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ARTICLE · 01 JUNE 2015

OLRB Rules Local Strikes Unlawful, While Government Proceeds With Back-To-Work Legislation

Borden Ladner Gervais LLP
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On May 26, 2015, the Chair of the Ontario Labour Relations Board (the "OLRB"), Mr. Bernard Fishbein, released his decision declaring the local strikes in three public school boards, Durham, Sudbury (Rainbow) and Peel unlawful.

CanadaEmployment and HR

On May 26, 2015, the Chair of the Ontario Labour Relations Board (the "OLRB"), Mr. Bernard Fishbein, released his decision declaring the local strikes in three public school boards, Durham, Sudbury (Rainbow) and Peel (the "affected boards") unlawful. He imposed a two-week moratorium, after which local strikes at the affected boards could lawfully resume. On May 28, 2015, the government passed back-to-work legislation which supersedes the moratorium and prohibits strikes for the remainder of the school year.

Students in Durham have been out of school since April 20, 2015, some six weeks. Sudbury students at Rainbow District School Board have been off since April 27, 2015 and Peel students have been out of the classroom since May 4, 2015.1 In total, the local strikes have kept more than 74,000 high school students from attending school at the affected boards.

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