Ontario Labour Relations Board
Dismisses Unions' Case
Teachers' Unions Fight for Right to Participate in Deciding Appropriate COVID-19 Measures
On October 1, the Chair of the Ontario Labour
Relations Board
(OLRB) dismissed the health and safety case of
the unions representing
teachers and education workers on the reopening
of schools during the
pandemic.[1] The ruling was based on jurisdictional
grounds without
the Board hearing substantive evidence. The Chair stated
that the Board's
jurisdiction is limited to appeals of orders
made by inspectors
under the Occupational Health and Safety Act
(OHSA) and that no such order was made by an
inspector, therefore the Board has no
jurisdiction to hear the appeal.
At the end of
August, representatives of Ontario's four major
unions
representing teachers and education workers
issued a request to the
Minister of Labour that orders be made requiring
the Ministry of
Education to set standards around physical
distancing, cohorting,
ventilation, and transportation for a safe
reopening of schools.
Following the
failure of the Ministry of Labour to respond to
their requests, the
Association des enseignantes et des enseignants
franco-ontariens
(AEFO), the Elementary Teachers' Federation of
Ontario (ETFO), the
Ontario English Catholic Teachers' Association
(OECTA), and the Ontario
Secondary School Teachers' Federation (OSSTF),
announced, on August
31, that they would appeal to the
Ontario Labour Relations
Board (OLRB). The appeals argue that the
Ministry of Education's "Guide
to Re-Opening Ontario's Schools" does not take
every reasonable
precaution to protect workers, as required by
Section 25(2)(h) of the
OHSA. This section of the Act says that an
employer must "take every
precaution reasonable in the circumstances for
the protection of a
worker."
While the OLRB refused to hear the unions'
evidence on the basis
that it has no jurisdiction to do so, the OLRB
Chair, in his ruling,
lectures the unions that the Ministry of
Education did not agree with
the union proposals at the Provincial Working
Group -- Health and
Safety, which is the body mandated to "review
health and safety issues
with system-wide application and make
recommendations to the Ministry
of Education and Ministry of Labour" or in any
other forum.
He also states that as far as the Ministry of
Education's guide that
was made available to schools and school boards
is concerned, the
Ministry did not represent it as a document that
was to conform to the
requirements of the OHSA. He said that the OHSA
was never intended as a
vehicle for a system-wide or province-wide
remedy.
Standards That the Unions Are Seeking
The provincial standards that the unions are
demanding include:
- That class size be set at 15-20 students,
wherever two-metre distancing cannot be
maintained in a given classroom.
- That cohorts
for student-to-staff contacts be set at 50 and
be applicable not just to students but also
staff.
- That the "School and
University Reopening Standards" of the American Society of Heating,
Refrigerating and
Air-Conditioning Engineers be set as the minimum standards for ventilation
in schools and other
education
- That the busing and transportation standards of the Ontario Public Services Health and
Safety Association be set as
the minimum standards for
busing and other forms of student
transportation.
- That all students be required to wear
non-medical masks at all
times during the school day, subject to
reasonable exceptions for
medical accommodations, as masking is
fundamental to safety in this
pandemic, and
- That all standards ordered by the Ministry of
Labour in respect to
COVID-19 be reviewed every month for continuing
compliance with the
best science available at the time and be
replaced by more stringent
standards as the science dictates.
Challenges Facing Working People
Based on the
October 1 ruling from the OLRB, the teachers and
education workers have no recourse to get
province-wide standards
through the Ministry of Labour, the Ministry of
Education, the state
agencies pertaining to the health and safety of
the people, or the OHSA
itself.
This reveals that our so-called democratic
institutions do not
enable, but block working people from
participating in making decisions
about the affairs of society. By fighting to be
involved in setting
standards for safe schools during this pandemic,
teachers and education
workers have brought to light something very
fundamental about the way
our society is organized to marginalize and
disempower the polity.
Things need to change.
Ontario educators are not alone. In Quebec, the
Superior Court
recently defeated an application by the
Autonomous Teachers' Federation
(FAE) for an interim injunction to force the
Quebec government to
inform the FAE and Quebeckers of its plan for
accelerated COVID-19
testing in the school system because there is no
such plan! The Court
goes further by supporting the claim of the
government that such a plan
for the school system would favour the teachers
at the expense of rapid
testing for all and would force a reallocation
of resources that would
be detrimental to other sectors of society,
especially its most
vulnerable members.
What Do Workers Make of This?
Our society is in a serious crisis. The
pandemic is not even the
half of it. Blocking the people from
participating in making decisions
that affect society, such as how to safely
reopen and operate schools,
exacerbates the already existing crisis of
confidence and credibility
of our unrepresentative democracy and its
institutions. Once truth
about a
situation is revealed, it cannot be erased from
our collective
consciousness. There is no going back. Profound
changes are needed.
Notes
1. Ontario Labour
Relations Board Case No: 1228-20-HS; Case No:
1236-20-HS; Case No: 1239-20-HS; and Case No:
1240-20-HS
This article was published in
![](http://cpcml.ca/WF2019/Articles/WFBanner300.jpg)
Number 69 - October 13, 2020
Article Link:
Ontario Labour Relations Board
Dismisses Unions' Case: Teachers' Unions Fight for Right to Participate in Deciding Appropriate COVID-19 Measures
Website: www.cpcml.ca
Email: editor@cpcml.ca
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