Ontario Political Forum

Mass Rally at Ministry of Finance
All Out to Fight Government’s Attack on
Bargaining and Arbitration!

Wednesday, November 28 -- 12:00 noon
7 Grosvenor St, Toronto
To download poster, click here.
Organized by: CUPE Ontario and Ontario Council of Hospital Unions
Buses departing from across the province -- contact CUPE for information:
Misty Gagne, mgagne@cupe.on.ca, 905-739-9739 x 614

Oppose Use of Ministerial Veto
to Impose Austerity Agenda

Votes are taking place this week on the non-freely negotiated tentative agreements arrived at between the Ontario Secondary School Teacher's Federation (OSSTF) and the York Region District School Board, with others to follow across the province. The tentative agreement signed with the York Region District School Board and OSSTF was submitted to the Minister of Education by the school board prior to it being finalized for submission to the teacher bargaining unit for ratification. Under the Putting Students First Act all agreements negotiated between school boards and unions must be submitted to the Minister for approval. It is reported that the OSSTF agreements were submitted to the Minister before ratification in order to ensure school boards that they were not going to defy Bill 115 which contains the requirement for "restrainst measures" to remove $2.19 billion from education.

Even if the tentative agreement is ratified by the members of OSSTF it must once again be formally approved by the Minister for it to take effect. It is important to consider, that with the arbitrary powers contained in the Putting Students First Act, during the period of restraint a Minister-approved collective agreement could even be changed and a new one imposed by the Lieutenant Governor in Council on behalf of the Minister of Education

In response to the submission for approval, Minister Broten stated: "Congratulations to the leadership at both school boards and OSSTF local unions for their focus on finding a pathway forward that meets our fiscal parameters while protecting full-day kindergarten, small class sizes, and teaching jobs.

"These tentative agreements show what's possible when we continue to work with our partners to find solutions that put students first.

"It is important to point out that, under the Putting Students First Act, until the agreements are ratified by the local union membership we will not be able to officially approve them. In advance of any ratification votes, we are seeking points of clarification to further understand the agreements and are working closely with the parties. We have found the process of receiving draft agreements in advance of ratification very useful and hope to use this process for agreements moving forward." (OPF emphasis.)

The workers opposition should consider why the government is trying to bring in these new arrangements for labour relations that place the Minister in a position to approve or disapprove tentative collective agreements. The attempts to make permanent an arbitrary ministerial prerogative is also in line with the Hudak PCs' White Paper which calls for ministerial appointment of arbitrators in interest arbitration for collective agreements with workers who provide what are deemed "essential services." If ministerial approval is required for all future tentative agreements before they are submitted to members for approval it makes a mockery of the decision making authority of the members of a union to decide their wages and working conditions and to negotiate with school boards. Such an arrangement cannot be accepted.

Ministerial veto power over an agreement negotiated between teachers' unions and school boards is an attack on the right of unions and their members, as well as locally elected school boards to play a role in deciding what happens in public education. In this arrangement, the government presents itself as the defender of the public interest against allegedly self-serving unions and irresponsible school boards. This gratuitous attack on unions and school boards is not only irresponsible but self-serving since its sole aim is to take money out of the system to pay the rich under the banner of austerity. The government is interfering in order to guarantee the imposition of the austerity agenda demanded by the rich, not to guarantee the quality of the education system that Ontario requires. Teachers and education workers are defending the public interest, and it is the Minister's dictate that is against the public interest.

Whether these new tentative agreements are "better or worse" than the agreement signed by the Ontario English Catholic Teachers Association (OECTA) should not divert from the essential question of what new arrangements the government is trying to make permanent so as to undermine the ability of teachers and education workers to resist the austerity agenda today and in the future.

Having the Minister usurp decision making authority from union members and from locally elected school boards is not a measure aimed at "protecting gains in the classroom" as the government claims. It is a measure to lay the ground for future cuts to funding for education and those who provide it and to bring in other anti-social arrangements, such as the private delivery of public education, an area of large public expenditure that the monopolies would love to get their hands on. It must not pass!

York Region High School Teachers to
Vote on Tentative Agreement;
More Elementary Teachers Commence Strike Actions

York Region high school teachers in action to oppose Bill 115, at the constituency office of Frank Klees,
MPP for Newmarket-Aurora, November 2, 2012. (OSSTF District 16)

On Monday November 26 an information meeting was held for York Region secondary teachers and occasional teachers about the tentative agreement reached between the Ontario Secondary School Teachers' Federation (OSSTF) and the York Region District School Board negotiators. On November 27 a bargaining unit ratification vote will take place.

The vote will no doubt set the tone for what will take place in other locals and has deep ramifications. OSSTF members across the province are trying to sort out how best to oppose the government's dictate contained in Bill 115 and are watching what takes place in York. Teachers and education workers are arguing out how best to do this in the context of the tentative agreements. A letter issued by some members of the OSSTF local is making the rounds on social media and expresses the concerns they have with the tentative agreement and calls on members to vote against it as a vote against Bill 115. The letter states: "We have nothing to lose if we fight bill 115... voting YES is a loss starting this year. If we don't fight to repeal Bill 115 now, it's not going away... It stays in place for the next 'negotiated agreement' 2 years from now, and so on. It's a bill and it doesn't have a firm expiry date. 90% of us voted to strike a while back... 90% of us need to vote NO to ratification!!!"

OSSTF bargaining units in other Districts who have tentative agreements with their Boards of Education that have also been "pre-approved" by the Minister of Education are expected to follow the York vote with information meetings and ratification votes of their own. If any such "pre-approved" tentative agreement is ratified by both parties it must be sent back to the Minister for final review and approval in keeping with protocols established under the Putting Students First Act. As of November 23, fourteen tentative agreements had been reported between OSSTF bargaining units and Boards of Education.

On Monday November 26 1,340 elementary teachers at the Kawartha Pine Ridge and 1,111 at the Lakelands District School Boards commenced work-to-rule sanctions, joining 5,000 of their counterparts in York Region and 134 in Rainy River who began similar actions last week. Other locals of the Elementary Teachers' Federation of Ontario will start working-to-rule as they reach legal strike positions in the coming days.

Spirited Actions Around the Province

Hundreds of teachers and education workers from all over the Greater Toronto Area (GTA) participated in a militant demonstration in downtown Toronto on November 20 to demand the repeal of Bill 115, the Putting Students First Act. The action took place outside the Westin Harbour Castle hotel where the Ontario Liberal Party was holding a fundraising dinner in honour of Party organizer Greg Sorbara who retired as MPP for Vaughan in August.

Teachers from schools all over the city and the GTA arrived at the rally in busloads, including busses from Durham Region, York Region and Peel Region. More than 300 teachers, education workers and parent/student supporters participated in the action. Their aim was to confront the Liberal Party, including the Liberal leadership race candidates, with the demand to repeal Bill 115. "Kill the Bill! Kill the Bill!" echoed through the downtown streets as the Liberal Party elite and their rich supporters headed into the Harbour Castle for their $750 a plate dinner.

The action was organized by the Elementary Teachers of Toronto (ETT), one of the union locals of the Elementary Teachers Federation of Ontario (ETFO). The demonstration was supported by the other ETFO units and the provincial body. Members of Ontario Secondary School Teachers Federation (OSSTF) District 12 and members of Canadian Union of Public Employees (CUPE) Local 4400 also participated.

On their way into the fundraiser, supporters of some of the so-called moderates running for the Liberal leadership tried to engage the protesters to promote their candidates as friends of teachers. But they were soundly rejected by the teachers who called the so-called moderates to account, "Did Kathleen Wynne vote for Bill 115? Did Eric Hoskins vote for Bill 115?" they asked.

Other Actions

There were also marches and rallies outside MPPs' offices in other places including Kingston, Windsor, Ajax, Rockland and Brantford during the past week. Pictured above, protests at Kingston constituency office of MPP and Attorney General John Gerretsen (left) and at Windsor constituency office of Finance Minister Dwight Duncan, November 23, 2012.

Windsor public forum, November 20, 2012, to discuss the significance of Bill 115 and the importance of everyone
joining in the fight for its repeal. A similar event was held in Hamilton, November 21, 2012.

Canadian Union of Public Employees Holds
Mass Membership Meetings

Throughout last week, the Canadian Union of Public Employees (CUPE) Ontario held mass membership meetings in Kingston, Pembroke, Peterborough, Mississauga, Hamilton and Windsor as part of a growing province-wide campaign against Bill 115 and in defence of the right to collective bargaining for all public sector workers. More of these meetings will be held in the coming week. A listing of events can be found on the CUPE website.

A report on the Hamilton meeting on the CUPE Ontario website informed that members "packed the Steelworkers Hall on Barton Street to say 'No' to government plans to remove democratic rights, and vowed to stand together against existing legislation, Bill 115, which already does this in school boards. With people standing in the aisles, the union launched the region's part in a province-wide campaign to protect workers' democratic rights to collective bargaining and impartial contract arbitration."

CUPE's report noted that "the crowd included many school board workers, who yesterday, delivered a province-wide strike mandate of 88 percent, as well as significant numbers of health care and social service workers, municipal workers and workers at the university who are concerned about future legislative attacks. Much of the evening was spent brainstorming local campaign activities meant to raise public awareness about the importance of protecting collective bargaining and third-party arbitration rights."

The Windsor meeting was attended by CUPE members from a broad variety of public service sectors in the city including City inside and outside workers, day care workers, Children's Aid workers and University of Windsor support staff.

More Boards Call for Repeal of Bill 115

In related news, according to reports on November 28 trustees of the Simcoe District School Board will vote on a motion calling for the repeal of Bill 115 and on December 17 the Hamilton-Wentworth Board will be voting on a motion to repeal or review the Bill, similar to motions passed by the Ottawa Carleton and Bluewater District Boards. It was also reported that the Thames Valley District Board has passed a "formal and urgent request to rescind the legislation" and that the Ontario Public School Boards Association has taken a similar stance.

McGuinty Government's Further Moves Toward
Private Delivery of Public Education

In 2003, the Liberal Party under the leadership of Dalton McGuinty, was elected in Ontario. Their election followed eight years of the Harris Conservative government and the anti-social offensive that the Harris regime wrought on public services, all in the name of paying down the debt and deficit. The media pronounced McGuinty as the "Education Premier"; claiming he would restore the place of public education and that of education workers in Ontario after years of attack and slander. Today the case is being made that in the early years of his government, McGuinty was good for education but that now he and his government have lost their way. A review of the overall direction the Ontario government has taken since 2003 shows that the tactics the McGuinty government has taken then and now may appear to be different but, in the name of "protecting the classroom," the anti-social direction has been the same.

In December 2005, when current Ontario Liberal leadership candidate Gerard Kennedy was Minister of Education, the McGuinty government introduced Bill 52: "an Act to amend the Education Act respecting pupil learning to the age of 18 and equivalent learning and to make complementary amendments to the Highway Traffic Act." The stated aim of the bill was to address Ontario's low high school graduation rate of 68 per cent. Bill 52 allowed for the denial or suspension of a person's driver's licence if they are under 18 and "...unable to prove their regular attendance at school or in a recognized learning program..." Along with the provision to punish students for social problems found in the Highway Traffic Act, amendments to the Education Act were made to offer "equivalent learning opportunities" for Ontario students under the guise of meeting the needs of non-graduating students.

According to the Act, equivalent learning is "a learning situation that falls outside the instruction traditionally provided by a board" where the Minister of Education approves "one or more groups, organizations or entities [...] to provide equivalent learning."

The amendments put in place by the McGuinty government stipulate that the Minister of Education may:

"establish policies, guidelines and standards with respect to equivalent learning and may,

"i. require that boards develop and offer equivalent learning opportunities to their pupils in accordance with the policies, guidelines or standards,

"ii. subject to subsection (2), in accordance with criteria set out in the policies, guidelines or standards, designate groups, organizations or entities that are approved to provide equivalent learning to pupils of a board,

"iii. in accordance with criteria set out in the policies, guidelines or standards, designate programs, courses of study or other activities that are approved for the purposes of equivalent learning"

Aims of Equivalent Learning

Ontario teachers have been advocating for ways to increase resources in education so they can provide "equivalent learning opportunities" for students such as: field trips, camps and other "learning situation[s] that fall outside the instruction traditionally provided by a board." The aim of the amendments to the Education Act by the McGuinty government in 2006 however, were not to increase resources to the public education system. Whose interests are served by these amendments? Whose agenda is being put forward by the McGuinty government?

The amendments laid out in Bill 52 should be viewed in the context of other amendments to the Education Act, such as where boards are subject to provincial takeover based on student achievement outcomes, "in-year deficit," or reasonable grounds to believe there would be an "in-year deficit."[1] By implementing "equivalent learning opportunities" while not increasing funding for public education, the door is opened for public-private partnerships in public education -- and the stage is set for the private for profit delivery of publically financed education all under the control of the Minister of Education.

Bill 52 moved to Second Reading in the spring of 2006, with Sandra Pupatello as Education Minister and Kathleen Wynne as her Parliamentary Assistant. (Wynne took over as Minister of Education in September 2006). Both Pupatello and Wynne are current Liberal leadership candidates. In presenting the legislation at Second Reading Pupatello stated: "The legislation, if passed, would allow school boards to provide learning opportunities to their students in partnership with community groups, the business community, training centres, colleges, universities and other organizations that provide programming for young people. Both school boards and I, as Minister of Education, would be able to enter into agreements with these groups so students can more easily participate in non-traditional educational experiences. I, as Minister of Education, would set criteria and standards for all non-traditional educational experiences."[2]

Educators' Concerns About Bill 52

In response to Bill 52's introduction, the Ontario Secondary School Teachers' Federation (OSSTF) raised concerns about the aims of the amendments and what these might mean in terms of privatization. OSSTF stated: "The Ministry [of Education] wants to expand the number of agencies that grant external credits. They are planning to set policy that would establish standards to approve various organizations to provide credits for equivalent learning. They recognize that by opening the door to external credits they will get applications from a number of institutions including private colleges, private universities, faith-based institutions and private industry and while not necessarily prohibiting these applications, they want to set the standards themselves to maintain control. Once the registry is established it would allow school administrators and the broader public to have access."

"[... The Ministry of Education] anticipate[s] that the first year roll-out [of equivalent learning in 2006] would be more or less voluntary. In 2008, however, participation by all boards would be required."

At the time, the Ontario Teachers' Federation (OTF) -- the organization that represents all teachers in Ontario's publicly funded schools -- also raised concerns, stating that the definition for equivalent learning is "extremely vague" and that "[t]he process for obtaining Ministry approval [to offer equivalent learning credits] should be more than a requirement to obtain a business licence.

"Another concern of the teachers of Ontario in this section of the bill is the silence on accreditation or standards for those who would deliver these equivalent learning programs."

The Ontario Principals' Council -- a voluntary organization made up of principals and vice-principals from publicly funded school boards or government agencies funded by a Ministry -- stated: "...we are pleased to see the concept of equivalent learning as outlined in the Bill. Encouraging students to take part in programs offered by universities and colleges, schools of music and art, apprenticeships, skills training and workplace opportunities is consistent with our belief that all students should be offered opportunities to access learning opportunities that meet their own needs."

The Ontario College of Teachers -- the professional organization that all teachers who teach in Ontario's publicly funded schools are members of and a creation of the Harris government in 1997 -- stated at the time: "[w]hile the College supports the intent of the legislation to encourage students to remain in school, it is concerned that the Bill, if passed in its current form, would have a significant impact on the College's ability to fulfill its statutory mandate to protect the public interest in providing safe learning environments."

"[... T]he amendments proposed under Bill 52 offer no guarantees that equivalent learning opportunities will be supervised by teachers who are members of the College with specialized knowledge and subject to our disciplinary oversight. Further, the Bill provides no mechanism by which to assess and monitor equivalent learning providers or the learning opportunities they provide.

"As a result, the College's commitment to ensure that publicly funded education in this province is delivered by qualified teachers would be compromised."

Time has certainly vindicated these predictions. Now the government is taking more steps to destroy the right to education by defunding the public system and depriving teachers and education workers of the ability to affirm their rights.

1. See Ontario Political Forum, July 26, 2012 - No. 42.
2. Legislature of Ontario Hansard, May 31, 2006.

Oppose Use of Ministerial Veto to Impose Austerity Agenda

Oppose Use of Ministerial Veto to Impose Austerity Agenda

York Region High School Teachers to Vote on Tentative Agreement; More Elementary Teachers Commence Strike Actions

Spirited Actions Around the Province

Other Actions

Canadian Union of Public Employees Holds Mass Membership Meetings

More Boards Call for Repeal of Bill 115

McGuinty Government's Further Moves Toward Private Delivery of Public Education

Aims of Equivalent Learning

Educators' Concerns About Bill 52

Oppose Use of Ministerial Veto
to Impose Austerity Agenda

Oppose Use of Ministerial Veto
to Impose Austerity Agenda

York Region High School Teachers to
Vote on Tentative Agreement;
More Elementary Teachers Commence Strike Actions

Canadian Union of Public Employees Holds
Mass Membership Meetings

McGuinty Government's Further Moves Toward
Private Delivery of Public Education