Bill 115 Charter Challenge Remedy

In 2012, the Liberal government of the time had concluded negotiations with OECTA, and then proceeded to pass Bill 115, which required all outstanding teacher bargaining to result in deals that were "substantively identical" to the OECTA deal. This obviously violated a number of Charter rights, which the courts affirmed in 2016. At that time, a decision on the remedy was deferred to allow the parties time to try to negotiate a settlement and go through a mediation process. Ultimately, the decision on remedy was referred back to the trial judge, Justice Lederer. We finally received a remedy decision on February 1, 2022.

The remedy totaled $103.1 million dollars awarded to ETFO, with those funds to be divvied up amongst members according to processes laid out in the remedy document. While $103.1 million is much less than what the government saved by imposing the contracts, Justice Lederer took into account various mitigating factors such as what kind of bargaining results we could have reasonably expected, and what we've achieved in the meantime.  This remedy is essentially to make reparations to us for having our Charter rights trampled.

All remedy information will be coming from ETFO Provincial, and you can find an FAQ and further details here: https://www.etfo.ca/etfo-action/bills/etfo-s-unfair-labour-practice-complaint-against-the-government-of-ontario

Work to Rule Protocol

Work to Rule protocols can be found at https://etfocb.ca
You can also download a PDF with all current WTR protocols here.

(All phases of WTR are cumulative, so for example Phase 2 added additional struck work while Phase 1 remained in effect.)

Please remember that the point of work to rule is to inconvenience management without us having to go out picketing. This is not the time to be giving up prep periods and accepting additional supervision time. Stick to your contract: you are to have the same timetable as the teacher you're replacing.

The point of any withdrawal of services is to increase pressure on the other side by causing inconvenience. Please adhere to our collective agreement and politely decline if asked to give up your prep period or take on additional supervision duties. When you agree to those things you're usually helping to solve a problem for an administrator, which is counterproductive during a work to rule. Just say "I'm sorry, our union is on work to rule and that would also violate my collective agreement." If there's any pushback, tell them to contact President@NiagaraOT.org and then let me know what was said to you.

You can also learn more about bargaining by visiting ETFOCB.ca.

Reporting Contract Violations

We have a number of issues which are perennial contract violations, such as having your prep period taken away or being assigned extra duty.  I've created an online form that lets you easily report these violations to contribute to a data set that will allow us to press for the Board to stop Principals and other staff from violating our contract every single day.

The tool is simple, and can be easily used with a mobile browser.  Simply go to:

http://bit.ly/niagaraot

• Select the school from a drop-down list.
• Check one or more checkboxes to indicate the problem you encountered.
• Select the date from a pop-up calendar.
• Optionally enter your e-mail address.  While you're welcome to be anonymous, non-anonymous data has more credibility and allows me to contact you if I need further details.

Don't worry, your e-mail is confidential and for the union's use.  By no means will we be going into meetings saying "Mr. Chalk reported to us that you took away his prep."  What I'll be doing is periodically providing the Board with a list of schools and what's happening at those schools, and seeing if the Board is effective at addressing the issues I bring to them.  If they're not, then I'll have a good amount of data with which to try to assess the impact of things like lost preps (how many days of work are reassigned preps costing us, for instance?) with which I can put together policy grievances.

All that being said, we already have the tool we need to stop our contract from being violated: all you have to do is say No.

If all of us are consistent in saying "I'm sorry, but that would violate my collective agreement." when asked to do things like give up our preps, then the problem will disappear.  If anyone presses you on the issue, tell them to contact your Union President.  Then report to me that you were brave enough to say No, as well as what if anything was said in response.

This tool allows for easier aggregation of data for me; of course, always feel free to call or send an e-mail to president@niagaraot.org

Benefits Switch February 1st, 2017

Benefits switch to ETFO Employee Life and Health Trust (ELHT)

On February 1st, 2017 our Local will be part of the second wave of locals which will be switching from Board-provided benefits (currently Sun Life) into ETFO's provincial Employee Life and Health Trust (ELHT) benefits plan.

This affects anyone currently receiving benefits on an LTO, and it also affects eligibility for LTOs to receive benefits.  Provincially OT Presidents will continue to lobby ETFO to negotiate funding to include daily occasional teachers in the ELHT as well.

The transition timeline for us is as follows:

January 3-13:  OTIP will be mailing welcome packages to eligible members via Canada Post.
January 17-31:  OTIP will send eligible members their enrolment email to their Board email account.
January 17-31:  Benefits cards will be mailed to eligible members.
February 1:  Benefits Plan coverage goes live for eligible Wave Two members
March 3:  Deadline for eligible Wave Two members to complete initial enrolment (31 days from February 1, 2017 transition date).

You can find additional information, FAQs and so on at etfo.ca

How is eligibility different from our current plan?

• If you are currently covered under another group insurance plan (eg. through a spouse) you will no longer be denied benefits.
• Eligibility will be based on being in an LTO of 90 consecutive calendar days or longer (currently our eligibility is only if an LTO is known in advance to be at least 40 school days). 
• If you are in an LTO less than 90 calendar days that extends past the 90 day mark, you will be eligible for benefits retroactive to the first day of your LTO.  So keep your receipts for things like prescription drugs when starting an LTO that's not known up front to last that long, as you may be able to claim them if it's extended.

If you're currently in an LTO, watch for the welcome package to arrive in the mail, and especially watch for the enrolment e-mail to come to your DSBN e-mail accounts.  You have 31 days to complete your benefits enrolment online.  In future, as you qualify for benefits (school boards have to provide employment information to ELHT weekly) you will be notified by ELHT and be sent the appropriate information.

Important Change in SmartFind/SEMS

As per our recent tentative agreement, a change has occurred in how you declare your availability in SmartFind/SEMS.  Previously, you had 12 municipalities in Niagara for which you could specify your availability.  Now, that list of twelve has been reduced to the four "Areas" that the DSBN splits itself into administratively.  What this effectively means is that in order to help prevent unfilled jobs, there's an expectation that everyone be available to at least a moderate geographic area rather than for instance only one municipality.

These four areas are:
Area 1: Fort Erie, Niagara Falls
Area 2: Pelham, Port Colborne, Thorold, Wainfleet, Welland
Area 3: Beamsville, Grimsby, Lincoln, West Lincoln, St. Catharines
Area 4: Niagara-on-the-Lake, St. Catharines

Note: You may also see "1000 - Elementary" instead of the four separate areas.  This is equivalent to having yourself available for all areas.

When you log into SEMS, in the menu bar you'll see Schedule, and in that is Locations.  You can check your current availability settings in there.

If your availability is incorrect or needs adjusting, you can email or call Lisa.Clark@dsbn.org to make changes.  Lisa's extension is 54264, and the SEMS Help Desk extension is 54230.  For a complete list of schools by municipality, click here.

ETFO Wins Bill 115 Charter Challenge!

April 20, 2016

The Elementary Teachers’ Federation of Ontario (ETFO) and other education unions have won a major court victory at the Ontario Superior Court of Justice today. The court found that the Ontario government’s Bill 115 imposed in the fall of 2012 was a violation of the collective bargaining rights of education unions.

In his decision, Justice Lederer ruled that the passage of the Putting Students First Act infringed upon union members’ rights to meaningful collective bargaining under the Charter of Rights and Freedoms. He also determined that the process the government engaged in was “fundamentally flawed.”

“This is a total vindication of our pursuit of democratic rights on behalf of our members,” said ETFO President Sam Hammond. “ETFO and its legal counsel acted as the lead in launching the Charter challenge in the fall of 2012 because, by imposing the terms and conditions of our members’ contract, the Ontario government abrogated teachers’ collective bargaining rights, including their right to strike.”

Bill 115 blatantly interfered with lawful collective bargaining activities in the education sector for three years. It put the actions of the government beyond the review of the Ontario Labour Relations Board, outside the reach of the Ontario Human Rights Commission, and even above the courts. In response, the Charter challenge was launched by ETFO as well as the Ontario Secondary School Teachers' Federation (OSSTF), the Canadian Union of Public Employees (CUPE) Ontario and the Ontario Public Service Employees Union (OPSEU).

Justice Lederer did not comment on a remedy for the parties. The parties are now required to meet to determine a remedy. If they are unable to reach agreement on a remedy, the matter will be referred back to Justice Lederer for a decision.

You can read Justice Lederer's decision here.

Ontario College of Teachers Surveys

There are 2 surveys from the Ontario College of Teachers currently being conducted.   Members of ETFO are advised not to participate in either survey.

Members' Survey Regarding Coroner's Jury Recommendation on Attestation

The Ontario College of Teachers has sent emails to some members with the subject line “Members' Survey Regarding Coroner's Jury Recommendation on Attestation”. The College is requesting participation in a survey related to the Coroner’s Jury recommendation that the OCT consider having its members attest annually that they have reviewed materials issued by the College relating to their duty to report abuse and/or neglect of children and youth to a children’s aid society or child & family services agency pursuant to the Child and Family Services Act.

Please be advised that ETFO as well as OTF and the other affiliates have already been consulted by the College on this matter, and all are in agreement that it is not within the College’s mandate to have members provide an annual attestation to the College in this regard.  As such, members of ETFO are advised not to participate in this College survey.


Professionally Speaking Reader Survey

The Ontario College of Teachers has circulated an intrusive marketing-type survey that asks personal questions which are well outside the role of the OCT (e.g., vacation habits, household income, number of cars, recreational activities).

Members of ETFO are advised not to participate in this College survey.

Related Resources

Have a good break!

Your Local Executive wishes you a happy and safe holiday break, and a prosperous new year!

Provincial Tentative Agreement Information

UPDATE

86% of ETFO members voted in favour of the tentative agreement.
98% of ETFO Locals voted in favour of the tentative agreement.

Provincial Tentative Agreement Information Session

Tuesday, November 10th, 2015
Location: ETFO office, Fonthill
Time: 4:30-6pm
Please RSVP to lianne@niagaraot.org

Come out to learn the details and have your questions answered!

Telephone Town Hall Information

Niagara's town hall call is scheduled for Wednesday, November 11th from 6:30-7:30pm

Online Voting

Online voting is now open.  Click here to vote.

Need help with voting?  Go to the FAQ, or call the Help Centre at 1-877-869-8233.

Bargaining Update September 15

The government and OPSBA have walked away from the provincial bargaining table.  ETFO remains ready to bargain.  For the time being, ETFO will be staying the course with our Phase 2 Work to Rule that began on September 3rd.

Phase 2 WTR and other strike news...

Update: Phase 3 Work to Rule protocols (PDF)

Phase 2 Work to Rule protocols (PDF)

Phase 2 Work to Rule FAQ (PDF)

More Phase 2 FAQs August 27, 2015 (PDF)

Phase 2 Work to Rule (which includes all the previous work to rule items) begins on the first day of school if a provincial agreement with ETFO has not yet been reached.

Note that OSSTF and OECTA have recently reached tentative agreements (details of which are confidential until ratified by their members).  While technically these deals are separate from ETFO, they will likely set a pattern that the province will wish to follow when dealing with ETFO.  Provincially we return to bargaining on September 1st, so it's possible that we'll have a provincial deal before school starts.

That being said, that still leaves us with Local bargaining.  Locally, the DSBN has so far basically only agreed to amend the address of ETFO's head office in Toronto.  Once a provincial agreement is in place, though, we'll all have a clear picture of what is and isn't addressed at the provincial level and be able to get down to more meaningful discussions.  We won't have a complete collective agreement until both the provincial and local agreements are finished and ratified by the members.

A Provincial agreement should take care of some of the "big" items, but there will likely be items that didn't get covered that we may need to try to get some language for locally.  At the Local level, our items tend to be more nitty-gritty amendments to address issues that affect how effectively the union can represent you or which currently present loopholes to what we feel the intent of the original language was.  For instance (this is a non-exhaustive list):

• Ensuring union representation during discipline procedures, and better ways of dealing with allegations.
• Access to information.
• Offence declaration procedures more in line with those for other employees.
• A meaningful cap to the OT Roster.  Our current 646 person cap is the number we stopped the Board at through arbitration; it by no means represents a negotiated number that reflects any conscious thought or calculation of a number that would help everyone receive a decent amount of work while still ensuring there are no unfilled jobs.
• Job callout and cancellation procedures.  There are currently no rules surrounding these items.
• Immediate placement on grid pay when placed in an LTO through interview (as opposed to a daily job that morphs into an LTO after 10 days).
• Benefits in an LTO after 40 days if it wasn't known in advance it would be at least 40 days (this is an unaddressed item that currently allows many LTOs to be denied access to benefits).

Technically at the Local level we can reach impasse, file for conciliation, and reach a legal strike position just as we have at the Provincial level.  If DSBN seeks to simply maintain the status quo on everything not addressed in a provincial agreement, it may be necessary to apply some pressure to see some movement on longstanding issues.  We'll cross that bridge if we come to it, though.

What's really protecting you?

Are you aware that, minimal as the protections in the Employment Standards Act are, that there are exceptions in it that allow fewer protections at work for teachers?

Under the Employment Standards Act:

• Teachers and OTs are not entitled to minimum wage.
• Teachers and OTs are not entitled to breaks.
• Teachers and OTs are not entitled to a lunch period.
• Teachers and OTs are not entitled to public holidays.
• Teachers and OTs are not entitled to limits on hours of work.
• Teachers and OTs are not entitled to the same personal leave provisions as other workers.

Your collective agreement protects you even when the law doesn't.  And as you hopefully know, your union always strives to bargain the best working conditions possible, rather than the bare minimums required by law.  To download a poster showing the above, click here.

Strike Action beginning May 11th

As you've all heard by now, strike action begins May 11th.  Please e-mail president@niagaraot.org if you haven't been receiving the collective bargaining bulletins by e-mail or if you're not subscribed to our e-newsletter.

More information will be coming out to you before the 11th, and if you have any questions feel free to e-mail or call me at 905-892-0270.

Local Annual General Meeting May 26th, 2015

Local Annual General Meeting Tuesday, May 26th, 2015 Time: 4:30-7:30 (dinner provided) Location: Club Capri, 36 Cleveland St, Thorold Please RSVP to kim@niagaraot.org
We'll cover developments in collective bargaining, an overview of what's been happening this year, review the budget, and we'll also be having our Local Executive elections.  If you're interested in serving on the Local Executive, please take a look at our April newsletter for an overview of what's involved.  Of course, we'll also be serving a great meal as usual, and have draws for an iPad Mini, a free AQ course, and door prizes!

Message from Sam Hammond - April 2, 2015

Update: On April 23rd, ETFO received their "no board" report.  17 days later we're in a legal strike position on central table items.

Questions about conciliation and "no board" reports?  Find your answers here.

Right to Strike Affirmed by Canada's Supreme Court

The right to strike has been affirmed by the Supreme Court of Canada as a right protected by the Canadian Charter of Rights and Freedoms.

This landmark ruling will help level the playing field between employers and employees, and will certainly bolster ETFO's Charter challenge against Bill 115, which imposed contracts on teachers.  We can expect to see ripples from this ruling for many years to come.

Read about it in the Globe and Mail, and also read the Globe's Op-Ed column by Hassan Yussuff, President of the Canadian Labour Congress.

You can also read the actual Supreme Court ruling.

2014 Fall General Meeting

Local Fall General Meeting Monday, December 1st, 2014 Time: 4:30-7:30 (dinner provided) Location: Club Capri, 36 Cleveland St, Thorold Please RSVP to kim@niagaraot.org    

ETFO 2014 Collective Bargaining Website

ETFO's 2014 CB website has officially launched at http://www.etfocb.ca  Be sure to visit for updates and answers to your collective bargaining questions.

Interview Prep Workshops

Interview Prep Workshops

October 21st, 2014

November 4th, 2014

November 7th, 2014

Time: 4:30-6:30pm

Location: ETFO Office, Fonthill (Map)

New date added:
October 28th, 2014
Time: 4:30-6:30pm
Location: Education Centre, St. Catharines room

Please RSVP to tracy@niagaraot.org

2014 Municipal Elections

The 2014 municipal elections will be held on October 27th.  With over 180 candidates across Niagara, the Local decided that making our own endorsements wasn't something we had the time or resources to do.  However, the Niagara Regional Labour Council sent out surveys to all candidates and has made endorsements based on the responses received.

NRLC Municipal election endorsements