervision of FSA Tests

The BC Labour Relations Board has issued its reasons for decision in its recent interim order on teacher supervision of Foundation Skills Assessment (“FSA”) tests. Although, as the Board acknowledged, teachers had performed such work for years, the BC Teachers’ Federation (“BCTF”) argued that professional autonomy clauses in their collective agreement give teachers a right to refuse such work. The Board ruled that prima facie, teachers are required to supervise the tests when that work is assigned to them, and that the interim order preserves the status quo pending a final decision. The interim order requires BCTF to:
• suspend its direction to members not to supervise FSA tests and to take
any reasonable steps to communicate that suspension to its members; and
• cease and desist from authorizing or declaring its members not to supervise
FSA tests.
BCPSEA and Surrey School Board were represented by Harris & Company counsel.

(Click here for link to judgment)

(Click here for full text of interim order)