Arbitrator Rules Requirement For Updated Pastoral Reference Was Reasonable To Ensure Catholicity Of Education

In a decision dated September 24, 2018, Arbitrator Brian Etherington ruled that Durham Catholic District School Board (Board) was permitted by law to impose a requirement for an updated pastoral reference for curriculum chair postings. Arbitrator Etherington decided, however, that the Board violated the collective agreement requirement to consult with the Ontario English Catholic Teachers' Association (Union) before altering the terms of the applicable Administrative Procedure on hiring curriculum chairs. The particular provision required the Board to engage in "significant consultation" with the Union on the administrative procedure and not to alter the policy prior to concluding the consultation.