First edition - Arbitrators' table

Do teachers have to attend Meet the Teacher Night?

British Columbia teachers argued they no longer had to attend Meet the Teacher Night because it was an extracurricular activity. The British Columbia Teachers' Federation told the arbitrator that Meet the Teacher Night was not a mandatory "meeting" under the collective agreement, but rather was voluntary. The school board countered that the principal had the authority to require teachers attend meetings called by the principal and that included Meet the Teacher Night. The school board also argued the School Calendar Regulation gave the board the authority to shorten a school day for one hour and to schedule a Meet the Teacher evening.

Grievance denied

The teachers' grievance was denied because Meet the Teacher Night did not fall within the collective agreement's definition of 'extracurricular activities'. The arbitrator deemed Meet the Teacher Night a teacher-related duty under the applicable school regulation. Further, both teachers and the board had treated the Meet The Teacher Night as mandatory for years.

British Columbia Public School Employers' Assn. v. Greater Victoria School District No. 61 (Schreck Grievance) [2010] B.C.C.A.A.A. No. 12 (February 1, 2010)

Teacher grieves after 15 tries for positions

A Muslim science teacher filed a grievance after he unsuccessfully applied for 15 positions with the Toronto School Board. The teachers' union argued the teacher wasn't successful because the board was discriminating against him on the basis of his ethnicity, religion and age. The union also argued the school board was refusing to give the teacher the position as reprisal for the teacher having filed a human rights complaint against the predecessor school board. At the hearing, the teacher's principal expressed concerns with the teacher's work performance and was of the view that the teacher lacked leadership skills and failed to integrate into school life. The teacher had repeatedly refused to meet with the interview panel to seek guidance and assistance.

Grievance denied

The grievance was denied. The arbitrator ruled the teacher had been objectively and fairly assessed each time as an unsuitable candidate for the leadership position. Further, the school board had not discriminated against the teacher; did not act in reprisal against him nor did the board breach any human rights legislation.

Toronto District School Board v. Ontario Secondary School Teachers' Federation, District 12 (Discrimination Grievance) [2010] O.L.A.A. No. 66 (February 2, 2010)

Mothball-dispensing bus driver fired

A bus driver who was fired for offering students mothballs instead of candy as joke grieved the school board's decision.

Termination upheld

The arbitrator ruled the bus driver's lack of judgment was incompatible with her duty to make sure students were safe. Further, her conduct reflected an important lack of judgment in relation to the students under the care of the school board. There was an insufficient likelihood the employment relationship between the school board and the bus driver could be repaired particularly where the parents of the children and the employer placed reliance on the school board with regard to the safety of their children. The bus driver's conduct was incompatible with her duty which was essentially to ensure students got to school safely and her behavior hurt the school board's reputation.

Nechako Lakes School District No. 91 v. Canadian Union of Public Employees, Local 4177 (Bowerbank Grievance) [2009] B.C.C.A.A.A. No. 98 (May 15, 2009)

Teacher loses students on walking trip – disciplined

A Grade 4/5 teacher took her class on a walking trip, became separated from the students and was unable to locate a group of students who were with a volunteer. She returned to the school without the volunteer – or the students who were with the volunteer. Two of these students wandered near some parked motorcycles, one of which fell over. One student was bruised and a motorcycle sustained minor damage.

The principal wrote a disciplinary letter reprimanding the teacher. The teacher grieved the letter and the union took issue with the letter's accuracy.

Grievance allowed in part

The arbitrator found that the teacher had failed to properly supervise her students. She failed to verify the students' whereabouts and she failed to take corrective action. The teacher's lack of proper care justified the disciplinary response. However, the arbitrator found the principal's letter did not accurately reflect the facts and inaccurately implied the teacher had deliberately left the volunteer behind with the students and that she acted contrary to the signed field trip forms. In fact, all the required field trip forms were in order. The lengthy description of the teacher's duties, as set out in principal's letter, was also misleading. The school board was directed to amend the teacher's personnel record to accurately reflect the incident.

Toronto District School Board v. Elementary Teachers' Federation of Ontario (Bandurak Grievance), [2010] O.L.A.A. No. 4 (January 12, 2010)