Thread by @osstf

We are at the #OLRB observing case number 1747-19-U - @OECTAProv vs The Crown in Right of @CatholicE - #OECTA argues Ford gov't “pre-empted” negotiations by changing class sizes, violating the labour and school board bargaining act.

thestar.com/politics/provi…

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@OECTAProv @CatholicE The Honorable Bernard Fishbein, Chair of the #OLRB is presiding over the hearing, with representatives from @OECTAProv and the Catholic Trustees Association @CatholicEdu

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@OECTAProv @CatholicE @CatholicEdu Counsel for OECTA is currently reviewing meetings between @OECTAProv and the government during early stages of bargaining during January and February of 2019.

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@OECTAProv @CatholicE @CatholicEdu Focus in on issues discussed during these early meetings - @OECTAProv at the time voiced concerns about class size, FDK, and hiring.

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@OECTAProv @CatholicE @CatholicEdu Questions re: March 15, 2019 Ministry of Education class sizes announcement and the unilateral changes from the original discussions with @OECTAProv regarding FDK, classes, and ongoing consultations with education partners.

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@OECTAProv @CatholicE @CatholicEdu Counsel appears to be making a case that the early discussions were ignored and that the government imposed cuts that were contrary to previous consultations with @OECTAProv

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@OECTAProv @CatholicE @CatholicEdu Representative for @OECTAProv suggests that the place for these discussions is at the bargaining table but that government has imposed changes unilaterally.

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@OECTAProv @CatholicE @CatholicEdu A brief pause in the hearing, with @OECTAProv continuing with arguments after the break.

Balance of argument lies in government's move to changes that are counter to earlier discussions with the union. Laying groundwork for a charge of bargaining in bad faith.

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@OECTAProv @CatholicE @CatholicEdu We are back - @OECTAProv counsel referencing draft Memorandum of Agreement that would have established timelines for negotiations, with "no change" in working conditions until Oct 15, 2019.

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@OECTAProv @CatholicE @CatholicEdu Government instead planned the removal of hundreds of millions of dollars from the education system, and moved ahead with imposed changes, limiting the opportunity to negotiate fairly.

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@OECTAProv @CatholicE @CatholicEdu Date of Aug 24, 2019 was identified by the Crown to have a deal in place that wholly met their desired reductions in GSN funding. @OECTAProv argues deadline was artificial and would lead to unilaterally imposed cuts.

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@OECTAProv @CatholicE @CatholicEdu Draft MOA b/t @OECTAProv + @CatholicEdu included agreed changes to hiring policies (Reg 274) but new Crown proposal came Aug 7 only accepting those changes IF full deal reached by Sept 20, 2019.

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@OECTAProv @CatholicE @CatholicEdu Explanation provided by @OECTAProv rep about how "working group" with @CatholicEdu developed agreements on non-monetary issues, then would forward to central table for formal discussion/consideration, allowing central table to focus on significant monetary issues.

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@OECTAProv @CatholicE @CatholicEdu Gov't came w/ initial pass w/ "reserved, cost offsets to be discussed" re: class sizes, wages, + benefits.

@OECTAProv needed details, Crown provided them re: class sizes + benefits, but @CatholicEdu could not agree to 28:1 prop of Crown, so no details provided.

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@OECTAProv @CatholicE @CatholicEdu Rep for @OECTAProv notes they were given only 30 min warning of changes to Reg 131-12 (class sizes) and that the reps at table for Crown and @CatholicEdu appeared to be as stunned as OECTA.

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@OECTAProv @CatholicE @CatholicEdu "Prior to the reg changes, the aggregate class size was 22. We knew the government was coming looking for a higher class size. Prior to using the regulatory hammer, we had leverage on that issue for bargaining purposes," @OECTAProv rep says at hearing.

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@OECTAProv @CatholicE @CatholicEdu "Rather than bargaining from a position of strength on class size, we were having to bargain out of a hole, due to the regulatory change, just to get back to what we had," says @OECTAProv rep.

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@OECTAProv @CatholicE @CatholicEdu And then, @OECTAProv rep says, "In effect, we lost all our bargaining leverage, and now the process of bargaining has been greatly skewed to favour the government."

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@OECTAProv @CatholicE @CatholicEdu The hearing is in recess until 2pm.

@OECTAProv @CatholicE @CatholicEdu We are back at the hearing - discussion moving to summary material from the government's class size consultation summary documents. Yes, we are talking about THAT class size consultation - it appears as if we'll hear something about contents in the next bit.

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@OECTAProv @CatholicE @CatholicEdu Crown arguing the documents should not be referenced in hearing beyond their existence as documents of discovery. They ask what @OECTAProv could possibly say about the contents - OECTA counsel suggests rep may reflect on OECTA's feeling about the contents.

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@OECTAProv @CatholicE @CatholicEdu Crown is now voicing concerns that there are tech devices here + that "there are people here who are interested in the contents." Honourable Fishbein reminds Crown this is a public hearing.

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@OECTAProv @CatholicE @CatholicEdu Rep for @OECTAProv sharing key responses in the consultation summary about overall class sizes - concerns that moving class sizes to 28:1 will jeopardize safety + security in publicly funded schools. Crown objecting to OECTA presenting contents of report summary.

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@OECTAProv @CatholicE @CatholicEdu Honourable Fishbein says that sharing the responses of stakeholders in the consultations is valid. Says allowing @OECTAProv to review "common themes" that exist in the class size consultations is valid.

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@OECTAProv @CatholicE @CatholicEdu Common themes from:

Teacher Unions - concerns with safety, access to supports, and space use/resources, increased work stress.

Trustee Associations - school space concerns mirror those of T's unions, additional infrastructure costs w/ increased budget concerns.

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@OECTAProv @CatholicE @CatholicEdu Common themes from (con't)

School boards (28) - concerns w providing programming + pathways for student graduation needs, ESL, special ed, differentiated learning needs

Additionally, 6 boards noted their agreement with Trustee Association concerns

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@OECTAProv @CatholicE @CatholicEdu Common themes from (con't):

More from School Boards - any increase in class size will have negative impact on student learning, reduce student-teacher contact time, reduce program planning time, increase educator workload + negatively impact assessment practices
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@OECTAProv @CatholicE @CatholicEdu Common themes from (con't):

Student Trustee Association @OSTAAECO - larger classes (w ave above 21 students) have impact, including, less individualized supports, increased educator workload, less time for critical feedback and extra help for students.

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@OECTAProv @CatholicE @CatholicEdu @OSTAAECO More comments from @OECTAProv about direct email submissions re: full day kindergarten and class sizes. All comments, all, were negative and urged the government to not increase class sizes.

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@OECTAProv @CatholicE @CatholicEdu @OSTAAECO Rep for @OECTAProv reveals that in consultation summary, gov't argues boards can run class aggregate of 28, but ignores the actual results of the consultation and is misleading in terms of offset for smaller classes to be offered to support student needs.

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@OECTAProv @CatholicE @CatholicEdu @OSTAAECO Common themes from (con't):

Key stakeholder groups, including Black Educators Ass'n, Council of Directors, Superintendents Ass'n:

- e-learning will impact electives available
- increased class sizes increases safety issues in tech, arts, + family studies

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@OECTAProv @CatholicE @CatholicEdu @OSTAAECO Rep for @OECTAProv additional comments fr. school boards (fr. class size consultation summary):

"No opportunity offered by these cuts, only opportunity costs"

"No opportunity that we can see when limiting student choice, limited achievement, and career pathways"

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@OECTAProv @CatholicE @CatholicEdu @OSTAAECO Honourable Fishbein says he has to determine if class size consultation results correlate to a violation of labour law re: fair bargaining.
"Is it consistent with the obligations the government imposed on itself through the School Boards Collective Bargaining Act?"
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@OECTAProv @CatholicE @CatholicEdu @OSTAAECO Counsel for @OECTAProv calls class size consultations a "sham process" and denies the bargaining agents the opportunity to fairly bargain.

Honourable Fishbein reminds us gov't hasn't been shy about wanting to save money. Says both sides have their political POV.

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@OECTAProv @CatholicE @CatholicEdu @OSTAAECO Honourable Fishbein says he doesn't have to decide which side is right, but must decide if the actions have impeded bargaining.

@OECTAProv says Min of Ed states consultations inform bargaining, but the results are being ignored by government.

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@OECTAProv @CatholicE @CatholicEdu @OSTAAECO From the class size consultation summary, via @OECTAProv:

70% say "do not increase class sizes"

Calls it a "sham consultation" if the government won't listen to the results. The numbers confirm it.

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@OECTAProv @CatholicE @CatholicEdu @OSTAAECO We are at the end of the @OECTAProv presentation of evidence and are discussing timelines for cross-examination. Crown will cross-examine the OECTA rep at continuation of the hearing on Thursday, February 27.

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