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Labour - The Unions. Ontario English Catholic Teachers Association v. Ontario (Attorney General)
In Ontario English Catholic Teachers Association v. Ontario (Attorney General) (Ont CA, 2023) the Court of Appeal considered (and mostly denied) a Crown appeal from a successful lower court Charter s.2(d) ['freedom of association'] application by unions and employees associations against Ontario legislation ['Protecting a Sustainable Public Sector for Future Generations Act, 2019' (PSPSFGA)] limiting public sector salary raises by statute.
In this quote, the court sets out a useful characterization of several main Ontario union and employees associations, here in a s.2(d) Charter challenge to wage restraint legislation:C. THE RESPONDENTS
[31] There were ten groups of respondents on the appeal. While the respondent organizations[2] represent employees that fall within the scope of the Act, they are not all similarly situated. They work in different sectors, including education, health and energy. In addition, some of their members are directly employed by the province, whereas others are employed by other bodies that fall within the scope of the Act; therefore, in some cases, the collective bargaining takes place directly with the province and in other cases it takes place with an employer other than the province. Finally, some of the respondents’ members work for employers that are fully funded by the province, partially funded by the province and, in some cases, not funded by the province at all.
[32] In order to highlight these differences, it is helpful to provide a brief description of each organization:a. Ontario English Catholic Teachers Association (“OECTA”): OECTA is the designated bargaining agent for teachers employed by the English-language Catholic district school boards in Ontario. While the members of OECTA are employed by their individual school boards, OECTA participates in a process of “central bargaining” with the Crown and school boards over significant issues, such as salary increases.
b. Ontario Secondary School Teachers’ Federation/Fédération des enseignants-enseignantes des écoles secondaires de l’Ontario (“OSSTF”): OSSTF is the designated bargaining agent for secondary school teachers employed by the English-language public district school boards in Ontario. It also represents a variety of other education workers employed by both French and English school boards. While these OSSTF members are employees of their respective school boards, like OECTA, OSSTF participates in a process of “central bargaining” with the Crown and school boards over significant issues. In addition to its school board members, OSSTF also represents members who work for employers offering transportation services to school boards and members who are non-teaching employees at some universities.[3]
c. Elementary Teachers’ Federation of Ontario (“ETFO”) and l’Association des enseignantes et des enseignants franco-ontariens (“AEFO”): ETFO is the designated agent to bargain on behalf of English-language elementary teachers in Ontario as well as certain other education workers, such as early childhood education workers and professional support personnel. AEFO is the designated bargaining agent for all public and Catholic French-language elementary and secondary school teachers in Ontario. While the members of ETFO and AEFO are employees of their respective school boards, ETFO and AEFO also participate in a process of “central bargaining” with the Crown and school boards.[4]
d. Ontario Nurses’ Association (“ONA”): ONA represents registered nurses, nurse practitioners, registered practical nurses, personal support workers and other health care professionals across Ontario. ONA’s members work in a variety of settings, including hospitals, long-term care homes and community health clinics.
e. Ontario Federation of Labour (“OFL”): OFL’s application was brought on behalf of several organizations, including OFL, the Canadian Union of Public Employees (“CUPE”), the Association of Management, Administrative and Professional Crown Employees of Ontario (“AMAPCEO”) and various university faculty associations. These organizations represent a broad variety of employees in different sectors, including hospitals, long-term care, social and community services, education, universities, transportation, the justice system and the Ontario Public Service.[5]
f. Ontario Public Service Employees Union (“OPSEU”): OPSEU represents a broad range of workers who work in the Ontario Public Service or who are employed by broader public sector employers. They include cleaning staff, personal support workers, college professors, office administrators, correctional officers and education assistants.[6]
g. Unifor: Unifor represents employees in the private and public sector. The public sector workers Unifor represents work in a variety of areas, including health care, social services and education.
h. Society of United Professionals, Local 160 of the International Federation of Professional and Technical Engineers (“Society” or “Society of United Professionals”): The Society represents employees in the energy sector who work for Ontario Power Generation (“OPG”), the Independent Electricity System Operator (“IESO”) and the Ontario Energy Board (“OEB”). The Society’s members include professionals, such as engineers, accountants, lawyers and managers. The Society bargains with OPG, IESO and OEB, which are self-funded and receive no funding from the province.
i. Power Workers’ Union (Canadian Union of Public Employees, Local 1000) (“PWU”): PWU represents employees in the energy sector who work for OPG and IESO as well as other entities not subject to the Act. Its members work in clerical, technical and skilled trade positions. As with the Society, PWU bargains with OPG and IESO, which, again, are self-funded and receive no funding from the province.
j. Carleton University Academic Staff Association: The Association represents faculty members, librarians and instructors employed by Carleton University. The members of the Association are employed by Carleton and their collective bargaining agreement is with Carleton. The province provides funding grants to Carleton, which covers 30 to 35% of its budget. However, the province does not directly fund the compensation paid to the Association’s members.
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