The Divisional Court has ruled that two school boards have authority under the Education Act (Act) to…
Publication Name: School Board Update
Ontario Court Rules Putting Students First Act is Unconstitutional
The Ontario Superior Court of Justice declared the Putting Students First Act (PSFA) unconstitutional in its decision OPSEU v. Ontario. The PSFA was repealed in 2013 and the remedy for the constitutional breach has not yet been determined…
In Camera Deliberations of Teacher Dismissal can be Subject of Testimony, Supreme Court of Canada Rules
On March 18, 2016, the Supreme Court of Canada issued Commission scolaire de Laval v. Syndicat de l’enseignement de la région de Laval (“Laval”), a significant decision on whether a union can subpoena members of a school board’s executive committee to testify about their in camera deliberations regarding a teacher’s dismissal…
Arbitrators Consider Whether Statutory Freeze Applies to MOU Provisions
In an award dated July 30, 2015 [1] (“CSDCEO Award”), Arbitrator Rowan held that the 97-day delay in salary grid movement for teachers, imposed in various teacher collective agreements by a centrally agreed Memorandum of Understanding (“MOU”), was subject to the statutory freeze in the Labour Relations Act, 1995 (the “LRA”). Therefore, the provision could not…
OSSTF Found to Have Engaged in Unlawful Local Strikes
In its decision released on May 26, 2015, the Ontario Labour Relations Board (the “OLRB”) ruled that the ongoing Ontario Secondary School Teachers’ Federation (“OSSTF”) teacher strikes occurring at the Durham, Peel and Rainbow District School Boards were unlawful. This conclusion was reached on the basis that the scheme of the School Boards Collective Bargaining…
Province Introduces Back-to-Work Legislation
On May 25, 2015, the Ontario government introduced Bill 103, the Protecting the School Year Act, 2015. Bill 103 is back-to-work legislation intended to bring an end to ongoing strikes at three school boards – the Durham District School Board, the Peel District School Board and the Rainbow District School Board (collectively, the “School Boards”)….
OLRB Refuses to hear CUPE Job Security Complaint
In a significant unfair labour practice case, Canadian Union of Public Employees v. Algoma District School Board, the Ontario Labour Relations Board (“OLRB”) held that CUPE’s complaints regarding the alleged alteration of employment terms by ten school boards during the statutory freeze period had to proceed through local grievance and arbitration procedures, rather than as an…
Arbitrator Rules that Collective Agreements Include Memoranda of Understanding
Arbitrator George Surdykowski has rendered a significant award in which he concludes that the Memorandum of Understanding (“MOU”) between the Ontario English Catholic Teachers’ Association (“OECTA”) and the Ontario Government formed part of a school board’s 2012-14 collective agreements with OECTA. This award addresses an outstanding issue about the status of the collective agreements imposed…
Bill 122 Passes Third Reading and Receives Royal Assent
Bill 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…
Arbitrator’s Remedy Includes Waiver of Sunset Provision
In Canadian Office & Professional Employees Union, Local 529 v Nipissing-Parry Sound Catholic District School Board, Arbitrator Jesin provided an interesting alternative to a simple “reinstatement without compensation” order, one that reflected the concerns of both the school board and the union. In this case, an educational assistant (“EA”) was dealing with a kindergarten student…