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BCTF urges mediator to resign

Teachers say Dr Jago is not as impartial as he should be

Dissatisfaction has surfaced from British Columbia Teachers’ Federation (BCTF) who filed last week for the removal of appointed mediator Dr. Charles Jago.

BCTF president Susan Lambert sent a letter to Jago on April 2 requesting that he withdraw as mediator in the contract dispute between BCTF and BC Public School Employers’ Association (BCSPEA). Jago is getting paid $2,000 for a position, Lambert said in the letter, for which he is not qualified.

“The BCTF’s position is that a mediator appointed by the minister must have appropriate labour relations expertise, be generally recognized in the labour relations community as a mediator and be acceptable to both management and labour. You have advised us you do not have such qualifications.”

While BCTF claimed Jago also helped draft Bill 22, BC Education Minister George Abbott told reporters on April 4, “that is absolutely incorrect. If the TF is operating on that premise, it’s a faulty premise.”

The letter was on the Langley Teachers’ Association blog for a brief period on April 3 before being mysteriously removed and then released publicly on April 5. From the time Jago was appointed on March 28, BCTF has voiced concerns regarding his impartiality in the dispute. He has admitted he has no mediating experience but called it “a new approach” by the government.

Lambert told Jago in the letter to give BCTF his decision by Wednesday, April 4. In a responding letter, Jago reassured BCTF he is indeed impartial as required.

“From the outset,” he wrote, “I have been clear that I will be fair and balanced in mediating this dispute. I have committed to both you and the government that I will exercise my independence as mediator pursuant to the terms of Bill 22.”

Cathy Fisher, president of Powell River and District Teachers’ Association, said Jago is too close to the government for BCTF’s comfort.

“Minister Abbott has been saying it’ll be someone impartial and [Jago] himself admits he hasn’t been impartial,” said Fisher. “He has ties with the Liberal government, he’s done work for the government before; he’s aligned with Thomas Fleming, who’s written that book about BCTF and interactions with the government.”

Controversy was stirred when two $500 donations from Jago to the Liberal party came to light. Jago claimed the money was to pay for a foursome to play in a golf tournament. BCTF is also upset about the fact Jago was offered the position a month before BCTF was told to put names forward.

“You advised us that you were approached about your appointment in early February 2012 and tentatively accepted the appointment at that time. The BCTF is particularly troubled by this,” the letter stated.

On Thursday, April 5, BCTF filed an application for the removal of Jago, claiming he is biased. Abbott continues to defend the appointment of Jago. In the BCTF’s letter, Lambert said the 2006 discussion paper Jago prepared for the government “reached conclusions which demonstrate acceptance of the government and the BCSPEA regarding the matters set out in section 6c of the Education Improvement Act.”

Lambert said in the letter the paper was not sent to BCTF to be reviewed or commented on and there are “unquestionable errors of fact” in it.

“Dr. Jago, the BCTF appreciates your candour, and accepts that you believe that you will be impartial in your role as mediator,” wrote Lambert. “However, the BCTF has concluded that all of these factors create an apprehension of partiality. From the BCTF’s perspective, your continuation as mediator will undermine teachers’ confidence in what is already viewed as an unfair and tolled process of mediation.”

BCTF expects arguments will be heard this week by BC Labour Relations Board.