The Education Labour Scene in Ontario

Transcription

1 The Education Labour Scene in Ontario A L I C E I N W O N D E R L A N D, W I S C O N S I N R E D U X, O R B R I T I S H C O L U M B I A L I T E?

2 Ontario Overview 4 school systems (English Public, English Catholic, French Public, French Catholic) 4 teacher unions ETFO, OSSTF, OECTA, AEFO Support staff represented by ETFO, OSSTF, CUPE, and 16 other unions 72 school boards English Public the largest, English Catholic the second largest

3 History 1997/8 Right to tax removed from local school boards Teacher bargaining moved from the Education Act to the Labour Relations Act Unions bargain provincially, school boards bargain locally Principals removed from the unions Teachers engage in a series of local strikes, work to rules, withdrawal of voluntary activities. and a province wide illegal strike Conservative government changes Ed Act to make cocurricular activities an expected part of teaching duties

4 Background 2003/4 Liberals elected with the strong support of the teacher unions Remove the legislation regarding c0-curricular activities Enter into local bargaining in 2004 with the personal intervention of the Minister of Education (Gerard Kennedy) provincial framework developed boards pressured to accept Deals achieved through restricting supervision duties for elementary teachers, and reducing secondary teacher workload

5 Background 2008/12 Voluntary process of provincial negotiations established more formal, but still outside of the law Government acted as the facilitator for various bargaining tables School board associations represented the employers Wage offers of 3% in each of four years tabled about two months before the economic crash Improved working conditions Elementary teacher union (ETFO) got 2% less than the other unions for failing to meet the government imposed timelines

6 Background Full day kindergarten introduced 5 year implementation New category of employees Designated Early Childhood Educators Represented by various unions Provincial template deal struck, provincial grid (first for support workers)

7 2012 Unions and employers anticipated a repeat of 2008 Financial pressures on the government significant Moody s February government appointed a legal team to bargain Broke links with the sector Announced the government s financial parameters: Two year deals Wage freeze Grid freeze (no movement for experience or qualifications) Retirement gratuity freeze, and phased elimination Sick leave reduced from 20 days a year accumulated, to 6 days a year not accumulated After day 6, sick leave to be paid at 66 2/3% for up to 120 days (run out to LTD) Elimination of board contributions to post-retirement gratuities

8 2012 ETFO refused to participate insisted on local bargaining, as per the Labour Relations Act Other unions entered into discussions OSSTF left the provincial table in March CUPE left in April Associations kept bargaining with them, without the government at the table Only AEFO, OECTA, and some support unions kept talking to the government OCSTA and the French Associations stayed in the talks, but ended up unable to agree to the deals

9 2012 Early July Government signs MoU with Catholic and French teacher unions Government signs MoU with five small support unions 4 Catholic Public boards agree to OECTA MoU 1 Catholic Public board put under supervision, and agrees 1 French Catholic board agrees No Board/Trustee Associations sign Currently no collective agreements Government signing deals directly with the unions without the employer marks a seismic shift in education labour relations in Ontario

10 The Deals Sick leave 10 fully paid days a year, 120 at 66 2/3 Don t accumulate, but refresh each year 120 can be topped up to 90% after a third party adjudication process LTD plans to be owned by the unions where they don t already Partial grid movement restored in return for three unpaid days in year 2 (on which employees don t work) 1 day for support workers Seniority a key determinant in hiring contract teachers Limitations on diagnostic assessment Legislation on provincial bargaining in 2014 promised Why did these unions agree?

11 Bill 115 If you can t negotiate, legislate Government passes legislation, with the support of the Conservatives After August 31, 2012 teacher deals have to be substantively identical to the OECTA MoU Support staff deals have to be substantively identical to the support staff MoUs Imposes the MoU parameters on non-unionized board employees Permits local bargaining, and strike/lockout, for employees not covered by MoUs, up to December 31, 2012 Locally ratified deals have to be approved by the Minister Can send the parties back to continue bargaining Can impose contracts through LGIC Contracts are to be in place by December 31, 2012

12 Bill 115 Gives the LGIC added areas within which they may govern school boards through regulation Limits the powers of the Labour Relations Board Limits the powers of arbitrators Restricts the ability to use the courts Empowers the Minister to prevent strikes

13 Regulation September - Minister begins to release Regulations to impose the MoU on the sector prior to local bargaining Hiring Regulation Diagnostic Assessment PPM Transitional provisions Regulation Others promised Boards receive thousands of individual grievances for unilaterally imposing the legislative requirements without bargaining

14 2012 Unions begin law suits which will lead to a constitutional challenge Further clarification of the Health Services ruling Teachers start withdrawing voluntary services Boards start considering what constitutes illegal strikes Unions move to be in legal strike position

15 Evolution to Date Since 1997, continued centralization of control over K 12 education within the government and the Ministry Funding Control over how much boards get Increased control over how they spend it Curriculum Used to be a school board responsibility, now largely developed by the Ministry with boards responsible for implementation Tends to be highly responsive to the crisis of the moment Increased Ministerial control over bargaining Willingness to place boards under supervision

16 The Future Education as an essential service? Limiting the powers of arbitrators may be an indicator Role of school boards in future bargaining? Continued existence of school boards? Impact on public sector unions generally? Pendulum swinging, or permanent change?