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…

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…

PSFA Regulations Filed (Hiring Practices and Sick Leave Provisions 2012-2013)

On September 12, 2012, sections 1 through 19 (inclusive) and 21 of the Putting Students First Act, 2012 (”PSFA”) were proclaimed in force. The restraint period applies retroactively, as outlined in the Act. On that date, the Ontario government filed a new regulation under the Education Act with respect to hiring practices. It is important…

New PSFA Regulation Filed – Deductions From Wages

On September 21, 2012, the Ontario government filed a new regulation under the Putting Students First Act, 2012. O. Reg. 282/12 (Orders to Reimburse Boards – Deductions From Wages) applies with respect to the deduction, under subsection 9 (6) of the PSFA, from an employee’s wages for amounts the employee is required to reimburse to…