Court Upholds Challenge by Unions
The Elementary Teachers’ Federation of Ontario (ETFO) and other
unions have won a major court victory at the Ontario Superior Court of Justice.
The Court found that the Ontario government’s decision, under Bill 124, to
impose a three-year wage freeze for ETFO members and other public service
workers was unconstitutional and violated workers’ collective bargaining
rights. The decision does not address a remedy for this Charter violation. “
Given
the content and timing of the legislation in 2019—in the midst of negotiations
for the renewal of collective agreements in the education sector—Bill 124 was a
direct attack on teachers and education workers,” says ETFO President Karen
Brown.
“Today’s decision reinforces what we have known all along: Bill
124 violates the democratic rights of all workers in Ontario’s public sector
and is a clear violation of ETFO members’ freedom of association as guaranteed
by the Canadian Charter of Rights and Freedoms.”
Bill
124 unilaterally imposed a one per cent cap on annual compensation increases in
the public sector for a period of three years. For the education sector, this
three-year period started in 2019.
In
his ruling, Justice Markus Koehnen ruled that the passage of Bill 124 infringed
upon union members’ right to freedom of association under the Charter. He
stated that, “(t)he Charter protects not just the right to associate, but also
the right to a meaningful process in which unions can put on the table those
issues that are of concern to workers and have them discussed in good faith.
Legislation that takes issues off the table interferes with collective
bargaining.”
Justice
Koehnen also noted in his decision that the Ontario government was imposing a limit
of one per cent on wage increases because it feared that taking that position
at the bargaining table would lead union members to exercise their
constitutionally protected right to strike. He noted that, “Although
inconvenient, the right to strike is a component of a free and democratic
society.”
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Always a good time getting together will colleagues!
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Whether the meeting is to take place during the school day or immediately after school, if you feel uncomfortable in any way, you may ask for a delay until the Local can be contacted. PH: 519-641-3936 or email etfotvot@gmail.com .
If the meeting entails contact in any way with the CAS or the Police, do not say anything except “I am willing to cooperate but I am unable to comment until I contact the Federation and legal counsel.” Then phone ETFO at1-888-838-3836, state that your call is urgent. An “on-call” counselor will assist you.
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Did you know that ETFO has a website that provides resources, videos etc. for those working in the early years?
To explore more, visit ETFO's Professional Learning in the Early Years
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· They teach 10 full days/school year in an elementary school
(N.B. Daily OTs may take a 1 year leave by Laserfiche application no later
than December 30th for the current school year per Article
L10.16. When members take leaves taken after that deadline, the required number
of days is pro-rated to an average of one day per month).
· Pay their OCT fees by April 15th (only those in
LTOs on January 1st have their fees deducted by payroll
automatically)
· Complete mandatory online training modules posted in the Spring
· Complete Annual Offence Declaration, WHMIS review etc. posted in
the Spring
· Notify the Board of any changes to name, address or telephone
number
December 1, 2022
