BARGAINING PROCESS

Yes. In Ontario, the unions that represent educators who work in the publicly funded public education system must conduct collective bargaining under rules established by provincial legislation. That legislation is called the School Boards Collective Bargaining Act (or SBCBA). 

The SBCBA was enacted in 2014 and establishes a two-tier system of collective bargaining in the education sector. The two-tiers are:

• central (i.e., provincial) bargaining between ETFO and bargaining agents for school boards; and
• local bargaining between ETFO and individual school boards.

Bargaining about central terms in the collective agreement takes place at “central tables.”

Bargaining about local terms in the collective agreement takes place at “local tables.”

During central bargaining between ETFO and bargaining agents for school boards, the provincial government (sometimes called “the Crown”) sits as a participant. The provincial government does not participate in local bargaining.

The SBCBA was passed by the Legislature on April 8, 2014. The Liberals and New Democratic Party (NDP) voted in favour; the Progressive Conservative (PC) party voted against. The legislation received Royal Assent on April 8, 2014. Amendments to the SBCBA were made in 2017.

To read the SBCBA, click here.

No. The amendments proposed by the PCs at that time to make voluntary extracurricular activities a job requirement for teachers were not accepted and are not part of the SBCBA. Voluntary extracurricular activities remain just that: voluntary.

ETFO Provincial continues to be the bargaining agent for its members at any local or central (provincial) bargaining table.

Central bargaining is bargaining that takes place at the provincial level at “central tables.” There are two central tables for ETFO members:

• The teacher/occasional teacher central table; and
• The education worker (i.e., DECE, ESP, PSP, education professional) central table.

For teacher and occasional teacher members, ETFO Provincial conducts central bargaining with the employer bargaining agency called the Ontario Public School Boards’ Association (OPSBA).

For DECE, ESP, PSP and other education professional members, ETFO Provincial conducts central bargaining with the employer bargaining agency called the Council of Trustees’ Association (CTA).

The government (also called “the Crown”) also participates in central bargaining.

OTF’s primary role is to act as the unified voice that advocates for the teaching profession, its member Teachers and publicly funded education. OTF is also a partner, along with the Government of Ontario, in the Ontario Teachers’ Pension Plan. OTF is charged with representing the interests of all Teacher pension plan members – both active and retired.

While, ETFO, OSSTF, OECTA and AEFO are all members of OTF, OTF itself does not engage in collective bargaining.

To find out more about who does what in Ontario public education, check out this series of helpful videos developed by OTF.

The School Boards Collective Bargaining Act mandates that the four Teacher unions – ETFO, OSSTF, OECTA and AEFO – must bargain at four separate central tables for their Teacher and Occasional Teacher members.

In addition, ETFO is required to bargain at a separate central table for its DECE, ESP and PSP members. That central table is referred to as the ETFO “Education Worker” central table.

So ETFO conducts central bargaining at two different central tables:

• the Teacher/Occasional Teacher central table; and
• the Education Worker central table (for DECE, ESP and PSP members).

The Ontario Public School Boards’ Association (OPSBA) is the representative agency that bargains on behalf of public school boards at the ETFO Teacher/Occasional Teacher central table.

The Council of Trustees’ Association (CTA) is the representative agency that bargains on behalf of all publicly funded school boards (i.e., public, Catholic, French-language) at the ETFO Education Worker central table.

Under the School Boards Collective Bargaining Act, the parties to all ETFO collective agreements are:

• for ETFO Teacher and Occasional Teacher members: ETFO and OPSBA; and
• for DECE, ESP and PSP members: ETFO and CTA.

When do ETFO collective agreements expire?

All education sector collective agreements (including all ETFO collective agreements) expire on August 31, 2019.

No. Unless there is an explicit expiry date connected to an item in the agreement, most items in your collective agreement remain in the agreement, even if it has expired.

One party to bargaining cannot unilaterally delete an item from your collective agreement, even if the agreement has expired. Any changes would need to be negotiated and agreed to by both parties to the collective agreement.

Yes. The union or the employer can temporarily alter certain terms and conditions of the collective agreement – but only while they are in a legal strike/lock-out position as defined by Ontario’s Labour Relations Act.

Once the legal strike/lock-out has ended, any temporary changes made to collective agreement terms also end.

No. Under the SBCBA, either party to a collective agreement (i.e., the union or the agency that bargains for school boards) can give what is called “notice to bargain” up to 90 days before the expiry of the collective agreement. Giving notice to bargain requires the parties to start the bargaining process.

Under the SBCBA, the Minister of Education has the authority to make a regulation that would allow notice to bargain to be given up to 180 days before the expiry of a collective agreement.

Notice to bargain can be given by ETFO Provincial or an employer bargaining agency (i.e., OPSBA or CTA).

ETFO Provincial, the employer bargaining agency (OPSBA or CTA) and the Crown (government) are required to meet within 15 days after notice to bargaining is given.

Check out the section called Stay in Touch. You’ll find information in that section about how to update your contact information with ETFO.

The parties at central tables and local tables and the Crown are supposed to negotiate in good faith and come to an agreement about what will be negotiated during central bargaining.  The items that will be negotiated at the central table are referred to as “the central list”.

If the parties can’t agree on what should be bargained centrally, the issue is referred to the Ontario Labour Relations Board (OLRB). When the OLRB reviews an item to determine if it should be bargained centrally or locally, it looks at the following:

• The impact on the implementation of provincial education policy;
• The impact on expenditures for one or more school boards;
• If a matter raises common issues between the parties that are more appropriate for central or local bargaining; and

Other factors the OLRB considers relevant.

To view an 11 minute ETFO webcast called The School Boards Collective Bargaining Act, 2014: An Introduction to Legislated Changes in Our Collective Bargaining Process, click here.

At any point during negotiations conducted under the School Boards Collective Bargaining Act, a union or an employer can request third-party assistance.  That request for assistance is called conciliation. The process of conciliation is defined under a different act, called the Labour Relations Act, 1995.

Under the Labour Relations Act, a conciliator is appointed by the Ministry of Labour to conduct the conciliation.  The parties to bargaining must confer at least once with the conciliator.  The conciliator will confer with both parties and try to help them reach an agreement, but the conciliator has no authority to impose a settlement on the parties.

If the conciliation fails to produce a positive result, both sides can continue to bargain without the presence of a conciliator, or either side can ask the conciliator to file a “no board” report stating that they may be at impasse.  A strike or lockout is legally possible the 17th day following the issuance of the “no board” report, but it is important to remember that neither is required.  The two sides can keep trying to reach a deal after a “no board” report has been filed.

The Labour Relations Act states that the existing terms and conditions of collective agreements remain the same until the Minister of Labour issues a “no board” report.  After the “no board” report is issued, the terms and conditions of collective agreements are frozen for a sixteen-day period.  Bargaining may continue during that time.  On the 17th day following the “no board” report, any or all of the following could legally occur:

• the union could call for strike action provided it has taken a strike vote and more than 50% vote in favour of strike action (Note: strike action can range from work-to-rule up to a full withdrawal of services);
• the employer could lock out its employees;
• the employer could make unilateral changes to the collective agreement;
• the union and the employer could continue to bargain;

the union and the employer could mutually agree to send unresolved issues to binding arbitration.

Ontario’s Labour Relations Act requires unions and employers with bargaining relationships to meet with each other and bargain in good faith. Each party involved in the bargaining process must make every reasonable effort to enter into a collective agreement.

If one party feels the other is failing to bargain in good faith, that party may file a complaint with the Ontario Labour Relations Board (OLRB). The OLRB will determine what constitutes bad faith bargaining on a case-by-case basis. There are, however, some general issues that often form the basis of bad faith bargaining complaints. For example,

• refusing to meet once notice to bargain is served;
• missing procedural steps;
• refusing to attend bargaining meetings;
• refusing to provide information or data necessary to conduct bargaining;
• attending meetings but being unprepared to bargain;
• misrepresenting facts or information that are necessary in order to bargain in good faith;
• illegal bargaining proposals;
• undermining the union by
  • refusing to recognize the union as the legitimate bargaining agent;

attempting to negotiate directly with employees instead of with the union.

If the OLRB finds that a party to bargaining has breached its obligations, it can order a variety of remedies, including:

• establishing bargaining dates and requiring parties to attend those dates;
• requiring parties to present a complete set of bargaining proposals within a set period of time;
• establishing specific bargaining conditions;
• requiring the parties to produce records and data relevant to bargaining;
• issuing a “cease and desist” order to prevent the parties from making unlawful or inflammatory proposals;

imposing or extending a bargaining period freeze.

A strike vote is a vote by union members that to determine if they are willing to initiate a collective work action (i.e., stopping, slowing down or curtailing work).  Before its members can legally go on strike, ETFO (like all unions in Ontario) must hold a strike vote.

ETFO is negotiating the 2019 round of collective bargaining under legislation called the School Boards Collective Bargaining Act, 2014 (SBCBA). The SBCBA provides for two levels of bargaining – central (i.e., provincial) and local — and calls for separate central and local strike votes.

For more information about the School Boards Collective Bargaining Act, click here. [link to the Bill 122 PPT/webcast].

To read the School Boards Collective Bargaining Act, click here. 

ETFO negotiates for agreements – not strikes. No union wants a strike, but a strike (or lock out) can occur when both sides can’t reach an agreement. Even so, a strike is always seen as a last resort and is only used when bargaining reaches a stalemate (also called an “impasse”).

While a strike vote is an important milestone in negotiations that may provide ETFO bargaining teams with some extra leverage at the bargaining table, it doesn’t mean that a strike is inevitable. Historical data and experience shows that having a high strike vote early in the bargaining process actually decreases the chance of a strike and can encourage the parties to settle more quickly

A strike is a job action, and that can mean many things – it doesn’t necessarily mean walking the picket line. For example, work-to-rule is a form of strike action. Work-to-rule may mean: focusing on teaching and not attending staff meetings; not completing report card comments; not filing paperwork, etc. The paring back of such extras has little impact on students, but can place considerable pressure on school boards and governments to bargain fairly.

In 2005, for example, ETFO members engaged in a work-to-rule. They attended class every day and focused on their teaching duties and students, but they didn’t do administrative duties (e.g., attend staff meetings, file paperwork, supervise extracurricular activities, etc.). That strike action on the part of ETFO members hastened the negotiation process and resulted in significant gains to our collective agreements, including an increase of preparation time to 200 minutes per 5 instructional days.

The one day province-wide rotating strikes in December 2012 provided the pressure necessary to support ETFO’s aim of negotiating significant improvements to imposed collective agreement provisions. The rotating strikes also placed considerable pressure on the government to eliminate the 2% salary penalty imposed on ETFO members during the 2008 round of bargaining.

During the 2014 round of collective bargaining, in response to demands from employer bargaining agencies for concessions (such loss of self-directed preparation time and strips to sick leave provisions), ETFO members engaged in legal strike action between May 2015 and November 2015 that included not attending staff meetings and not administering EQAO testing. The employers’ concessions were removed from the bargaining table as a result of members’ work-to-rule actions.

Should any form of strike action take place – such as working-to-rule – members will be kept informed and up-to-date through local and provincial communication channels. There will be frequent updates provided through print publications, emails, school visits and information meetings about the specific type of strike action that will be taken and how members should proceed.