ETFO: Bill 122 – An Overview

October 31, 2013

ETFO: Bill 122 – An Overview

On October 22, 2013, the Ontario Minister of Education introduced new provincial bargaining legislation referred to as the “School Boards Collective Bargaining Act, 2013,” or Bill 122.

Key Features of Bill 122

  • Two-tiered (i.e., central and local) bargaining for teachers and occasional teachers locals
  • Potential central bargaining for DECE, ESP, and PSP locals
  • Notice to bargain may be served up to 270 days before a collective agreement expires
  • ETFO is designated as the employee bargaining agency for central negotiations
  • OPSBA is designated as the employer bargaining agency for central negotiations
  • Ability to resolve disputes about central items through the Ontario Labour Relations Board
  • No prohibitions on the right to strike both centrally and locally
  • A duty of the parties at the central table to bargain in good faith

ETFO’s Concerns About Bill 122

  • The government status as a “non-party”
  • OPSBA’s duty to act in good faith
  • The provisions governing the government’s obligation to bargain in good faith and adhere to fair labour practices
  • The scope of ministerial ability to reserve items for the central table
  • The term of collective agreements
  • The timelines for serving notice to bargain
  • The process for grievance arbitration
  • The restrictions on arbitrators
  • The threshold to represent support workers at a central table
  • The ratification processes

Bill 122 must pass through a number of additional steps before it is proclaimed as legislation. During that time, ETFO will continue to analyse Bill 122 and provide further input to clarify and strengthen collective bargaining rights contained in the proposed legislation.

Please visit the ETFO website for a complete overview of Bill 122.