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ARTICLE · 24 NOVEMBER 2022

Arbitrator Awards Teachers Damages Due To Unilaterally Re-allocated Prep Time

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Prior to COVID, the respondent school board structured its secondary school year into two semesters, with four 75-minute periods of instruction per day.

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A labour arbitrator recently awarded damages to Catholic secondary school teachers after finding that a school board did not provide the teachers with requisite daily preparation time in accordance with the collective agreement. In the decision, Ontario English Catholic Teachers' Association v Simcoe Muskoka Catholic District School Board, 2022 CanLII 105333 (ON LA), the arbitrator found that the teachers did receive their full prep time each two week period, but it was not received on a daily basis, as required by the collective agreement.

Article 14.01 F of the collective agreement provided as follows:

F. Non teaching time, exclusive of "on call time", shall be used to provide full time teachers with a minimum of one half of an unassigned teaching period per day, for the purposes of preparation, planning, evaluation and other professional activities.

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