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ARTICLE · 09 MARCH 2015

No Breaks Without Replacements For Designated Early Childhood Educators

Borden Ladner Gervais LLP
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Both OECTA and the Board framed this issue as one of statutory interpretation.

CanadaConsumer Protection
BLG'S Education Focus Group
BLG'S Education Focus Group
BLG'S Labour & Employment Group
BLG'S Labour & Employment Group
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In Re Windsor-Essex Catholic District School Board and OECTA, 117 CLAS 246, Arbitrator George Surdykowski allowed an OECTA grievance relating to the Board's practice of scheduling breaks for Early Childhood Educators ("ECEs") during the instructional day. In his award, released on January 17, 2014, Arbitrator Surdykowski interpreted provisions of the Education Act and associated Ministry of Education materials that relate to Full-Day Early Learning. He concluded that ECEs may not be scheduled to take breaks during the instructional day "unless appropriate and permissible replacement arrangements are made".

Factual Background

At certain schools in the Windsor-Essex Catholic District School Board (the "Board"), ECEs had breaks scheduled such that they were absent from the classroom during instructional time. There was no replacement ECE provided. When all these breaks were aggregated, the Board's kindergarten and junior kindergarten teachers were obliged to provide

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