Last month, the British Columbia Supreme Court (“BCSC” or “Court”) released the latest in a series of cases dealing with collective bargaining and the right to freedom of association as guaranteed by section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter“). This 683-paragraph decision follows a previous decision of the BCSC dated April…
Industry: School Boards
Recent Award on DECE Breaks: Implications for School Boards
In an arbitration award released on January 17, 2014, Arbitrator George Surdykowski ruled that Designated Early Childhood Educators (“DECEs”) may not be scheduled to take breaks during the instructional day “unless appropriate and permissible replacement arrangements are made”. The Award makes it clear that such “arrangements” must involve the scheduling of a “replacement DECE” so…
School Board Client Update
The following represents a few notable decisions made by the Ontario Labour Relations Board, the Human Rights Tribunal of Ontario and arbitrators in 2013 that are relevant to school boards in Ontario. FACEBOOK POSTING BY TEACHER WARRANTS DISCIPLINE In Ontario Secondary School Teachers’ Federation and Simcoe County District School Board, 2013 CanLII 62014 (CanLII), the…
2013 School Board Management Conference
As in past years, our 2013 School Board Conference will cover a wide variety of topics relevant to Directors of Education, Trustees, Supervisory Officers and Human Resources Practitioners. We will take you first on a “whirlwind tour” of recent developments in labour and education law. This will be followed by two plenary sessions on critical…
Ontario Government Proposes Central Bargaining for School Boards
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
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…
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…