Industry: School Boards

Ontario Government Proposes Central Bargaining for School Boards

· 13 min read

The Ontario government has introduced legislation that would, if passed, provide for central bargaining for school boards – a significant departure from how collective bargaining has historically occurred in the sector. Bill 122, the School Boards Collective Bargaining Act, 2013, was introduced at First Reading on October 22, 2013, and will now undergo consideration by…

Concerted Withdrawal of Voluntary/Extracurricular Activities by Teachers Declared an Unlawful Strike

· 10 min read

In a landmark ruling, and after much anticipation, the Ontario Labour Relations Board (“OLRB”) has finally rendered its decision in the longstanding debate about whether the withdrawal, in combination or in concert, of participation in voluntary extracurricular activities by teachers constitutes a “strike” within the meaning of the Education Act. In this FTR Now, we…

OLRB: Withdrawal of Extracurricular Activities Constitutes an Unlawful Strike

· 2 min read

Today, the Ontario Labour Relations Board (“OLRB”) rendered Trillium Lakelands District School Board and Upper Canada District School Board v. Elementary Teachers’ Federation of Ontario, a significant decision in which it found the withdrawal of extracurricular activities by the Elementary Teachers’ Federation of Ontario (“ETFO”) constituted an unlawful strike according to the definition set out…

HRTO Orders Reinstatement of Employee Who Was Terminated Almost a Decade Earlier

· 1 min read

In a sweeping remedial decision, the Human Rights Tribunal of Ontario ordered reinstatement of a non-union employee who was terminated from her employment almost a decade earlier, as well as other remedies such as payment of back wages, as adjusted. In so ordering, the Tribunal explicitly stated that where an employer fails in its duty…

HRTO Renders Significant Remedies Decision

· 2 min read

In the recent decision of Fair v. Hamilton-Wentworth District School Board, a non-union employee was reinstated to employment with back pay, despite having been away from the workplace for nearly a decade. The Human Rights Tribunal of Ontario explicitly rejected the employer’s argument that it would be unfair to order reinstatement in light of the…

OLRB Dismisses Duty of Fair Representation Applications Against OECTA

· 3 min read

On February 26, 2013, the Ontario Labour Relations Board (“OLRB”) released a decision dismissing four different duty of fair representation applications filed by members and local leaders of the Ontario English Catholic Teachers’ Association (“OECTA”) against OECTA relating to OECTA’s negotiation of its Memorandum of Understanding dated July 5, 2012 with the provincial government (“MOU”)….

BYOD Policy – Charting A Good Path To Higher Ground

· 6 min read

The desire to use personal mobile devices to undertake work has risen like the incoming tide. Employers must make a choice: turn the tide on the use of personal devices by re-enforcing an outright ban or chart a thoughtful path to higher “Bring Your Own Device” or “BYOD” ground. Employers that do neither will sink…

Non-Construction Employers and the Construction Industry Provisions of the Labour Relations Act

· 1 min read

Employers that are bound to a construction collective agreement and that do not operate within the construction industry find themselves, from time to time, involved in some kind of construction activity. It is important that these employers are aware that in certain cases, their construction activities may keep them within the construction industry provisions of…

Arbitrator has no Jurisdiction Under OECTA MOU in Absence of Renewal Collective Agreement

· 4 min read

On November 23, 2012, Arbitrator Kevin Burkett issued a significant award in which he found he had no jurisdiction to determine a grievance under the Memorandum of Understanding (“MOU”) entered into by the Ontario English Catholic Teachers Association (“OECTA”) and the Ministry of Education in July 2012. The grievance was brought by OECTA against the…