School Boards Successful In Recent Arbitrations: No Jurisdiction For Arbitration Panels

In two very recent separate grievance arbitrations (Alberta and Ontario), arbitration panels dismissed each grievance for lack of jurisdiction under teacher-related statutory and negotiated framework ("Framework") structures which governed teacher collective bargaining as well as teacher collective agreements.

On November 21, 2016, in Buffalo Trail Public Schools Regional Division No. 28 v. ATA (November 21, 2016), the Arbitration Panel dismissed a grievance filed by the ATA relating to a teacher work load grievance which alleged that the Buffalo Trail School Board had breached the Teacher Workload Ministerial Order (August 28, 2013).

The preliminary issue at the grievance arbitration hearing was whether the Arbitration Panel had the authority to hear the grievance under the collective agreement. The Alberta legislation and related Framework dealt with a number of teacher workload issues such as limits on teacher instruction time and teacher professional