School Board Update – ECE Representation Disputes: OLRB Sidesteps Arbitration Award

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…

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”),…

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…

School Board Update – Provincial Interest Regulation Now In Effect

Overview of the PIR The Ministry of Education filed its long-awaited Provincial Interest Regulation (PIR) on February 26, 2010 and the PIR is now in effect. It is intended to strengthen the accountability of school boards for student achievement and well-being. Most notably, the PIR allows the Minister of Education to intervene in the affairs…

School Board Update – Bill 242, The Full Day Early Learning Statute Law Amendment Act: The Legal Framework for the Early Learning Program

In our January 12, 2010 School Board Client Update, we discussed the Early Learning Program (“ELP”), which is the government’s 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 – Ontario’s 2010 Early Learning Program: Bracing for the Fallout

When was the last time your Board was involved in the legal “ins and outs” of a hotly contested certification drive before the Ontario Labour Relations Board? Ontario’s newly announced Early Learning Program could well provide you with an opportunity in the coming year. In this School Board Update, we discuss the ramifications and new…

School Boards Exposed To Construction Collective Agreements

In a recent decision, the Ontario Labour Relations Board (“OLRB”) held that key non-construction employer provisions of the Ontario Labour Relations Act, 1995 (the “Act”) were unconstitutional.  In this FTR Now, we discuss how the decision could have an impact on school boards’ ability to tender construction work. Background The construction industry labour relations regime…

MOL to Target Slips, Trips and Falls in a School Board Safety Blitz

The Ministry of Labour (“MOL”) has announced a series of safety blitzes scheduled for November of 2009 that will target slips, trips and falls (“Falls”), and that may affect your schools. Inspectors will visit schools to discuss Falls and to review plans to prevent Falls, particularly in parking lots [1], and will focus on assessing…