According to CTV News, layoffs stem from declining enrollment (2,300 fewer students, with 1,800 more projected losses) and provincial takeover. The Ministry rejected PDSB’s request to use reserves to prevent layoffs—a request granted in previous years.
Union leaders call this “unprecedented”—three times higher than previous surplus declarations. Nadia Goode of ETFO Peel warns she’s “not confident” all surplus teachers will be recalled, unlike past years.
Surplus Declaration vs. Actual Layoff
Being declared “surplus” doesn’t mean you’re fired yet. It means:
- Your position may be eliminated
- Recall rights typically exist under collective agreements
- Bumping rights may let you displace junior teachers
- Final layoffs occur only after September enrollment confirmation
However, this year’s situation is unprecedented—recall isn’t guaranteed.
Your Rights as a Unionized Teacher
Your collective agreement (ETFO or OSSTF District 19) governs:
- Seniority-based layoff procedures
- Recall rights and timelines
- Bumping provisions based on qualifications
- Notice requirements
- Severance entitlements
Contact your union immediately. OSSTF is meeting with surplus teachers this week.
What You're Entitled If Actually Laid Off August 31
Under collective agreement:
- Notice periods specified in your contract
- Severance pay based on years of service
- Recall rights (typically 12-24 months)
- Benefits continuation during recall period
- OTPP pension contributions and calculations
Beyond collective agreement: Long-service teachers (10+ years) may have additional common law rights. Even with union protection, consulting an employment lawyer can determine if you’re entitled to more.
What to Do Right Now
Immediate Steps
- Contact your union – Attend all meetings and get information
- Review your collective agreement – Understand bumping and recall provisions
- Calculate your seniority – Know where you stand in layoff order
- Document everything – Save all communications about surplus
- Update credentials – Prepare resume and teaching portfolio
Key Timeline
- Now – August: Surplus period; possible recall or redeployment
- August 31: Official layoff date if not recalled
- September: Enrollment confirmed; additional recalls may happen
- Throughout year: Continued recall rights per agreement
Common Questions
Will I definitely lose my job? Not necessarily. Surplus means at-risk, but recall often happens once enrollment is confirmed in September.
Can I bump a junior teacher? Possibly, based on seniority and qualifications outlined in your collective agreement.
What about my OTPP pension? Continues, but verify how layoff affects pensionable service.
Can I get EI? Yes, teachers can receive Employment Insurance during layoffs.
What if I find work elsewhere? You can accept other positions, but understand how this affects PDSB recall rights.
Your Responsibilities
Duty to mitigate: Seek comparable teaching positions; document job search efforts.
Respond to recall: Must reply within specified timelines or forfeit rights.
Maintain contact: Keep board updated on contact information.
Accept reasonable offers: Refusing appropriate redeployment may affect entitlements.
The Political Context
As OSSTF’s Nicole Allison noted: “The government claims they placed PDSB under supervision because the Board planned on eliminating 60 long-term occasional jobs. However, within weeks of government supervision, 159 permanent teachers have learned they will not have a job in September.”
This raises questions about the legitimacy of the takeover and subsequent layoffs.
When to Consult an Employment Lawyer
Consider independent legal advice if:
- You’ve taught at PDSB for 10+ years
- You’re a department head or specialized teacher
- You believe the layoff process violates your rights
- Collective agreement severance seems inadequate
- You’re an LTO with substantial continuous service
Your union represents the collective, but a lawyer can assess your individual entitlements and whether you deserve more than the collective agreement provides.
Don't Wait
The next few months are critical for:
- Understanding your seniority position
- Exploring other board opportunities
- Protecting your legal rights
- Planning for various outcomes
Remember: Systemic funding issues don’t eliminate your individual employment rights. Whether from declining enrollment or provincial decisions, you’re entitled to fair treatment under your collective agreement and Ontario law.
If you’re among the 331 PDSB teachers facing potential layoffs, contact your union immediately and consider consulting an employment lawyer to ensure your rights are fully protected.
