Tag: Collective Agreement

Arbitrator Finds Co-ordinator Duties Should Be Considered in Assessing Whether a Professor Has Sessional Status

· 4 min read

An arbitration award in St Lawrence College and OPSEU Local 417 rendered on March 26, 2018 is potentially very significant to the distribution of work between full-time, sessional, partial load and part-time professors by a college. This College Update reviews the award and its possible impact on college staffing decisions going forward.

Ontario Proposes Key Reforms to the Framework for Collective Bargaining in the Education Sector

· 4 min read

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 Collective Agreements Include Memoranda of Understanding

· 5 min read

Arbitrator George Surdykowski has rendered a significant award in which he concludes that the Memorandum of Understanding (“MOU”) between the Ontario English Catholic Teachers’ Association (“OECTA”) and the Ontario Government formed part of a school board’s 2012-14 collective agreements with OECTA. This award addresses an outstanding issue about the status of the collective agreements imposed…

College Update – Second Edition

· 22 min read

Dear Friends, Spring is just around the corner and with the changing of the season, what better time for us to welcome our second edition of College Update! Hicks Morley’s College Practice Group is pleased to periodically provide our College clients with specific information relevant to your particu­lar interests. In this edition we discuss labour…

Receipt of WSIB Benefits Bars Claim for Additional Monetary Damages at Arbitration

· 4 min read

An arbitrator recently affirmed that a grievor is not entitled to monetary damages under a collective agreement where that grievor has received benefits from the Workplace Safety and Insurance Board (“WSIB”) in respect of the accident for which damages are claimed. Arbitrator Howe considered section 26(2) of the Workplace Safety and Insurance Act (“WSIA”) and…

Arbitrator has no Jurisdiction Under OECTA MOU in Absence of Renewal Collective Agreement

· 4 min read

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…

Ontario Proposes Significant Changes to Wage Restraint and Collective Bargaining in the Broader Public Sector

· 18 min read

On September 26, 2012, the Ontario Minister of Finance announced draft omnibus legislation, the Protecting Public Services Act, 2012 (the “Draft Bill”), which would implement new compensation restraint measures for the Broader Public Sector (“BPS”), and would impose a significant new provincially mandated collective bargaining regime. The Draft Bill would also make changes to the…

Prep Time Payback – The Last (Good) Word?

· 4 min read

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…