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Laurel Broten

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Why I Imposed Contracts on Ontario Teachers

Posted: 01/04/2013 6:37 pm

In February, the Ontario government began labour talks with our partners in education. Our goal throughout these discussions has always been to make decisions that protect the classroom experience for our students.

Like it did many jurisdictions around the world, the global recession left Ontario with a stubborn deficit. We have one of the best school systems in the world -- recognized as such by the OECD and studied around the world -- and, as a government, we were determined to preserve the gains we've made since coming to office in 2003.

We asked teachers -- who have benefited from on average of 24% pay increases over the past nine years, improvements in working conditions and support for more professional development -- to take a pay freeze and to trim outdated benefits like the banking of unused sick days to be paid out at retirement. Instead of pay increases for teachers, we chose to continue to roll out full-day kindergarten and maintain smaller class sizes. The choices we made have also allowed us to preserve 20,000 teaching and support staff jobs.

Our decision to concentrate funding on students and the classroom experience was easy. Unlike many other jurisdictions, we were able to address fiscal realities without firing teachers.

After 10 months of negotiations, multiple provincial memorandums of understanding, and hundreds of hours, we have seen agreements negotiated representing 55,000 teachers and over 4,000 support staff in the province. Over the holidays, we also reached a template agreement with CUPE -- which represents an additional 55,000 support staff. That's 140,000 education workers who successfully bargained agreements with the government.

These deals -- and others reached with doctors and public sector managers -- show that it's absolutely possible to reach agreements with public sector works that balance their interests with the government priority of protecting important public services.

Unfortunately, after nearly a year of talks, other parties remained far apart, some deliberately so.

Some unions have engaged in strike action that has closed schools, restricted learning for students and created an unstable learning environment. It has been stressful and chaotic for many students and parents.

Then those same union leaders asked the government not to move ahead with collective agreements, yet they had no other solutions to offer -- except more disruption.

That's why, on my advice, through an Order In Council, the Lieutenant Governor in Council has put in place collective agreements for all school boards and unions that were unable to deliver ratified and approved collective agreements by the deadline.

This means that, as a result of the agreements put in place and the good work of those who negotiated local collective agreements independently, collective agreements are now in place for 2012-14 for all bargaining units covered by the Putting Students First Act. Any strike actions while a collective agreement is in place are illegal.

This was not our first option. Negotiation was always our preferred approach. But given the reluctance of some to come to the table and negotiate, putting in place agreements was necessary given our shared fiscal challenges, the steep hill we have to climb to position our province for stability and prosperity, and to meet our goal of protecting the gains we have made in education.

The Putting Students First Act had a specific goal: to protect the gains we've made in education during these challenging fiscal circumstances, and to minimize any labour disruption during negotiations. The Act has now accomplished this goal, and so the government will move to repeal Bill 115 by the end of January.

We heard from teachers that The Putting Students First Act was the only thing standing between students and their extracurricular activities. It is our hope that with contracts in place and Bill 115 ready to be repealed, teachers will do what is best for students and put Ontario students first.

 

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08:40 PM on 01/28/2013
Again, Laurel Broten doesn't speak the facts. I am inclined to believe my union over her when they reported to us that they had negotiated an agreement in good faith with our local school board (as is the usual process), but she did not approve the terms of it so it was not put to a ratification vote: so who was willing to negotiate, really? I understand that unless local agreements were virtually identical to the MOU the government created, it would never be approved.

OSSTF Teacher
DDSB Local 13
11:54 AM on 01/08/2013
Minister Broten, given that your Government has just blindly renewed agreements with trade unions, completely derailing TDSB efforts to get those costs under control (these are the folks running around installing $100 pencil sharpeners and $300 plug extensions), how can you even hint that you were forced to impose contracts for financial reasons? Clearly your Government could care less about actually reducing the cost of education, or you would have taken a more serious look at reducing costs in way that would have had less impact on the students. It's really, really poor leadership... we deserve - our students deserve better.
05:49 PM on 01/07/2013
Minister Broten you have been challenged with presenting truth from the beginning, meaning that you neglected to share with the public that the "initial meeting" or negotiation as you saw it was your "department" and lawyers presenting to the teachers and support staff's unions what their "contracts" would be. No negotiations, just an ultimatum. And then you claim that they walked away from the table. Why would anyone with integrity stay when they see they are being "abused". Anything you say is so distorted by obfuscation that this attempt of yours to present your "view" is a joke. Please take the same direction of your premier and follow him out the door. Allow rational individuals deal with the issues in an ADULT manner.
02:04 PM on 01/10/2013
Could you tell me what the union has proposed?
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HUFFPOST SUPER USER
bujudunton
Everyone is entitled to my opinion
03:59 PM on 01/07/2013
When is the Liberal government going to pass legislation so they can get back to work?
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HUFFPOST SUPER USER
D J B
02:27 PM on 01/07/2013
It is interesting to me that you say the teachers and staff enjoyed an average increase of 24% over nine years. That is 2.5% per year. About the average cost of living increase. Now you want teachers and staff to accept a freeze in which they do not get a cost of living increase at all in order to put students first. So their expenses will go up and their standard of living will go down. Ok then. Good try trying to pass this off as something good, but I am afraid you get a failing grade. Meanwhile you are enjoying a pay that is on average 100 000 more than a teacher gets.
HUFFPOST SUPER USER
BigBootyBatman
03:57 PM on 01/07/2013
average median wages for males in all industries have decreased by ~37% over the past 30 years. Just fyi bud.
11:47 PM on 01/07/2013
I would like to see your sources for this. I find this figure difficult to believe.

So why is that do you think? And you are okay with it? Labour is getting screwed... so you think everyone should suffer? Instead of trying to build everyone up we should knock everyone back?
04:57 PM on 01/09/2013
This is absurd and I would love to see the source for this. But let's start with the definition of "average median".... what does that even mean?
08:09 PM on 01/06/2013
Sticking it to teachers will balance Ontario's budget. They are to blame for bureaucracies (OHRC, LTB), Ornge, e-health, ecotaxes, smart metres, etc. While Broten is trying to explain away the scapegoating, McGuinty is getting $313,461 in severance. I don't see the mpps making cuts to their benefits or ending bonuses to government supervisors. Oh, it's just unionized workers who need disciplining.
10:14 PM on 01/06/2013
Sticking it to the teachers will never balance the budget.

Getting rid of Dalton and the other free spending MPPs might be a first step.
07:23 PM on 01/06/2013
Heartening that Ms Broten and other MPPs, MPs from many jurisdictions are able to read and repeat the briefing notes on the 'austerity crisis'. Also heartening to see they've rehearsed enough and thus not flinch whilst implementing inherently undemocratic and certainly bully like processes. Who's your mama? Why such a rush? Why not actually working with teachers to seek a solution? The thing is though, our education system is generally underfunded and teachers get bullied. What other professions in Ontario are required to do significant work outside the hours they are paid or pay for essential supplies for their work? Would love to see how people respond if doctors were told they had to assess test results and plan for patient care outside of work hours or if they were told they had to buy their on antiseptic, rubber gloves, needles, etc. For me, I am not terribly impressed with any of the political parties in Ontario, but my question is what is the difference between the Harris Conservatives and the McGuinty Liberals? I ask this especially considering that the things Dalton is forcing are far more right wing in some ways than the Harris education/contract reforms.
08:35 AM on 01/07/2013
You ask: "What other professions in Ontario are required to do significant work outside the hours they are paid or pay for essential supplies for their work?"

Answer, I'm in IT, I have a Bachelors in math (Waterloo, major computer science, co-op, Hons) and a Masters in Engineering (Ryerson, Comp. Eng). I have more than ten years of industry experience, I earn about as much as a public school teacher with a B. A. and six years experience. I work 40, paid, hours a week (and at most of my jobs an additional 20 to 30 hours on evenings and weekends). Currently I am a contractor, working for a national company, so there is an expectation that I be available between 7am and 8pm eastern time. Except that unless there is actual work to do, I don't get paid. Oh and I don't get paid for any vacation time and have to pay my own benefits. (Did I mention the part where I get paid about as much as a teacher?)

Suck it up buttercup!
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bujudunton
Everyone is entitled to my opinion
04:03 PM on 01/07/2013
If you are only getting paid as much as a teacher it is time to find a new contract. Everyone I know in IT has less experience then you and is making upwards of $70/hr and close to $150,000 year.
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09:56 PM on 01/07/2013
I'd like to "third" the wage/working conditions questioning here because I know lots of people making far more, with far better hours, but even if it is true, why is it that "gee my working life sucks, so teachers' should too and they should suck it up?" Being "wronged" by an employer and putting up with it for however long you have doesn't mean it's improper for others to stand up to workplace bullying and unfair treatment, as the teachers have. Rather than all fighting over who puts up with more crap, why not say we all deserve better and approach it that way!
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Angelo Barovier
I came, I saw, I ate the cheese.
06:31 PM on 01/06/2013
You all have to admit, though, that it was very classy how much credit she gave for all the work our teachers are doing now. I mean, you expect that from a Minister of Education who is trying to mitigate any damage done to the bond between teachers and our government but it was still really gracious of her to include that acknowledgement of the toil and success of our teachers in this statement.

Oh, wait...
01:17 PM on 01/06/2013
A spendthrift and public service enabling government finally runs out of money, and is forced to do what it should have been doing all along, impose some discipline on highly overpaid and underworked employees.

It's about time .!!
11:10 PM on 01/06/2013
Fair enough. Tell us where you work and we'll have a government official come by, assess your work, determine you're overpaid for what you do and then make up a new contract for yourself in which you have no say or don't agree to.
01:40 PM on 01/07/2013
First of all , it's a personal choice to work for government. For those of us working in the private sector,which by the way is not offering such insanities as banked sick days, cushy gold plated defined benefit , inflation protected pension plans, three month vacations annually, and the privilege of never being fired for being useless at your job.    So, if you are tired of such "terrible" conditions , you have choices, which very few of you explore.      Enough said. !!
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12:24 PM on 01/06/2013
What's to explain about imposing teacher contracts?

The sick days were out of touch with reality & the ability to bank them was completely asinine.

Bill 115 is perfectly legal, it can easily be argued that it follows Section 1 of the Charter of Rights.
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Angelo Barovier
I came, I saw, I ate the cheese.
06:17 PM on 01/06/2013
It 'can easily be argued' to your satisfaction. Let's try to be a little objective about such grandiose statements of supposed objectivity.
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08:15 PM on 01/06/2013
Section 1 of the Charter is pretty straight forward.

1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Based on the Charter the Liberals have a pretty strong case Bill 115, I seriously doubt a judge would disagree with Bill 115 given the circumstances of today & the temporary nature of Bill 115.
11:08 PM on 01/06/2013
What's perfectly legal about imposing a contract on a union or non-union group? The whole definition of a contract is that both sides agree to it... if one side doesn't agree to it, by law, it's not a contract.

So tell me how Bill 115 is perfectly legal again?
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01:27 AM on 01/07/2013
Read the Charter or Rights and Freedoms.

Unionization & it's bargaining process are Rights protected by the Charter (see section 26 of the Charter).

The Charter also clearly spells out that Rights can have limits placed upon them (see section 1 & section 15.(2) of the Charter).
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04:26 PM on 01/08/2013
Well, would this not be a contract of adhesion? One must accept or reject the contract completely. It is your right to reject the contract but it means you have not the terms of use and cannot work.

So by showing up to work you accept; not showing up to would be rejecting it... find a new job.

It's a dirty game, but legal, right? And I think the point is this dirty game needed (in her opinion) to be played in order to end any disruption in education. Going back to her priority.

So where is the problem, then? The deal isn't perfect? That's not a contractual requirement. The deal is forced? Not really, the terms are non-negotiable but you still have the right to chose to reject the contract (quit your job). The deal isn't fair? That's purely a subjective point and would obviously differ from person to person depending, especially, on which side of the fence you sit.

All in all, teachers are paid well for their work and their perks and benefits are above standard (which is why that job market is oversaturated and many teachers have a difficult time finding full employment...). But on that same note, of course I'd be displeased if government came into my profession and cut the perks that I get. I'd probably chose to accept the terms of use, though.

I'm not saying I agree with the decision making, but I am saying I think it's legal.
12:07 PM on 01/06/2013
Dear McGuinty/Lib Government,
What a crock. You did not negotiate w doctors or teachers. After your administration laundered BILLIONS of dollars through eHealth, Ornge and many other scandals, you have created a deficit that you will force physicians and teachers pay for. You created new taxes (e.g."health tax" that went into general revenues) after promising no tax increases.
This government has set new lows for lying and robbing the taxpayers.
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albertarick
These are questions for wise men with skinny arms
11:50 AM on 01/06/2013
GDP growth from 2003 to 2012 was approximately 25% so the "We asked teachers -- who have benefited from on average of 24% pay increases over the past nine years" adds up to teachers having stayed about the same for the last nine years. Meanwhile CEO and ministerial salaries have grown by about 300%. What is your plan on that front Laurel?
12:31 PM on 01/06/2013
Well said!

"Figures don't lie, but liars figure." - Mark Twain
05:43 PM on 01/06/2013
Whatever increases in teachers pay they managed to acheive during the past nine years, is exactly that, in the past., and their salaries should be measured against inflation, not GDP growth.
It's entirely proper for governments facing huge deficits and enormous debts to curb the pay levels of it's employees. That's what's currently happening and not before time , either.
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albertarick
These are questions for wise men with skinny arms
08:50 PM on 01/06/2013
Is it entirely proper when banks/companies facing bankruptcy without taxpayer bailouts give huge bonuses to the very people who benefited from the actions causing the bankruptcy? Or is that in your rear view mirror too?
11:15 PM on 01/06/2013
Really? So it's OK for the government to overpay themselves as MPP's and their staff but then decide to curb spending by going after an essential service like teachers?

What sense of financial responsibility do you subscribe to? This isn't about money, it's about the Liberals trying to break or crack the teachers union, something they've tried to chip away at for years. Yes, piss off the union that provides education and support for your kids and the next generation of leaders, that sounds reasonable. What do the Liberals care anyway, by the time these kids try to get out into the working world, they will have already been retired or collecting a very fat MPP pension, which I'm sure does not have any drain whatsoever on the Ontario taxpayers at all.
11:32 AM on 01/06/2013
The Putting Students First Act, if you read the language carefully, does not use the word STUDENT in any of the sections other than the pre-amble! Now Minister Broten, who is being put first in this act? Truly, is it students or your own political survival?

Purely Draconian that will simply cost you and your cohorts in the next election...
12:35 PM on 01/06/2013
Once McGuinty signalled he was resigning due to the gas plant scandal, it meant the end for a lot of Liberal MPP's. If you add up the ORNGE, eHealth and the gas plant fiascos, it clearly shows the Liberals are liars and will remain that way as long as they're in power.

Sad to say, I was once a Liberal supporter at the Federal & Provincial levels but not anymore. Paul Martin soured me on them, Michael Ignatieff ruined them for me and Dalton McGuinty just reaffirmed why I'll never vote for them again.
georgee2
My Canada Includes Everyone
10:41 AM on 01/06/2013
Once again a government in Canada has decided that labor is the root of all budget problems. Couldn't be the fault of any elected official. They are always perfect in every way.
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albertarick
These are questions for wise men with skinny arms
11:57 AM on 01/06/2013
Don't forget the inalienable right of executives to multimillion dollar salaries and bonuses.
09:59 AM on 01/07/2013
Not that I am defending them in any way, but what exactly do CEO's and top Exec's from (I assume you mean) large corporations in Canada have to do with the legislation passed by the Ontario Government in which it forced what is effectively binding arbitration upon a sector of public unions? I'm not getting the connection there. BTW, Canadian CEO's often made 700+% greater increases than the employees working under them, over roughly the same time frame (9 years).
12:36 PM on 01/06/2013
And, of course, nothing standing in the way of all the bonuses they handed out this year to government officials and members as well.
05:55 PM on 01/08/2013
and the billions of dollars in corporate taxes that have been forgiven...wonder if i don't pay my taxes if I can have them forgiven? Wait I'm an employee so my taxes are already taken off my check...SNAFU'ed again
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Northern Observer
09:32 AM on 01/06/2013
How does anything in bill 115 change anything inside a classroom? It's simply pandering for votes. Just own up and say what it really is. It's a budget controlling bill and they decided to use teachers as the subjects because they knew teachers wouldn't get public support. They thought it would get them a by-election and it didn't. Libs have got to go and this is the issue that will do it and Broten will be known as the architect of the Libs downfall. I was a liberal voter up to this point and this assault on workers rights and the lack of owning up to what they are really trying to do is what is making me say, no more.