Community News
EFTO reminds the Ford Government of its legal obligation to honour central agreements
BY PAUL JUNOR
The 83,000 strong Elementary Teachers’ Federation of Ontario (ETF0) has consistently fought for the rights of its workers. Prior to the settlement reached with the Ontario government, it has brought attention to pertinent issues that need focus.
On Tuesday May 22nd, 2024, it issued a press release in which details are described of its application with the Ontario Labour Relations Board (OLRB) regarding an unfair labour practice complaint against the PC-led provincial government. It is specifically related to actions taken by the government with respect to the April 28th, announcement of changes made by Ontario Education Minister Stephen Lecce to Programs/Policy Memorandum (PPM) 128: The Provincial Code of Conduct and School Board Codes of Conduct.
PPM 128 is a part of subsection 301(1) of Part XIII of the Education Act, which recognizes that the Minister may establish a Code of Conduct governing the behaviour of all persons in schools. This memorandum must be interpreted alongside others such as PPM 119, PPM 120 and PPM 145: Progressive discipline and promoting student behaviour. The overall purpose of PPM 128 is to create a positive climate that supports the achievement and well-being of all students in Ontario and respects all human rights.
There are seven purposes of the Provincial Code of Conduct, which are listed including:
- To ensure that all members of the school community, especially people in positions of authority, are treated with respect and dignity
- To promote responsible citizenship by encouraging appropriate participation in the civic life of the school community
- To maintain an environment where conflict and difference can be addresses in a manner characterized by respect and civility
- To encourage the use of non-violent means to resolve conflict
- To promote the safety of people in the schools
- To discourage the use of alcohol, illegal drugs and, except by a medical cannabis use, cannabis
- To prevent bullying in schools
President Karen Brown of ETFO notes in the press release, “We have begun a formal process to remind the Ford government of its legal obligation to bargain in good faith, and to respect and honour central agreements. The Ford government reneged on its commitments to ETFO at the central bargaining table; they simply cannot be trusted. We intend to fight these unprincipled actions-actions that, time and time again, attack workers’ rights.”
The press release identifies two areas that were crucial in the last round of the central bargaining process. These include:
- Addressing increasing violence
- Disruption in schools
The persistent advocacy of ETF0 led to several positive outcomes at the central bargaining process. These include publicly facing school signage that communicates behaviour expectations for everyone, as well as jointly developed revisions to PPM 128 to address: behaviour, consequences, and safety.
ETFO is concerned that the provincial government has not kept its side of the bargain but has retracted its steps and proven untrustworthy. President Brown elaborates, “Despite having committed to a collaborative process and meeting with ETFO on two brief occasions and agreeing to a third-party meeting prior to the release of the revised PPM, the government acted in bad faith, proving again that they are not interested in partnering with educators to address violence in schools.
We left the bargaining table committed to working together. True to form, the government was never interested in being a partner. It misrepresented its intentions, dismissed our expertise, and chose to ignore labour laws. The Ford government cannot be trusted.”
ETFO references Section 32 of the School Boards Collective Bargaining which emphasizes the importance of good faith as a critical element in central bargaining. The press release notes, “This includes a duty to avoid misleading or misrepresenting its intentions with respect to contemplated initiatives. These were violated by the government’s conduct.”
In a written statement from Isha Chaudhuri, spokesperson for Education Minister Stephen Lecce, he states, “Parents have been clear in their support for removing distractions like cellphones and social media and cracking down on students vaping at school, given the negative impacts these have on the academic achievement and mental and physical health of students. This common-sense policy will help reduce behavioral issues in the classroom and increase students’ health and well-being, and it is disappointing that this teacher union opposes it.”