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…
Publication Name: School Board Update
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…
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…
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…
OLRB Dismisses Duty of Fair Representation Applications Against OECTA
On February 26, 2013, the Ontario Labour Relations Board (“OLRB”) released a decision dismissing four different duty of fair representation applications filed by members and local leaders of the Ontario English Catholic Teachers’ Association (“OECTA”) against OECTA relating to OECTA’s negotiation of its Memorandum of Understanding dated July 5, 2012 with the provincial government (“MOU”)….
Arbitrator has no Jurisdiction Under OECTA MOU in Absence of Renewal Collective Agreement
On November 23, 2012, Arbitrator Kevin Burkett issued a significant award in which he found he had no jurisdiction to determine a grievance under the Memorandum of Understanding (“MOU”) entered into by the Ontario English Catholic Teachers Association (“OECTA”) and the Ministry of Education in July 2012. The grievance was brought by OECTA against the…
The Proposed Protecting Public Services Act Would Significantly Change Terms and Conditions of Employment for Directors, Superintendants and Senior Board Officials
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…
Ontario to Introduce Sweeping Legislation Concerning School Board Bargaining
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…
Prep Time Payback – The Last (Good) Word?
School board labour relations practitioners will recall the efforts made by OPSBA in its 2009 PDT negotiations with ETFO to ensure that public school boards would not be obliged to reschedule preparation time that was missed due to such factors as board-imposed professional development held during the instructional day. The OPSBA/ETFO language stated: Missed preparation…