Ontario's early learning initiative has opened the educational system to an influx of new professionals. Before this Fall, only a very few Ontario school boards employed early childhood educators (ECEs). As of September 2010, all boards do. This Fall, in nearly 600 Ontario schools, teachers and ECEs are working together throughout each school day to offer full-day kindergarten programs. This number will increase as the program is phased-in. In addition to the full-day kindergarten initiative, ECEs are now employed in many school boards to provide integrated before-and after-school programs within elementary schools.
This influx of ECEs into the educational system presents interesting labour relations issues. This is because the great majority of school boards (all but approximately 8 of them) had not established salary grids or other terms and conditions of employment for ECEs until very recently.
In some boards, ECEs will fall within existing bargaining units commonly referred to as "all employee" units, for which collective agreements for 2008- 2012 have already been signed. In those boards, it will be important to ensure that existing collective agreement terms respecting hours of work and other working conditions are appropriate, or, if they are not, to negotiate collective agreement amendments or a letter of understanding which will allow ECEs to perform their duties.
The Ministry of Education has facilitated a framework within which boards can accomplish this goal. A Provincial Discussion Table (PDT) Agreement was signed between the four trustee associations and the five trade unions which, as at June 24, 2010, held representation rights for one or more ECE groups within the province. The province agreed to fund a "Qualifications and Experience" (Q&E) grid, over and above its salary benchmark for ECE salaries (set at $19.48 per hour). School boards with unionized ECEs represented by the Association des enseignantes et des enseignants franco-ontariens, the Canadian Office and Professional Employees Union, the Canadian Union of Public Employees (CUPE), the Ontario Secondary School Teachers' Federation (OSSTF) and the Service Employees International Union may access this Q&E grant by entering an agreement (a) to pay ECEs according to a salary grid specified in the PDT Agreement, and (b) ensuring that full-time ECEs are offered at least 194 working days per school year.
The fact that an agreement is required effectively provides an opportunity for boards to ensure that the terms and conditions of employment contained in any applicable collective agreement are appropriate for this new employee group.
In boards where ECEs do not fit within existing bargaining structures, there has been a flurry of union organizing activity. The Elementary Teachers' Federation of Ontario (ETFO), OSSTF, CUPE and other groups are conducting organizing campaigns seeking to represent ECEs. ETFO has filed an application with the Ontario Labour Relations Board, alleging that the Ministry of Education, all the province's school boards and its four trustee associations committed an unfair labour practice when the PDT Agreement was signed because ETFO was not involved in the discussions leading to that agreement.
School boards, where new collective agreements are negotiated specifically for ECEs, will have access to the Q&E grant upon entering an agreement with a union which is a party to the PDT Agreement, under which they commit to placing ECEs on the salary grid specified in the PDT Agreement.
Eric Roher and I were participants at the discussions which led to the PDT Agreement. If you have any questions about the PDT Agreement, or about how it might apply in your particular context, please feel free to contact either of us.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
