The scope of teacher bargaining units under the School Boards Collective Bargaining Act, 2014 was recently considered in an arbitration between the Ontario English Catholic Teachers' Association (the "Association") and the Toronto Catholic District School Board (the "Board"). In the arbitration decision, Arbitrator Fishbein held that there is no "functional requirement" for inclusion in teacher bargaining units under the School Boards Collective Bargaining Act, 2014 (the "Act").
What Happened?
The Association filed a grievance contesting that the Board had filled ten positions with people who were not bargaining unit members. The positions included roles such as the "Coordinator of International and Continuing Education Programs" and the "Chief of Autism", and the positions were all held by individuals who were members of the Ontario College of Teachers with teaching qualifications.
The Association argued that these positions were within the scope of the teacher bargaining unit based on the statutory language of the Act and the qualifications of the individuals in the positions. The Act does not provide a specific definition of "teacher" within its own text but refers to the definition under the Education Act. The Education Act defines "teacher" as a member of the Ontario College of Teachers. Therefore, the Association argued the Act provided merely two criteria for inclusion in the teacher bargaining unit (both of which the disputed positions satisfied, according to the Association):
- The individual must be assigned to an elementary school or performing duties related to such schools; and
- The individual must be a member of the Ontario College of Teachers.
The Board contended that the disputed positions did not perform traditional teaching functions and were not within the scope of the bargaining unit.
What Did the Arbitrator Decide?
Arbitrator Fishbein ruled in favor of the Association, holding that the Act does not impose a functional requirement for inclusion in teacher bargaining units.
Historically, the determination of who falls within a teacher bargaining unit involved consideration of both the qualifications and the actual functions performed by the individuals. In other words, being a qualified teacher was not sufficient on its own; the individual also had to perform duties within the "teaching programme in the broad sense."
However, Arbitrator Fishbein emphasized that the statutory language of the Act designates bargaining units based on qualifications and assignments rather than specific duties. According to Arbitrator Fishbein, the definition of "teacher" and the criteria for bargaining unit membership are clear and unambiguous, focusing solely on the qualifications and the assignment to perform duties in respect of elementary schools.
Arbitrator Fishbein also noted the legislative intent to create a clear and predictable framework for teacher bargaining units, avoiding the fragmentation and uncertainty that could arise from functional criteria.
Takeaways
This decision marks a significant departure from jurisprudence under legislation that pre-dates the Act. School boards in Ontario are encouraged to review their current classifications to ensure that positions have been appropriately classified. School boards are also encouraged to consider the impact of this arbitration decision when making staffing decisions in the future.
