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ARTICLE · 30 APRIL 2025

Qualifications Over Functions: Teacher Bargaining Units Redefined

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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")...

CanadaEmployment and HR
Anthony Panacci
Anthony Panacci
Kyla Yasmin Tabibzadeh
Kyla Yasmin Tabibzadeh
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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.

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