Can a school board fetter its statutory authority to transfer teachers pursuant to s. 83 of the School Act?
Alberta, Canada
The following excerpt is from Diederichs v. Alberta Teacher's Association, 1986 CanLII 1968 (AB QB):
It seems to me to be clear from the decision of Prowse, J., in Alberta Teachers Association v. Calgary School District No. 19 that a school board has no authority to fetter its statutory authority to transfer teachers pursuant to s. 83 of the School Act. The arbitration board adhered to that insofar as its function was concerned. Though that case dealt with specifying the number of days of school operation, the principle expressed is, in my view, sound.
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