Collective Bargaining - OPSBA
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CHAPTER 10
Collective Bargaining
School boards and unions has over a period of nearly (ACÉPO), representing
share a commitment to a decade evolved into the French-language
public education and a two-tier structure – public boards
work together towards a central tier and a local tier. ▪▪ Association franco-
positive labour relations. Please see SBCBA: Process ontarienne des conseils
As employers, school boards Map on opposite page. scolaires catholiques
engage in the process of (AFOCSC), representing
collective bargaining with Employer Bargaining the French-language
the unions representing
Agencies Catholic boards
the employees of the
▪▪ Ontario Catholic School
school board to achieve The SBCBA designates each
Trustees’ Association
a collective agreement. of the four school board/
(OCSTA), representing
trustees’ associations as the
English-language
statutory employer bargaining
Collective Bargaining Catholic boards
agency for their respective
with Unionized Staff school boards at the central ▪▪ Ontario Public School
The School Boards Collective tables. This school board Boards’ Association
Bargaining Act (SBCBA) representation at a central (OPSBA), representing
became law in 2014 and was table is: English- language
amended in 2017. It serves to public boards.
▪▪ Association des conseils
formalize a collective scolaires des écoles
bargaining process that publiques de l’Ontario
OPSBA’s Guide to Good Governance 2018-2022 131
SBCBA: Process Map
Central
Central Bargaining Ratification of Agreement
Central Terms on Central
CONTRACT ADMINISTRATION
Teachers’ Federations
Terms
Tables & Education by School Boards,
Workers’ Union Tables Yes
CENTRAL/LOCAL SPLIT
Unions and Agreed
NOTICE TO BARGAIN
to by the Crown
Central
Not Ratified/
Agreed
Collective Agreement:
Bargaining in Central Terms + Local
Good Faith Terms
Local
Local Bargaining Ratification of Agreement
Local Terms on Local
Between School
Terms
Boards & Local by School Boards
Bargaining Units & Local Bargaining Yes
Units
Not Ratified
Local
Under the SBCBA:
Local bargaining may occur at the same time as, or after, central bargaining.
A collective agreement is only completed once both central and local agreements are ratified.
Provided by the Ontario Ministry of Education, Education Labour Relations Office
Employee Bargaining enseignants franco- Catholic elementary
ontariens (AEFO) and secondary schools
Agencies
▪▪ Elementary Teachers’ ▪▪ Ontario Secondary
The SBCBA has further Federation of Ontario School Teachers’
designated through (ETFO), which represents Federation (OSSTF),
amendment that all teachers in English public which represents teachers
unionized/federated elementary schools in English-language public
employees would participate secondary schools.
▪▪ Ontario English
in central bargaining. For
Catholic Teachers’ The establishment of
teachers these groups are:
Association (OECTA) , bargaining tables for
▪▪ Association des which represents teachers education workers is more
enseignantes et des in English-language complex because a job
132
Central Bargaining Tables for 2014-2017 and 2017-2019
Council of Trustees’
Employee Groups
Associations and the Crown
Canadian Union of Public ACEPO, AFOCSC, OCSTA,
Employees (CUPE) OPSBA
Ontario Secondary School
Teachers’ Federation ACEPO, AFOCSC, OCSTA,
Education Workers OPSBA
(OSSTF)
Elementary Teachers’ Federation
of Ontario Education Workers OCSTA, OPSBA
(ETFO)
Education Workers Alliance of
Ontario (EWAO):
• Association des enseignantes
et des enseignants franco-
ontariens et sa section
(AEFO)
• Association of Professional
Student Services Personnel
(APSSP)
• Dufferin-Peel Educational
classification might be Resource Workers’ AFOCSC, OCSTA, OPSBA
differently unionized in Association
various boards. For example, • Educational Assistants
Association
the Canadian Union of Public
• Halton District Educational
Employees (CUPE) may Assistants’ Association
represent educational • Service Employees
assistants in some boards International Union / Union
while OSSTF represents internationale des employées
et des employés de service
them in others. Additionally
• Unite Here
a single union may have
Ontario Council of Education
members in school boards
Workers (OCEW):
in more than one sector.
• COPE Ontario & Locals 103,
As a result, the Act directs 429, 454, 527, 529
that the employers’ • Educational Resource
designated bargaining Facilitators of Peel
agencies form a Council of • Essex and Kent Counties
Skilled Trades Council
Trustees’ Association (CTA) OCSTA, OPSBA
• Labourers’ International
to collectively bargain at
Union of North America
central tables. The Central Local 837
Bargaining Tables established • Maintenance and
in 2014 to bargain and Construction Skilled
through the extension Trades Council
• Ontario Public Service
agreements to 2019 are
Employees Union
described to the right.
OPSBA’s Guide to Good Governance 2018-2022 133
With the amendment of For these employees, ▪▪ School Boards Collective
the SBCBA mandating all employment terms and Bargaining Act, 2014,
unionized employees be conditions may be addressed amended 2017
represented in central in personal service contracts, ▪▪ Ontario Labour Relations
bargaining, these tables group agreements, or other Act, 1995
will be redefined in 2019. terms and conditions set by
▪▪ Employment Standards
The Minister of Education the board and complying with
Act, 2000
has a role in establishing the statute and regulation, usually
▪▪ Occupational Health and
composition of bargaining following discussions with the
Safety Act
tables inside the requirement affected staff.
of the Act. ▪▪ Pay Equity Act
While not included under
▪▪ Municipal Freedom
the SBCBA, the Ministry of
Terms and Conditions of Information and
Education has committed
Protection of Privacy Act
for Non Union to a similar two-tier process
▪▪ Ontario Human Rights
Employees of good faith discussions
with employer representatives Code
Not all employee groups
and the principals and Statutes and regulations
in a school board are
vice-principal associations govern the operation of
unionized and in fact
namely; Association des elementary and secondary
some job classifications are
directions et directions schools, including the school
deemed to be excluded from
adjointes des ecoles franco- year calendar, class size, and
unionizing. Classifications
ontariennes (ADFO), The instructional time.
deemed ineligible are
Catholic Principals’ Council
excluded because of their Regulations and statutes
of Ontario (CPCO), and
role with their school board take precedence over
Ontario Principals’ Council
or because of the type of collective agreements.
(OPC). To facilitate discussion
information to which they
a Provincial Discussion
have access. They include:
Table is established when The Role of the
▪▪ Supervisory officers, consideration is being given Bargaining Agents
including the director to changing the terms and
of education conditions of employment for Employee Bargaining
▪▪ Principals and vice- principals and vice- principals. Agency
principals Trade unions are legally
▪▪ Some executive/ Legislation Impacting obliged to represent their
administrative assistants Collective Bargaining members in matters relating
▪▪ Most management staff in to the collective agreement.
Several statutes and
non-academic areas These obligations include
regulations define a
negotiating the terms and
▪▪ Some human resources board’s relationship with
conditions of employment
staff who have its employees, and their
on behalf of their members
responsibility for aspects conditions of employment
and representing their
of collective bargaining including the following:
members’ rights under
▪▪ Some financial services ▪▪ Education Act the collective agreement.
and information
technology staff.134
▪▪ Authorize lockouts at
the local tier
▪▪ Pay any fees required by
the Minister of Education
to a school board/trustees’
association that
represents the school
board as the employer
bargaining agency.
As the designated employer
bargaining agencies for their
respective school boards at
the central tables, school
board/trustees’ associations
play a critical role in the
collective bargaining process.
Subject to the appropriate
ratification process, school
board/trustees’ associations
Teacher federations and conducting central have the authority to bind
education worker unions bargaining the school boards in their
also provide other services respective systems to
▪▪ Conducts a ratification
to their members such as centrally negotiated
vote on the memorandum
professional development. terms and conditions of
of settlement of central
employment, which then
terms
Employer Bargaining become part of the local
▪▪ Conducts, if required, a collective agreement, once
Agency
vote on the lockout of local issues are also settled
▪▪ Develops a central
employees in respect of and ratified. School board/
bargaining mandate based
central bargaining. trustees’ associations are
on the concerns of the
local school boards also required to establish
Boards of Trustees of Local
their own policies and
▪▪ Represents the interests School Boards
procedures to fulfil
of school boards during ▪▪ Bring the concerns of the their statutory duties
bargaining at a particular local school board to the and responsibilities,
central table attention of the employer including conducting
▪▪ Bargains in good faith bargaining agency for the votes to ratify centrally
upon the matters to be purposes of developing a negotiated agreements.
included within the scope central mandate
of central bargaining at ▪▪ Approve/modify the local
the central table bargaining mandate
▪▪ Co-operates in good ▪▪ Ratify settlements of
faith with the Crown locally negotiated terms
in preparing for and and conditions of the
Board’s agreementsOPSBA’s Guide to Good Governance 2018-2022 135
School Boards Collective Bargaining Act:
Ratification Pathway
Tentative Ratification of Central Terms
Central
Central Central Central Terms Approved by
Bargaining Settlement by Unions the Crown
and Trustees’ (i.e. TB/MBC)
Associations
Collective
Agreement**
Local
Tentative Ratification of
Local Bargaining* Local Local Terms
Settlements by School
Boards &
Local Unions
Under the SBCBA:
*Local bargaining may occur in concert with central bargaining or sequentially.
**A collective agreement is only completed once both central and local agreements are ratified.
Provided by the Ontario Ministry of Education, Education Labour Relations Office
Negotiating a Collective Preparation for Collective
Agreement Bargaining
Each school board will have In order for the employer
a single separate legally bargaining agents to identify
binding collective agreement the proposed matters to be
with each of its unionized centrally bargained and
employee groups that will bargaining positions, each
include the terms negotiated school board/trustees’
at central tables and any association will consult with
locally negotiated terms. consideration for student
There is no final collective achievement and well-being,
agreement until there is a equity and inclusion, fiscal
ratification of both central sustainability and comparable
terms and of local terms. settlements.136
OPSBA Consultation Model
OCSTA OPSBA ACÉPO AFOCSC
Internal processes Internal processes Internal processes
Consultation
OPSBA Board of Directors
Directors of Education
Senior Negotiators
Labour Relations Council
OPSBA Exective Council
Technical Advisory Group
(Four sectors & Crown)
In establishing matters expenditures for one or Data Gathering
to be bargained centrally, more school boards.
Data is gathered regarding
the parties engage in the ▪▪ Whether the matter interpretation of the current
sharing of their respective raises common issues collective agreement. The
lists of these matters and between the parties to the figure to the right illustrates
reach agreement. collective agreements that the various sources of data.
If agreement cannot be can more appropriately All school board labour
reached, the Ontario Labour be addressed in central relations and human
Relations Board (if requested) bargaining than in local resources practitioners have
will render a decision based bargaining. access through their school
on the following factors for ▪▪ Such other factors as the board/trustees’ associations
deciding whether a matter Board considers relevant to a web-based provincial
is within the scope of in the circumstances. portal which offers a variety
central bargaining: of information and data on
Anything that has not been
▪▪ The extent to which the deemed a ‘Central Item’ is labour relations issues.
matter could result in a available for local bargaining. The portal is maintained
significant impact on by the Ontario Education
the implementation of Services Corporation (OESC).
provincial education School boards/trustees’
policy. associations also provide
▪▪ The extent to which the professional development
matter could result in a sessions for negotiators.
significant impact onOPSBA’s Guide to Good Governance 2018-2022 137
Data Gathering Sources
Anecdotal
feedback
from boards
Formal Survey Disputes
Feedback from Grievances
Committees Arbitrations
Following notice to bargain, to rule; and curtailing the The following must occur
the parties meet to begin performance of the duties before unions/federations
the process of negotiating of employee. The right to can strike or an employer
the collective agreement. strike and lock out exists at may lock them out:
At the central tier these both the central and local ▪▪ One party has served
negotiations include the levels, for the two tiers of the other with notice
Crown. When notice to bargaining. The initiation of of intent to bargain
bargain centrally is given the following steps does not
▪▪ The collective agreement
it is deemed that local notice preclude continuing to work
has expired
has also been given to the toward the settlement of a
corresponding local parties. collective agreement.
Most collective agreements
are settled without conflict.
Should negotiations break
down, unions and federations
have the right to strike and
the employer has the right
to lock out their employees
and, under certain conditions,
to impose new terms and
conditions of employment.
A strike includes any action
or activity undertaken
collectively with the intent
to stop or limit the normal
operation of the board,
including regular classroom
programs. The following are
considered strike actions:
withdrawing services; working138
▪▪ There has been Mediation and Arbitration final and binding arbitration
conciliation conducted or settlement to resolve
While mediation services are
by a conciliation officer differences about any
often initiated by the Ministry
appointed by the Ministry central terms of a collective
of Labour if a strike or lockout
of Labour agreement. For central
occurs or is likely to occur,
▪▪ A strike has been grievances, the parties are
both parties may jointly
supported by a majority school board/trustees’
agree to the appointment
of the employees voting associations and provincial
of a mediator in an attempt
in a strike vote unions. The Crown is not a
to resolve outstanding issues
party to central grievances,
▪▪ One or both parties have at any time.
but will have the right to
provided five calendar
Arbitration is an alternative participate in arbitrations
days’ notice for any strike
to the negotiation/sanction and its agreement is required
or lockout activity.
process. At any time during for a settlement.
A bargaining party does the bargaining process the
not necessarily exercise parties may jointly agree to
sanctions just because it refer all matters remaining
is in a legal position to do in dispute to final and
so, but only if it deems that binding arbitration.
the action is necessary to
Binding arbitration carries
achieve a settlement.
both risks and advantages
However, a school board
and should only be requested
may alter conditions of
after consultation with legal
employment after the release
counsel and/or other
of a “no-board report.” There
professionals experienced
are limitations on what can be
in such proceedings. Binding
changed. A proposed change
arbitration is often included in
must be raised with the union
“back to work” legislation.
and changes generally involve
imposition of positions Contract Administration
previously introduced by the
board at the bargaining table. The SBCBA includes
provisions for a central
Should a strike occur, the grievance arbitration
government could choose process that contemplates
to enact back to work the continuation of local
legislation if the Education grievance and arbitration
Relations Commission provisions. This means that
advises that the school arbitration and settlements
year is in jeopardy. can continue to be used
Even though a strike or to resolve disputes at the
lockout may be ongoing, local level involving both
the parties remain under a central and local terms.
duty to seek a negotiated The Designated Employer
settlement and to bargain and Employee Bargaining
in good faith. Agencies will have access toYou can also read
