Ontario elementary, secondary teachers awarded retroactive pay to compensate for Bill 124

An arbitrator has awarded Ontario elementary and secondary teachers retroactive wage increases to compensate them for constrained wages as a result of Bill 124.

Arbitrator William Kaplan awarded members of the Ontario Secondary School Teachers' Federation (OSSTF/FEESO) and the Elementary Teachers' Federation of Ontario (ETFO) an additional 2.75% compensation increase for 2021-2022.

The award adds to the 0.75% increases negotiated as a remedy in each of the 2019-20 and 2020-21 school years.

This pushes the total amount of increase to 7.25% for the 2019-2022 contract term, including the 1% annual increases allowed under the unconstitutional Bill 124.

“This decision reinforces what we have known all along; our members have been underpaid and undervalued for years while the Progressive Conservatives underfunded public education and shortchanged Ontario’s students,” said Karen Littlewood, OSSTF/FEESO president. 

Bill 124 declared unconstitutional

The decision came just days before Ontario’s Court of Appeal released its decision stating that Bill 124 is unconstitutional. The court voted 2 -1 in favour of labour groups and unions who challenged the 2019 law.

In November 2022, the Superior Court of Justice declared Bill 124 “void and of no effect”. The Ontario government, however, appealed that decision.

Bill 124 received heavy opposition, with many critics claiming it was a main reason many workers were leaving public positions to work in the private sector, The Canadian Press (CP) reported.

“The Ford government's shortchanging of public education has caused significant staff recruitment and retention issues in Ontario schools,” said Littlewood. “We will now seek to address these significant concerns through a future interest arbitration process.”

60 days for funds to cover remedy for teachers

The Ontario government has 60 days from today to provide affected school boards with funds to cover the remedy owed to eligible OSSTF/FEESO and ETFO members. Meanwhile, school boards must issue payments to all eligible members no later than 120 days after the release of this arbitration decision.

“We trust Arbitrator Kaplan’s decision sends a clear message to the Ford government that they must never circumvent bargaining or trample on workers’ democratic rights again,” added Karen Brown, ETFO president. “Workers have a right to an unrestricted bargaining process. This is guaranteed by the Canadian Charter of Rights and Freedoms and must be upheld.”

In August 2023, support staff at public colleges in Ontario secured bigger wages and extended benefits from their employers. The College Employer Council (CEC) and Ontario Public Service Union - full-time college support (OPSEU/SEFPO CAAT) mutually agreed to boost the previously set wage increases for these workers.