To: ETFO STEWARDS From: SHARON O’HALLORAN, GENERAL SECRETARY 2019–2020 STEWARDS’ MAILING # 4 January 7, 2020 READ the Stewards’ Mailing electronically @ etfo.ca YOU ARE HERE: ETFO’s Collective Bargaining Process Chart – ETFO’s Collective Bargaining Process chart outlines the legal framework within which central and local bargaining occurs under the School Boards Collective Bargaining Act. Please post this chart in your staff room and use the enclosed “You are Here” post-it notes to highlight the most current steps in the bargaining process. For more information, or to obtain additional copies of ETFO’s Collective Bargaining Process chart, please contact Lisa Mastrobuono, extension 2512, [email protected], at the provincial office. Little Children, Big Learning Pamphlet – ETFO has created a new Kindergarten pamphlet – Little Children, Big Learning, which highlights the current learning model for Ontario’s Kindergarten program, with a certified teacher and a designated early childhood educator (DECE) working together. Ontario’s Kindergarten program was designed by education experts, and it has proven to be a successful learning program, a model for other jurisdictions to follow and a fundamental piece of our world-class education system. The pamphlets are available for free from ShopETFO shop.etfo.ca #KindergartenWorks Black History Month –The 2020 ETFO Black History Month Poster is a visual representation of a Toni Morrison quote using several themes within the African-Canadian experience from the past and present while providing an insightful look into our future. This concept integrates elements of colour while using Afrofuturism to recognize the historic Black communities of Africville, Nova Scotia and Hogan’s Alley, British Columbia. The central image is a young Muslim woman wearing a hijab which is representative of the modern-day Canadian experience in various urban areas across the province.
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To: ETFO STEWARDS From: SHARON O’HALLORAN, GENERAL SECRETARY
2019–2020 STEWARDS’ MAILING # 4
January 7, 2020
READ the Stewards’ Mailing electronically @ etfo.ca
YOU ARE HERE: ETFO’s Collective Bargaining Process
Chart – ETFO’s Collective Bargaining Process chart outlines the
legal framework within which central and local bargaining occurs under the School Boards Collective Bargaining Act. Please post this chart in your staff room and use the enclosed “You are Here” post-it notes to highlight the most current steps in the bargaining process. For more information, or to obtain additional copies of ETFO’s Collective Bargaining Process chart, please contact Lisa Mastrobuono, extension 2512, [email protected], at the
provincial office.
Little Children, Big Learning Pamphlet – ETFO has created
a new Kindergarten pamphlet – Little Children, Big Learning, which highlights the current learning model for Ontario’s Kindergarten program, with a certified teacher and a designated early childhood educator (DECE) working together. Ontario’s Kindergarten program was designed by education experts, and it has proven to be a successful learning program, a model for other jurisdictions to follow and a fundamental piece of our world-class education system. The pamphlets are available for free from ShopETFO shop.etfo.ca #KindergartenWorks
Black History Month –The 2020 ETFO Black History Month
Poster is a visual representation of a Toni Morrison quote using several themes within the African-Canadian experience from the past and present while providing an insightful look into our future. This concept integrates elements of colour while using Afrofuturism to recognize the historic Black communities of Africville, Nova Scotia and Hogan’s Alley, British Columbia. The central image is a young Muslim woman wearing a hijab which is representative of the modern-day Canadian experience in various urban areas across the province.
ETFO Validation Stickers 2020 – We are including fifteen (15)
stickers in this month’s mailing. You have not received enough stickers for each ETFO member in your school or worksite. These stickers are to be made available to members who have opted for the electronic version of Voice and therefore did not receive a sticker. You may also find that some members recycled their magazines before retrieving their sticker. For further details please see the attached memorandum.
Postcards for Stewards – Stewards are an important pillar of
our union. During Collective Bargaining you help keep ETFO strong. It’s time to ensure ETFO has your personal contact information. Visit etfo.ca/link/steward to get connected.
ETFO website view only – PRS Matters Volume #106
Workers’ Compensation for Chronic Mental Stress – This
PRS Matters Bulletin reviews the requirements for entitlement to benefits from the Workplace Safety and Insurance Board for chronic mental stress.
ETFO STEWARDS INFORMATION Please direct your members to the ETFO WEBSITE to find the Stewards’ Mailing Cover Memo and its links:
etfo.ca > About ETFO > Publications > Stewards’ Mailings IMPORTANT: To change the number of members at your work site – Contact: Member Records at 1-888-838-3836 or [email protected]
The number of members within your school, on file at ETFO, appears in the top corner of the address mailing label.
ITEMS:
1. BARGAINING POSTER2. LITTLE CHILDREN, BIG LEARNING PAMPHLET3. BLACK HISTORY MONTH
SO:JD:JS:AA
4. ETFO VALIDATION STICKERS 20205. POSTCARDS FOR STEWARDS6. PRS MATTER VOLUME #106 (to be mailed separately)
NOTICE TO BARGAINUnder the School Boards Collective Bargaining Act, only ETFO and the employer bargaining agency (OPSBA or CTA) can give notice to bargain. The provincial government is required to participate in central bargaining.
Central and/or local strike votes may take place within 30 days of the expiry of a collective agreement, or any time after a collective agreement expires.
2.PARTIES MEET TO DETERMINE
CENTRAL TABLE ITEMSMeetings between ETFO and the employer bargaining agency should result in a central list of bargaining items. Disputes about the central list are referred to the Ontario Labour Relations Board.
3.CENTRAL NEGOTIATIONS BEGIN
LOCAL NEGOTIATIONS BEGINCentral and local negotiations occur at separate tables. However, both central and local bargaining take similar paths depending on whether bargaining is successful or unsuccessful.
4. REQUEST FOR CONCILIATIONThe Minister of Labour appoints a Conciliator upon either party’s request for assistance.
5.“NO BOARD” REPORT
If conciliation is not successful, the Minister of Labour issues a “no board” report. An expired collective agreement continues to remain in effect and cannot be unilaterally changed until seventeen days have passed after the “no board” report has been issued.
6.
STRIKE / LOCKOUTSeventeen days after the date of the Minister’s “no board” report, ETFO is in a legal strike position provided a strike vote has taken place and a majority of the votes cast are in favour of strike action. At this time the employer bargaining agency involved in central bargaining, or the school board involved in local bargaining, can engage in a lock-out or change the terms and conditions of a collective agreement.
Notice must be given before strike action, lock out or changes to the collective agreement can occur.
During this period, bargaining may continue to take place.
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RATIFICATIONA tentative local agreement must be approved through a secret vote of local members and by the school board’s trustees.A tentative central agreement must be approved through a secret all-member vote. In accordance with ETFO bylaws, approval requires a double majority vote.
ENFORCEMENTBoth central and local agreements must be ratified before a collective agreement is in effect. Once in effect, implementation and ongoing enforcement of the collective agreement occurs.
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#KindergartenWorks
#KindergartenWorks
TAKE ACTION ATBuildingBetterSchools.ca/Kindergarten
Text KIDS to 647-560-8615
Maintaining and investing in the current Kindergarten program, including the certified teacher/DECE team is critical to ensuring that Ontario’s youngest students get their very best start.
Join us in protectingKindergarten with a full-time teacher and a DECE
Little Children, Big Learning
The teacher and DECE team make Kindergarten work
Ontario’s Kindergarten Program: A Success StoryThe current learning model for Ontario’s Kindergarten program, with a certified teacher and a designated early childhood educator (DECE) working together, gives children and their families the start to school that they need.
Research shows that the partnership between a certified teacher and a DECE provides lasting benefits in reading, writing, numeracy, self-regulation and social skills and it “has shown major results when it comes to children’s social, emotional and cognitive development.”1
Ontario’s Kindergarten program was designed by education experts, and it has proven to be a successful learning program, a model for other jurisdictions to follow and a fundamental piece of our world-class education system.
1Charles E. Pascal, Full-day Kindergarten – The Best of What We Imagined is Happening, The Conversation, March 5, 2019
Kindergarten Works Why Change It?
The full-time certified teacher and DECE team is essential to the Full-Day Kindergarten program.
Teachers have knowledge and understanding of the elementary school curriculum from Kindergarten to grade 8, and how the Kindergarten program expectations connect to later elementary grades. Teachers graduate from both university and a faculty of education program and are certified to teach by the Ontario College of Teachers.
Teachers know how to build upon the foundation provided in Kindergarten and are responsible for student learning, long-term planning, effective instruction, formative assessment and have the ultimate responsibility for evaluation and formal reporting to parents.
Most people understand the importance of teachers in Kindergarten classrooms. Seventy-six per cent of Ontarians agreed that there needs to be a full-time teacher in every Kindergarten class.
Designated early childhood educators have knowledge and understanding of the developmental learning needs of young children. DECEs study early childhood development and focus on age-appropriate program planning, thus providing engaging
Ontario’s Kindergarten program works. The certified teacher and DECE each bring specialized knowledge and skills to foster the development and growth of every student. Together they build personalized relationships with individual children and focus on each child’s safety and well-being.
Despite all the evidence showing the program works, the Ford Conservative government is considering damaging changes to Kindergarten; including the possibility of reducing or even eliminating the role of teachers in the classroom.
opportunities and experiences for children that contribute to the assessment of their learning. DECEs graduate from community college and/or university and are registered to practice with the College of Early Childhood Educators.
Seventy-one per cent of Ontarians agree that the team of a certified Kindergarten teacher and DECE is important to the success of the program.
Date: January 2020 Volume #106
Workers’ Compensation for Chronic Mental Stress
On January 1, 2018 amendments to the Workplace Safety and Insurance Act covering chronic mental stress came into effect. As a result of those amendments, members may be entitled to benefits from the Workplace Safety and Insurance Board for mental health injuries caused by a “substantial work-related stressor.” Chronic mental stress is distinct from the other types of mental health injuries that are covered by the WSIB. Traumatic mental stress and mental health conditions that result from work-related injuries or accidents are governed by different WSIB policies and have different criteria for entitlement. The requirements for entitlement to chronic mental stress are set out in WSIB Operational Policy Document No.15-03-14, “Chronic Mental Stress.” The most important aspects of that policy are discussed below.
Chronic mental stress Chronic mental stress is a mental health injury caused by a “substantial work-related stressor.” A “work-related stressor” may include multiple distinct work-related stressors or a series of related work-related stressors. For a stressor to be “substantial”, it must be “excessive in intensity and/or duration in comparison to the normal pressures and tensions experienced by workers in similar circumstances.” It is not clear what it means for a stressor to be “excessive in intensity or duration.” The Chronic Mental Stress policy does not define “excessive.” The policy gives only two examples of substantial work-related stressors:
• workplace harassment; and
• jobs with a high degree of routine stress where the person had responsibility for matters of life and death and/or routinely worked in extremely dangerous circumstances.
These two examples suggest that there is a high threshold for something to be considered a substantial work-related stressor.
DSM diagnosis required To get entitlement for chronic mental stress, one must have a diagnosis under the criteria set out in the Diagnostic and Statistical Manual of Mental Disorders (DSM). The DSM is the authoritative guide to the classification and diagnosis of mental disorders. Diagnoses that may support claims of chronic mental stress include:
• acute stress disorder;
• posttraumatic stress disorder;
• adjustment disorder; or
• an anxiety or depressive disorder.
Members experiencing work-related mental stress should therefore make sure that they seek mental health treatment as soon as possible. Taking prompt steps to get treatment will be particularly important for members who live in regions with limited access to mental health services.
The work-related stressor must be the “predominant” cause For entitlement under the Chronic Mental Stress policy, the work-related stressor must be the “predominant” cause of the mental health condition. A predominant cause is a main or primary cause – it may be outweighed by the combined effect of other factors, but it must be the most significant factor. The predominant cause standard is stricter than that required for WSIB entitlement for any other type of injury. For any other work-related condition, the work-related factors need only be a contributing factor. Because of this stricter standard for causation, it is more difficult to get entitlement for chronic mental stress than other work-related injuries.
Exclusions There is no entitlement for chronic mental stress caused by two common sources of stress:
• interpersonal conflicts; and
• employer decisions or actions related to employment.
The WSIB considers interpersonal conflict between workers and their co-workers, supervisors, or customers to be a “typical feature of normal employment.” Such conflicts are not considered to be substantial stressors unless they amount to harassment or other egregious and abusive conduct. There is no entitlement for stress caused by employer decisions or actions relating to employment. This includes employment-related managerial decisions like changing the work to be performed, changing the working conditions, or disciplining employees. Members should be aware that WSIB claims for chronic mental stress caused by interpersonal conflicts or school board employment-related decisions be denied.
Reporting chronic mental stress injuries To report a chronic mental stress injury to the WSIB, one must complete a Form 6. This is the same form used to report all injuries to the WSIB. It is not specifically designed for mental stress claims and some of the questions and answer options do not apply neatly to mental health injuries. Members should do their best to fill out the Form 6 and clarify their answers as necessary in the allotted space at the end of the form for additional information. Members seeking entitlement for chronic mental stress will also be required to identify the specific events that caused their mental stress. Members should identify these events in the “Additional Information” section of the Form 6 and consider attaching any relevant documentation.
JS:MMC
For more information, access A Member’s Guide to the Workplace Safety and Insurance
board at www.etfo.ca/supportingmembers/employees/pages/wsib.aspx
If you have further questions or concerns, contact the WSIB Counsellor-on-duty at 1-888-
