School Boards Collective Bargaining Act, 2014, S.O. 2014, c. 5 (Consolidation Period: From November 21, 2018 )

• Jurisdiction: Ontario
• Coming into Force: 21 November 2018
• Status: current

School Boards Collective Bargaining Act, 2014

S.o. 2014, chapter 5

Consolidation Period: From November 21, 2018 to the e-Laws currency date.

Last amendment: 2018, c. 14, Sched. 2, s. 24.

CONTENTS

Interpretation and Application

Interpretation

1 (1) Expressions used in this Act relating to collective bargaining have the same meaning as in the Labour Relations Act, 1995, unless a contrary intention appears.

Same

(2) Expressions used in this Act relating to education and the school system have the same meaning as in the Education Act, unless a contrary intention appears.

Constitutional rights and privileges

(3) This Act and the Labour Relations Act, 1995 do not prejudicially affect any right or privilege guaranteed by section 93 of the Constitution Act, 1867 or by section 23 of the Canadian Charter of Rights and Freedoms, and every authority given by this Act and the Labour Relations Act, 1995 shall be exercised in a manner consistent with those rights and privileges.

Definitions, etc.

2 (1) In this Act,

“central table” means a central table established under section 23; (“table centrale”)

“central terms” means, in relation to a collective agreement, the terms and conditions of the collective agreement that are determined through, or in connection with, central bargaining; (“conditions négociées centralement”)

“employee bargaining agency” means an entity designated under section 19, 20 or 20.1 as an employee bargaining agency; (“organisme négociateur syndical”)

“employer bargaining agency” means an entity designated under section 21 as an employer bargaining agency; (“organisme négociateur patronal”)

“local terms” means, in relation to a collective agreement, the terms and conditions of the collective agreement that are not central terms; (“conditions négociées localement”)

“Minister” means the Minister of Education or such other minister to whom the administration of this Act is assigned under the Executive Council Act; (“ministre”)

“Ministry” means the Ministry of the Minister; (“ministère”)

“Provincial Schools Authority” means the Provincial Schools Authority continued by section 2 of the Provincial Schools Authority Act; (“Administration des écoles provinciales”)

“school board” means a district school board and, unless the context requires otherwise, includes a school authority, the Provincial Schools Authority and the Centre Jules-Léger Consortium; (“conseil scolaire”)

“teachers’ bargaining unit” means a bargaining unit described in section 5; (“unité de négociation d’enseignants”)

“trustees’ association” means l’Association des conseils scolaires des écoles publiques de l’Ontario, l’Association franco-ontarienne des conseils scolaires catholiques, the Ontario Catholic School Trustees’ Association or the Ontario Public School Boards’ Association. (“association d’employeurs”) 2017, c. 3, s. 1 (1-3); 2017, c. 34, Sched. 12, s. 14 (1).

Local bargaining

(2) In this Act, local bargaining refers to collective bargaining between a school board and a bargaining agent for local terms to be included in a collective agreement. 2017, c. 3, s. 1 (4).

Central bargaining

(3) In this Act, central bargaining refers to collective bargaining between an employer bargaining agency and an employee bargaining agency for central terms to be included in a collective agreement between a school board and a bargaining agent.

School board as employer

(4) Nothing in this Act changes the status of a school board as the employer of its employees.

Section Amendments with date in force (d/m/y)

2017, c. 3, s. 1 (3) - 27/03/2017; 2017, c. 3, s. 1 (1, 2, 4) - 04/05/2018; 2017, c. 34, Sched. 12, s. 14 (1) - 14/12/2017

Application of this Act

3 (1) This Act applies to every school board in Ontario, to the bargaining agents that represent employees of those school boards and to the employees represented by those bargaining agents.

Same

(2) This Act applies to every employer bargaining agency and employee bargaining agency designated under this Act to represent school boards or employees for central bargaining purposes.

Exception, construction industry

(3) Despite subsection (1), this Act does not apply with respect to employees of a school board who are or become bound by a provincial agreement within the meaning of subsection 151 (1) of the Labour Relations Act, 1995 or with respect to a trade union that represents them for collective bargaining purposes.

Crown bound

(4) This Act binds the Crown.

Application of the Labour Relations Act, 1995

4 (1) The Labour Relations Act, 1995 applies with necessary modifications, and with the additional modifications set out in this Act, with respect to the entities to whom this Act applies.

Same, limited application to the Crown

(2) However, the Labour Relations Act, 1995 applies to the Crown only to the extent necessary to enable the Crown to exercise the Crown’s rights and privileges and perform the Crown’s duties under this Act. For all other purposes, subsection 4 (2) of that Act governs the application of that Act to the Crown.

Same re: related employers

(3) Without limiting the generality of subsection (2), subsection 1 (4) of the Labour Relations Act, 1995 does not apply to the Crown.

Same

(4) Under subsection 1 (4) of the Labour Relations Act, 1995, a school board cannot be treated as constituting one employer with a trustees’ association.

Bargaining Units

Teachers’ bargaining units

5 (1) Each district school board and each board established under section 68 of the Education Act has the following teachers’ bargaining units:

1. Elementary school teachers’ unit: One bargaining unit composed of every teacher, other than occasional teachers, who is assigned to one or more elementary schools or to perform duties in respect of such schools all or most of the time.

2. Elementary school occasional teachers’ unit: One bargaining unit composed of every teacher who is an occasional teacher and who is on the board’s roster of occasional teachers who may be assigned to an elementary school.

3. Secondary school teachers’ unit: One bargaining unit composed of every teacher, other than occasional teachers, who is assigned to one or more secondary schools or to perform duties in respect of such schools all or most of the time.

4. Secondary school occasional teachers’ unit: One bargaining unit composed of every teacher who is an occasional teacher and who is on the board’s roster of occasional teachers who may be assigned to a secondary school.

Same, at certain school authorities

(2) Each school authority, other than a board established under section 68 of the Education Act, has the following teachers’ bargaining units, as applicable:

1. French-language teachers’ unit: One bargaining unit composed of every teacher, other than occasional teachers, who is assigned to teach pupils enrolled in a French-language instructional unit or to perform duties in respect of such instructional units all or most of the time.

2. French-language occasional teachers’ unit: One bargaining unit composed of every teacher who is an occasional teacher and who is on the school authority’s roster of occasional teachers who may be assigned to teach pupils enrolled in a French-language instructional unit.

3. English-language teachers’ unit: One bargaining unit composed of every teacher, other than occasional teachers, who is not assigned to teach pupils enrolled in a French-language instructional unit or to perform duties in respect of such instructional units all or most of the time.

4. English-language occasional teachers’ unit: One bargaining unit composed of every teacher who is an occasional teacher and who is on the school authority’s roster of occasional teachers who may be assigned to teach pupils other than those enrolled in a French-language instructional unit.

Same, at the Provincial Schools Authority

(3) The Provincial Schools Authority has one teachers’ bargaining unit composed of every teacher employed by the Authority and, for greater certainty, the bargaining unit does not include occasional teachers.

Same, at the Centre Jules-Léger Consortium

(3.1) The Centre Jules-Léger Consortium has the following teachers’ bargaining units:

1. Teachers’ unit: One bargaining unit composed of every teacher, other than occasional teachers, employed by the Consortium.

2. Occasional teachers’ unit: One bargaining unit composed of every teacher who is an occasional teacher and who is on the Consortium’s roster of occasional teachers. 2017, c. 34, Sched. 12, s. 14 (2).

Same, at Centre Jules-Léger Consortium demonstration school

(3.2) A teacher seconded from another school board to teach at a demonstration school of the Centre Jules-Léger Consortium is a member of the teachers’ bargaining unit, if any, that corresponds to their position at the other school board, and not a member of a teachers’ bargaining unit of the Centre Jules-Léger Consortium. 2017, c. 34, Sched. 12, s. 14 (2).

Appropriate teachers’ bargaining units, deeming

(4) The teachers’ bargaining units are deemed to be appropriate bargaining units.

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 12, s. 14 (2) - 14/12/2017

Combined teachers’ bargaining units

6 (1) Two or more teachers’ bargaining units (the “predecessor bargaining units”) may be combined to establish a single teachers’ bargaining unit if the bargaining agent for each of the predecessor bargaining units is the same and if the school board and the bargaining agent agree.

Discontinuation

(2) A combined teachers’ bargaining unit may be discontinued if the school board and the bargaining agent agree. In that case, the predecessor bargaining units are re-established.

Bargaining units for other employees

7 (1) For employees of a school board who are not included in a teachers’ bargaining unit, the bargaining units are determined under the Labour Relations Act, 1995.

s. 15.1 of the Labour Relations Act, 1995

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