ETFO members protest at Queen’s Park in the fall of 2012. BILL 115 VICTORY
In April, ETFO and other education unions won a major victory at the Ontario Superior Court of Justice. The court found that the Ontario government’s Bill 115, imposed in the fall of 2012, was a viola- tion of the collective bargaining rights of education unions. In September 2012, the Government
of Ontario passed Bill 115 – the Put- ting Students First Act. Bill 115 required that any collective agreement negotiated between a school board and a teachers’ bargaining unit must be consistent with a memorandum of understanding the government had negotiated with the On- tario English Catholic Teachers’ Associa- tion (OECTA). If it was not, a collective agreement consistent with the OECTA memorandum of understanding would be imposed by the government. ETFO and other education unions
challenged Bill 115 under the Canadian Charter of Rights and Freedoms, argu- ing that it substantially interfered with collective bargaining between school boards and bargaining agents in the ed- ucation sector. Section 2(d) of the Charter, which guar-
antees freedom of association, protects a “meaningful process of collective bargain- ing.” As the Supreme Court of Canada has held, this includes the right of employees to join together to pursue workplace goals, make collective representations to the em- ployer, and to have those representations considered in good faith, including having
a means of recourse should the employer not bargain in good faith. On April 20, 2016, the Superior Court
of Justice held that Bill 115 substantially interfered with collective bargaining con- trary to s. 2(d) of the Charter. In his deci- sion, Justice Lederer ruled that the passage of the Putting Students First Act infringed on 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 fl awed.” “This is a total vindication of our pur-
suit of democratic rights on behalf of our members,” said ETFO President Sam Ham- mond. “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 abro- gated teachers’ collective bargaining rights, including their right to strike.” Bill 115 blatantly interfered with lawful
collective bargaining activities in the educa- tion 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. Justice Lederer did not comment on a
remedy for the parties, who are now re- quired 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.
PROGRESS SUMMIT 2016: SHAPING THE FUTURE
From March 31 to April 2, activists from around the country met in Ottawa at the Broadbent Institute’s Progress Summit. They heard keynote speakers including Gloria Steinem and Cindy Blackstock. ETFO was represented by President Sam Hammond, First Vice-President Susan Swackhammer, Vice-Presidents Karen Campbell and Nancy Lawler, and General Secretary Victoria Réaume. ETFO was a founding supporter of the Broadbent In- stitute. The summit is just one way the Broadbent Institute connects progressive activists and builds strength in communi- ties. You can watch any one of the keynote speakers by going to broadbentinstitute. ca/summit2016.
INTERNET FOR ALL CAMPAIGN
ETFO has endorsed the ACORN Internet for All Campaign. ACORN, an indepen- dent national organization of low and moderate income families, is looking for public support to achieve affordable in- ternet access for low-income Canadians. Canada has some of the highest internet costs in the world. At the same time, ac- cess to the internet has become ever more important – looking up a phone number, applying for a job, connecting with an employer, researching a school project, accessing government services. Access to the internet should be available to every- one at a cost they can afford. If you agree, join ETFO and endorse the campaign at
internetforall.ca.
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