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…
Practice Area: Labour Relations
Arbitrator Upholds Right of Fire Department to Alter Service Levels During Statutory Freeze
On November 8, 2010, Arbitrator Chauvin issued a significant award which confirmed a fire department’s right to manage its operations by determining staffing levels. Arbitrator Chauvin also concluded that the statutory freeze imposed by the Fire Protection and Prevention Act, 1997 (“FPPA“) preserved this right and permitted the City to make changes to service levels…
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…
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…
The GTAA Decision: The Principles Relevant to Employers
Earlier this year, Arbitrator Owen Shime issued an award which has garnered much attention on account of the amount of damages assessed against the Greater Toronto Airport Authority (GTAA) for the wrongful termination of an employee who had been on sick leave. However, the greater potential significance of this award is found in its articulation…
Hicks Morley Introduces Legislative Update Blog
Hicks Morley is pleased to announce the launch of Human Resources Legislative Update, a blog designed to provide human resources professionals with timely information about developments in a range of employment-related areas. In this FTR Now, we highlight the features of this new service. To access the blog click here. BACKGROUND Since 1997, Hicks Morley…
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…
School Board Update – Bill 242 Carried at Third Reading
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…
Ontario Court Limits Number of Picketers
In a decision released March 24, 2010, the Ontario Superior Court imposed significant restrictions on picketing activities taking place at Vale’s Sudbury premises. Three valuable points emerge from this decision. First, the Court has sent a clear message that it will not tolerate flouting of the law, which in this case was four prior court…