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…
Industry: School Boards
Michael Hines Interviewed by Ontario Morning on CBC Radio
Hicks Morley’s Michael Hines was interviewed by Ontario Morning on CBC Radio on April 12, 2013, regarding a significant decision by the Ontario Labour Relations Board in which it found the withdrawal of extracurricular activities by the Elementary Teachers’ Federation of Ontario constituted an unlawful strike according to the definition set out in the Education…
Michael Hines Mentioned in The Globe and Mail
Hicks Morley’s Michael Hines was mentioned in the April 11, 2013 edition of The Globe and Mail in an article entitled, “Ontario teachers’ union call to halt voluntary activities was illegal strike action: labour board.“ The article discusses a recent decision by the Ontario Labour Relations Board where it was decided that the Elementary Teachers’…
OLRB: Withdrawal of Extracurricular Activities Constitutes an Unlawful Strike
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
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
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
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”)….
Michael Hines Quoted in the Toronto Star
Hicks Morley’s Michael Hines was quoted in the January 29, 2013 edition of the Toronto Star. In an article entitled, “Lawyer warns of consequences on students of ‘work-to-rule’ by teachers,” Michael comments on the bulletins the Elementary Teacher’s Federation of Ontario has sent out directing teachers not to fulfill an array of duties beyond teaching….
Michael Hines Mentioned in the Toronto Star
Hicks Morley’s Michael Hines was mentioned in the February 6, 2013 edition of the Toronto Star in an article entitled, “Ontario teacher turmoil: School boards’ points to studies that show benefits of extracurriculars.” The article provides details regarding a hearing at the Ontario Labour Relations Board during which Michael asked the Board to look at…
Michael Hines Quoted in The Globe and Mail
Hicks Morley’s Michael Hines was quoted in the January 29, 2013 edition of The Globe and Mail. In an article entitled, “Teachers are using children’s activities as ‘political tool’: school board lawyers“, Michael comments on directives from the Elementary Teachers’ Federation of Ontario which have instructed teachers to stop leading sports teams or attending field…