This is a short reminder to our school board contacts about an often overlooked feature of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) – the assignment of formal powers and duties to the board of trustees itself…
Publication Name: School Board Update
Leaves of Absence, Procedural Matters and More
In this latest edition of our School Board Update, we are bringing you summaries of three recent cases which will be of interest. They deal with abuse of process at arbitration, entitlement of part-time and custodial employees to miscellaneous leaves, and the balancing of religious freedom with other statutory requirements…
Ontario Proposes Key Reforms to the Framework for Collective Bargaining in the Education Sector
Significant proposed reforms to the existing framework for collective bargaining in the education sector may change the way school boards and unions negotiate agreements – and could impact the outcomes achieved at the table. Find out what may be in store…
Arbitrator Rules That He Has No Jurisdiction Over ETFO Central Grievance Concerning Report Cards
In a significant decision, Arbitrator Hayes has concluded that, as a Central Arbitrator, he does not have jurisdiction under the central terms of the Elementary Teachers’ Federation of Ontario (ETFO) collective agreements to consider a grievance concerning a school board’s instructions to teachers regarding the preparation of report cards…
Arbitrator Orders New Sick Leave Provisions for ETFO Teachers
In an important interest arbitration award, Arbitrator William Kaplan accepted the proposal of the Ontario Public School Boards Association (OPSBA) and the Crown to add two specific sick leave provisions to the central terms of the Elementary Teachers Federation of Ontario (ETFO) teachers’ collective agreements…
Arbitrator Rules MOE Memo Restricting Payment of Post-Retirement Benefits Cannot Override Terms of Employment Contract
In Piddisi v Toronto Catholic District School Board, a decision released on June 7, 2016, Arbitrator William Marcotte awarded a retired Supervisory Officer (SO) formerly employed by the Toronto Catholic District School Board (TCDSB) damages for the TCDSB’s failure to pay premiums for post-retirement benefits…
Court Rules that Education Act Authorizes Payment of Post-Retirement Benefits to Retirees Over Age 65
The Divisional Court has ruled that two school boards have authority under the Education Act (Act) to…
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…