Doug Ford PC-Government ordered to pay $103 Million in damages for interference in ETFO Members bargaining rights

BY PAUL JUNOR

The relationship between the four teachers’ unions and the Conservative government of Doug Ford have not been the best ever since he was elected in 2016.The reduction in services, programs and elimination of specialized initiatives have been significant.

The imposition of Bill 115 in 2012 by the Ontario government is a response to a remedy by the Ontario Superior Court of Justice ruling in April 2016. One of the largest education unions, Elementary Teachers’ Federation of Ontario (ETFO), which represents about 83,000 education workers, revealed the good news in a press release on Wednesday, February 2^nd, 2022. The government was ordered to pay $103 million to the ETFO for damages that resulted from its interference in the collective bargaining process. ETFO as well as several education unions launched a challenge of Bill 115 claiming that it violated its members Canadian Charter of Rights and Freedom as it “Substantially interfered with meaningful collective bargaining” that was going on between the different school boards and the bargaining representatives in the public education sectors.

In a press release, Justice Thomas R. Lederer noted that, “Bill 115 substantially interfered with collective bargaining contrary to s.2 (d) of the Charter.” It notes further that, “The passage of the Putting Students First Act infringed on union members’ right to meaningful collective bargaining under the Charter of Rights and Freedoms.” He also determined that the process that the government engaged in was “Fundamentally flawed.”

The announcement of this news will ensure that members of the ETFO who worked for the board between September 1^st, 2012, and August 31^st, 2014, as well as former workers will be able to obtain remunerations once they are satisfied with certain specific requirements.

Karen Brown, President of ETFO stated in the press release,

“ETFO welcomes today’s decisions, but we recognize that it does not replace the loss of ETFO members’ bargaining rights, not the sick leave, gratuities, and salary ETFO members lose when the Ontario government-imposed Bill 115. We thank the court for recognizing our members’ constitutional rights were violated by a government who unjustly forced contracts on them, froze their pay and cut sick day provisions, as part of an austerity push. Justice Lederer’s decision serves as a reminder to the government that they must never interfere with collective bargaining rights.”

Members of EFTO who this ruling applies to will find out in the coming days what they will be entitled to with respect to the amount of money that they will receive as part of the settlement. This is a serious blow to the PC-led government, which has faced adverse criticisms over the years from many advocacy groups, activist organizations and union officials for its disregard of the collective bargaining process in its attempts to enforce its austerity programs.

Justice Lederer’s decision will temper the government’s approach as it looks forward to upcoming negotiations among different sectors and the election in June 2022. President Brown observes, “Bill 115 blatantly interfered with lawful collective bargaining activities in the education sector for three years. It puts the actions of the government beyond the review of the Ontario Labour Relations Board, outside the reach of the Ontario Human Rights Commission, and even above the courts. It should never have been introduced.”