In York Region District School Board, the Ontario Labour Relations Board (“OLRB”) considered an application for certification by the Elementary Teachers’ Federation of Ontario (“ETFO”) to represent the Board’s designated early childhood educators (“DECEs”). In this case, an arbitrator had already determined that the Board’s DECEs were included in an office, clerical, technical and educational…
Industry: School Boards
ECE Representation Disputes: OLRB Rules on Appropriate Venue
In a decision dated November 9, 2010, the Ontario Labour Relations Board (“OLRB”) considered the impact of an ongoing arbitration proceeding on an application for certification by the Elementary Teachers’ Federation of Ontario (“ETFO”) to represent designated early childhood educators (“DECEs”) at the District School Board of Niagara. The Canadian Union of Public Employees (“CUPE”),…
Municipal Elections 2010: Employers’ Obligation to Provide Paid Time Off to Vote
Province-wide municipal elections will be held on October 25, 2010, and voting hours will run from 10:00 a.m. to 8:00 p.m. Under the Municipal Elections Act, 1996, all employees who are eligible to vote in the election are entitled to three consecutive hours during voting hours on election day to cast their vote. To be…
Interest Arbitrator Awards Wage Increase to Unionized Nursing Home Employees
On September 15, 2010, Arbitrator Jesin released an interest arbitration award in which he awarded a 2% wage increase to unionized nursing home employees. In his reasons, he considered both the Ontario government’s March 2010 Budget and its subsequent directive that, as collective agreements are renegotiated, the government’s transfer payment partners and the corresponding bargaining…
Ontario Government’s March 2010 Budget Directions Considered at Interest Arbitration
Recently, Arbitrator MacDowell released an interest arbitration award involving SEIU Local 2 and Sunnybrook Health Sciences Centre that considered the impact of the Ontario government’s 2010 Budget directions on collective bargaining. This award is the first of a number of expected interest arbitration decisions addressing the government’s new fiscal directive. We discuss the decision and…
2010 Summer Issue
LEGAL DEVELOPMENTS Student Communication Through Social Media – The Struggle to Define Misuse “Stress” Leave – The Legal Framework FOCUS ON SCHOOL BOARDS Tales Out of School PROFILE Making School a Priority Download PDF
Consultations on Public Sector Compensation Begin
On July 20, 2010, the Ontario government initiated a consultation process designed to address upcoming compensation negotiations for “bargaining” employees not caught by the Compensation Restraint Act. In this FTR Now, we discuss the potential implications of this process for public sector employers. BACKGROUND In March, as part of its 2010 Budget, the government introduced…
Government Institutions Should Take Note of a Recent Supreme Court of Canada Case on Access to Government Information
On June 17th, the Supreme Court of Canada issued a significant judgement on access to government information. In Ontario (Public Safety and Security) v. Criminal Lawyers’ Association, 2010 SCC 23 (CanLII) (the “CLA” case), it held that the Canadian Charter of Rights and Freedoms (the “Charter“) gives the public a limited right of access to…
An Educator’s Guide to Special Education Law, Second Edition
This book provides a complete and comprehensive account of the legal and administrative issues arising from the special education process. It details changes to the Ontario Human Rights Code and the Education Act and how the changes impact upon educators. It also updates case law generated by the courts, the Special Education Tribunal and the…
School Board Update – ETFO Organizing Campaign
As you know, the Ministry of Education’s Early Learning Program requires boards to hire designated early childhood educators (“DECEs”) to work alongside teachers in delivering the Program to junior kindergarten and kindergarten pupils. The Elementary Teachers’ Federation of Ontario (“ETFO”) has recently made it clear that it will seek to represent the designated early childhood…