by Mark Sproxton
Northern News Services
NNSL (Jan20/97) - The Northwest Territories Teachers' Association is taking its beef with the territorial government's Public Service Act to the federal cabinet.
The union hopes to use a provision of the NWT Act to convince the federal cabinet to overturn changes made to the territorial Public Service Act made last February, said Pat Thomas (left), president of the teachers' association.
The NWT Act states: "Any ordinance or any provision of any ordinance may be disallowed by the Governor in Council at any time within one year after its passage."
"We're going to apply to the federal cabinet for disallowance," she said. "We have to do it before Feb. 21."
Changes to the Public Service Act were passed in the legislative assembly Feb. 21, 1996.
David Hamilton, clerk of the legislative assembly, said such a challenge of NWT legislation would be a first.
"There's never been an occasion where any of our acts or any portions of our acts have been disallowed," he said.
Thomas said: "If that isn't successful, we'll challenge it in court."
The teacher's moves don't end there, however.
The organization is also in the process of filing a grievance with the territorial government on behalf of teachers who have been denied vacation travel assistance money, Thomas said.
How many teachers have been denied travel assistance was still being calculated, she said.
The reason for the denials cuts to the heart of the dispute between the teachers and government.
The government believes the teachers' last contract has expired. It also believes conditions of the final offer made to the approximately 1,000 teachers in the union can be imposed on the teachers because of changes to the Public Service Act.
In December, the teachers voted 68 per cent against the contract that calls for wage and benefit cuts.
On the other hand, the teachers believe they are still operating under the provisions of the contract that expired Oct. 31, 1996.
"Our No. 1 goal is to return to the bargaining table and ensure the legislation is changed," Thomas said.
While the wrangling has remained outside of many teachers' homes for now, all will likely begin to feel the effects of the contract being imposed on them by next month, she said.
In early February, the government will begin taking back money for already-paid travel assistance and clawing back wages, she said.
"We've been informed they've initiated the changes," Thomas said. "I would expect that they would come apparent on the Feb. 7 paycheque."
A strike by the teachers is unlikely. All other methods will first be exhausted, Thomas said.
The association represents teachers outside of Yellowknife, where other contracts are in effect.