Ontario teacher unions file labour board challenge over school reopening plans

Ontario's four teacher unions are filing challenges with the labour board over the province's back-to-school plans, saying the government has failed to adequately respond" to health and safety concerns.

The appeals with the Ontario Labour Relations Board, however, are not expected to impact September's return to school for the 190,000 teaching and education workers represented by the Association des enseignantes et des enseignants franco-ontariens, Elementary Teachers' Federation of Ontario, Ontario English Catholic Teachers' Association and Ontario Secondary School Teachers' Federation.

School boards across the province plan to stagger the start of the school year over the first few weeks of September.

The unions will each file an appeal to the OLRB, arguing that the Ministry of Education's Guide to Re-opening Ontario's Schools'" does not take every reasonable precaution to protect workers, as required by Section 25(2)(h) of the Occupational Health and Safety Act," they said in a written release.

They also say they were left with no choice" but to take legal action after meeting with Minister of Labour Monte McNaughton on Aug. 24.

Following the meeting, the unions issued a request to the Minister of Labour that orders be made requiring the Ministry of Education to set standards around physical distancing, cohorting, ventilation, and transportation," the joint statement said.

It was also requested that the Ministry of Labour review these orders monthly, in case scientific developments dictate more stringent standards, and that school boards be given additional time if necessary to implement proper health and safety measures. As of Aug. 28, the date upon which it said it would respond, the Ministry of Labour had failed to comply with these requests."

It is expected that the unions will ask the cases to be heard on an expedited basis, given teachers are returning to school amid conditions they say are not safe enough.

The unions also say they strongly object to claims by (Premier Doug Ford) and the minister of education that by raising concerns about the government's school reopening plan, teachers and education workers are failing to do their part to help Ontarians navigate the COVID-19 pandemic."

Ford and Education Minister Stephen Lecce have repeatedly called on the unions to do their part and cooperate as schools reopen.

Ontario's medical officer of health has also said he believes the province's plan is safe.

The unions had been calling on the province to mandate that all students be required to wear masks, not just those in Grades 4 and up - which is the most stringent requirement in the country.

However, a number of individual school boards have since voted to mandate masks for all.

Parents and teachers have also urged the government to provide enough funding to allow for smaller classes in elementary schools. The province has provided funding for more teachers, as well as allowed boards to dip further into their reserves to hire more staff, but boards say it's not enough to get elementary classes down to 15.

The Toronto public and Catholic boards have decided to target funding to schools in neighbourhoods hardest hit by COVID-19.

Schools and classrooms are unique workplaces, with upwards of 30 people sharing small spaces," said elementary union leader Sam Hammond. Smaller class sizes would help make schools safer. Should teachers and education workers not be able to expect at least the same standards and precautionary measures as have been put in place in stores, offices, and other spaces across the province?"

Catholic union President Liz Stuart said all we are asking is that they make an honest, exhaustive effort to follow through on this promise" to make schools safe.

Harvey Bischof, head of the secondary teachers' union, said no worker in the province of Ontario should be expected to sacrifice their health and safety, especially when there are such obvious measures the government could be taking to reduce the risk and prevent potential tragedies."

The unions have asked for class sizes of 15 to 20 students. Experts at Sick Kids Hospital and other children's health facilities have said smaller class sizes are crucial, along with proper hand hygiene and physical distancing.

How can a teacher help each little one wash their hands properly if there are nearly 30 kids in the class?" NDP Leader Andrea Horwath said Monday at a press conference in Oshawa.

... If I were premier, I would be capping class sizes so every child has the support and supervision they need, in a physically distanced classroom."

Kristin Rushowy is a Toronto-based reporter covering Ontario politics for the Star. Follow her on Twitter: @krushowy