Legislature Expresses Interest in Government Presenting Mandatory Retirement Legislation for Firefighters

On March 10, 2011, a private member’s motion calling upon the Ontario government to introduce legislation allowing for the mandatory retirement of firefighters involved in fire suppression duties at age 60 was passed in the Legislature. While there is no indication at this time as to whether the government will propose such legislation, the motion…

TTC “Essential Service” Legislation Passes Second Reading, Referred to Committee

On March 8, 2011, Bill 150, the Toronto Transit Commission Labour Disputes Resolution Act, 2011, carried at Second Reading and was ordered referred to the Standing Committee on General Government. As previously reported, Bill 150 is proposed legislation that would designate the Toronto Transit Commission an essential service and provide for binding arbitration by a…

TTC “Essential Service” Legislation to be Introduced

On February 22, 2011, the Ontario government announced plans to introduce the Toronto Transit Commission Labour Disputes Resolution Act, 2011, legislation designating the Toronto Transit Commission an essential service. The legislation, if passed, would provide for binding arbitration by a neutral third party where a collective agreement cannot be reached through bargaining, effectively banning strikes…

School Board Update – The Prep Time Payback Saga

School 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…

Responding to Disclosure Demands at the Bargaining Table: Employer Rights and Obligations

Many Social Services organizations will be negotiating for the renewal of their collective agreements in 2011. Some of our clients have advised us that they have received broad disclosure requests from unions well in advance of actual bargaining. These requests are very similar to requests a number of Social Services organizations received in early 2009….

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…