On March 5, 2021, Arbitrator Susan Stewart released an award (Award) between the Hamilton Wentworth District School Board (Board) and ETFO dealing with preparation time (prep time) for remote learning elementary teachers in its virtual classes during the current 2020-21 school year. The grievance alleged that the Board had failed to provide prep time in…
Insights
School Board Update
For 20 years, beginning in 1997, school boards and teachers’ federations agreed that class size limits pertaining to elementary school students needed to be met only by and on a “determination date” identified in the first half of the fall term. Following the negotiation of its 2017 Extension Agreement and an associated Letter of Commitment from the Crown, the Elementary Teachers’ Federation of Ontario (ETFO) challenged this mutual understanding in two related arbitrations. Two arbitration awards and one judicial review later, the issue has now been definitively resolved – in favour of the school boards’ interpretation and the continuation of the historical compliance system.
FTR Now
In a decision dated April 17, 2018, the Divisional Court has invited arbitrators to reject the so-called “void ab initio” doctrine that in the past has often resulted in discipline imposed by management being rendered null and void due to the breach of a sunset clause or other similar provisions. Learn more in this FTR Now.
School Board Update
In an arbitration award released on October 13, 2017, Arbitrator Russell Goodfellow dismissed a grievance brought by the Ontario English Catholic Teachers’ Association (OECTA) concerning the scheduling of breaks accorded to Designated Early Childhood Educators (DECEs) under the Canadian Union of Public Employees (CUPE) support staff collective agreements applicable to them. Arbitrator Goodfellow declined to follow the controversial path taken by Arbitrator George Surdykowski in a 2014 decision involving the Windsor-Essex Catholic District School Board (Surdykowski Award) and has established a very useful precedent for school boards to employ. In this School Board Update, we review this important award.
School Board Update
In Piddisi v Toronto Catholic District School Board, a decision released on June 7, 2016, Arbitrator William Marcotte awarded a retired Supervisory Officer (SO) formerly employed by the Toronto Catholic District School Board (TCDSB) damages for the TCDSB’s failure to pay premiums for post-retirement benefits…
FTR Now
In three decisions released in late January, 2015, the Supreme Court of Canada has once again revisited, and expanded, the reach of section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter“), which guarantees “freedom of association”. In two cases involving the RCMP, the Court held that the unique bargaining scheme imposed on…
School Board Update
Bill 122 Passes Third Reading and Receives Royal Assent
· 11 min readBill 122, the School Boards Collective Bargaining Act, 2014 (“SBCBA“), passed third reading on Tuesday, April 8, 2014 and received Royal Assent on Wednesday, April 9, 2014. It now awaits proclamation by the Lieutenant Governor. Our School Board Update of October 24, 2013 described the Bill in considerable detail. In this School Board Update, we…
School Board Update
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 Update
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…
School Board Update
On September 26, 2012, the Ontario Minister of Finance announced draft omnibus legislation, the Protecting Public Services Act, 2012 (the “Draft Bill”), that would, if enacted, implement new compensation restraint measures for the Broader Public Sector (“BPS”) and would impose a significant new provincially mandated collective bargaining regime. At first glance, the Draft Bill may…
School Board Update
On August 16, 2012, the Ontario government announced its intention to introduce the Putting Students First Act (the “Bill”). If passed, this legislation would, among other matters, establish unprecedented controls on current school board collective bargaining, freeze current teacher salary grids, require the radical alteration of existing sick leave and retiring gratuity plans, permit regulations…
FTR Quarterly
2012 Summer Edition
· 1 min readFOCUS ON RIGHTS Charter rights – three decades later LEGAL DEVELOPMENTS Freedom of association under the : snake or tree? Pensions poised to take a leading role in employee terminations PROFILE The spice of life Download PDF
School Board Update
In our School Board FTR Now of January 31, 2011, we traced a series of disappointing arbitration decisions concerning the issue of “prep time payback”, the supposed obligation of school boards to reschedule prep time periods that are “missed” due to mandatory professional development activities, the monitoring of EQAO testing, the participation at the direction…
School Board Update
School Board Update – The Prep Time Payback Saga
· 10 min readSchool boards will recall that the topic of “missed preparation time” was addressed in the 2009 Provincial Discussion Table (“PDT”) negotiations. This led to provincial template language that stated “missed preparation time shall only be re-scheduled where a teacher is required by the principal to provide instruction during his or her scheduled preparation time for…
School Board Update
On April 27, 2010, Bill 242 (the legislation associated with the Government’s Early Learning Program, or “ELP”) carried at Third Reading. It is expected to receive Royal Assent shortly, and will come into force on a date to be named by proclamation of the Lieutenant Governor. Bill 242 was considered by the Standing Committee on…
FTR Quarterly
2010 Winter Issue
· 1 min readLEGAL DEVELOPMENTS Labour law and the freedom of association FOCUS ON CONSTRUCTION The long reach of construction A good constitution PROFILE Hicks Morley lawyers lead the class Download PDF
School Board Update
In our January 12, 2010 School Board Client Update, we discussed the Early Learning Program (ELP), which is the governments plan to implement full day early learning for four- and five-year-olds in Ontario. On February 17, 2010, the government introduced Bill 242, the Full-Day Early Learning Statute Law Amendment Act, 2010, which amends provisions of…
School Board Update
Impending Changes to Governance under Education Act
· 3 min readOn November 17, 2009, Bill 177, the Student Achievement and School Board Governance Act, 2009, was reported as amended by the Standing Committee and was ordered for Third Reading. Debate on a Bill is limited at Third Reading and no amendments to its text may be moved at this stage. Therefore, it is likely that…
School Board Update
School Board Update
· 16 min readIN THIS ISSUE EFTO Bargaining Support Paid Religious Leave Management’s Rights Job Qualifications of Teachers Union Dues Trustee Conflict of Interest Damages for Maximum Class Size Violations Access to Adverse Reports Workers’ Compensation Claims and the Human Rights Code ETFO BARGAINING SUPPORT Public district school boards have less than a month in which to reach…
School Board Update
School Board Update
· 21 min readIN THIS ISSUE Hicks Morley Negotiation Support Services Human Rights Tribunal of Ontario Defers to Special Education Tribunal Occasional Teacher Timetables Duties of Principals Burden of Proof in Discharge Cases Accommodation of Religious Holidays TPA Arbitration and Motion for Non-Suit School Security and Office Staff HICKS MORLEY NEGOTIATION SUPPORT SERVICES Did you know that more…