The BC Teachers Federation has won its appeal of an abritrator’s ruling dating back several years.
At issue is a decision concerning class size limits, which are spelled out in the BC School Act.
In both 2009 and 2011 an arbitrator created the so-called “Rule of 33” which allowed exceptions to class size limits in certain cases, where principals and superintendents agreed.
But the BC Court of Appeal says the arbitrator was not allowed to “create” new rules, just interpret the legislation.
BC’s highest court also ruled the burden of proving class sizes are justified are with the employer, not the union.
The ruling only impacts grievances filed after September 10th of 2010.
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