Ontario acts to keep Toronto moving
Legislation requires the TTC to go back to work TORONTO, April 27 /CNW/ - NEWS The Ontario legislature has passed legislation that requires Toronto Transit Commission (TTC) workers to return to work. The legislation governs labour disputes between the TTC and three unions, Local 113 Amalgamated Transit Union, Lodge 235 of the International Association of Machinists and Aerospace Workers and the Canadian Union of Public Employees Local 2. The legislation requires any strike or lock-out at the TTC to be terminated on Royal Assent. The TTC is also required to resume its normal operations. All outstanding issues are referred to binding mediation-arbitration. The TTC and each of its three unions have five days to agree on a mediator-arbitrator, or one will be appointed by the Minister of Labour. QUOTES "Our government respects and believes in the collective bargaining process. We encourage the TTC and its unions to continue bargaining and to reach mutually acceptable agreements. At the same time, we cannot stand by while the dispute shuts down the vital transportation system in Toronto, affecting millions of people and businesses." Labour Minister Brad Duguid. << ------------------------------------------------------------------------- ontario.ca/labour-news Disponible en français BACKGROUNDER ------------------------------------------------------------------------- Toronto Public Transit Service Resumption Act, 2008 >> The Toronto Public Transit Service Resumption Act, 2008 ends labour disputes involving the Toronto Transit Commission (TTC) and Local 113 of the Amalgamated Transit Union, Lodge 235 of the International Association of Machinists and Aerospace Workers, and the Canadian Union of Public Employees Local 2. Termination of strikes and lock-outs The Act requires the TTC to terminate any ongoing lock-out and the TTC unions are required to terminate any ongoing strike. The TTC is also required to resume or continue its normal operations. There is also a prohibition on any further strike or lock-out with respect to this round of collective bargaining. Any action to call, authorize, threaten, counsel, procure, support or encourage a strike or lock-out is also prohibited. Appointment of Mediator-Arbitrator All outstanding issues in dispute between the TTC and its unions are immediately referred to binding mediation-arbitration. The TTC and each of its unions have five days to agree on the appointment of a mediator-arbitrator and to notify the Minister of Labour. If they are unable to agree, the Minister would appoint a mediator-arbitrator who is, in the Minister's opinion, qualified to act. The Minister would also appoint a new mediator-arbitrator if a replacement were to be required. Mediation-Arbitration The mediator-arbitrator has the exclusive power to determine all matters necessary to conclude a new collective agreement, and also has the ability to assist the parties in settling any related matter. Nothing in the Act prohibits the parties from continuing to negotiate, and they are encouraged to do so. If the parties execute a new collective agreement, they are required to inform the mediator-arbitrator, and the mediation-arbitration process would terminate. The mediator-arbitrator is required to begin the proceedings within 30 days of being appointed. The Act also requires the mediator-arbitrator to make an award within 90 days of his or her appointment. The parties and the mediator-arbitrator have the power to extend these time limits, on agreement, before or after they expire. In making the award, the mediator-arbitrator will be required to take into consideration a number of criteria, including the employer's ability to pay and the economic situation in Ontario and the City of Toronto. The award will be required to specify a term of operation for the collective agreement, which must be at least three years. The award will be final and binding on the TTC, the respective TTC union, and all employees who are members of that TTC union. Until a new collective agreement is in place, the terms and conditions of employment that applied the day before a strike became lawful will continue to apply with respect to the employees represented by TTC unions, unless the TTC and the TTC union agree otherwise. Enforcement A failure to comply with the provisions of the proposed act that require the termination of lock-outs and strikes and prohibit them from occurring would constitute an offence punishable upon conviction by a fine of up to $2,000 for an individual and up to $25,000 in any other case. Each day of non-compliance would constitute a separate offence. A strike or lock-out in contravention of the act would also be deemed an unlawful strike for the purposes of the Labour Relations Act, 1995, and the aggrieved party could apply to the Ontario Labour Relations Board for a remedy such as monetary damages. << ------------------------------------------------------------------------- ontario.ca/labour-news Disponible en français >>
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For further information: Susan McConnell, Minister's Office, (416) 326-7710; Tom Zach, Ministry of Labour, (416) 326-7404
Other news releases disseminated by this ministry
Toronto subway train at St Andrew station
Canada's largest public transit system is expected to resume service Sunday evening after the Ontario provincial government ordered striking Toronto transit workers back to work today. Service was shut down when transit workers suddenly walked off the job on Friday, having just voted to reject a labour contract deal made the previous weekend.

The provincial legislature met in an extraordinary Sunday afternoon session to pass Bill 66, the ''Toronto Public Transit Service Resumption Act, 2008'' which not only orders the transit work to resume, but includes follow-up arbitration to resolve outstanding disagreements between transit management and its unions. The largest union affected is Local 113 of the Amalgamated Transit Union, but the legislation also affects workers unionised under International Association of Machinists and Aerospace Workers Lodge 235, and the Canadian Union of Public Employees Local 2.

Union members who defy this law could be fined C$2000 per day, while the union itself would risk a daily fine of C$25,000. However, ATU Local 113 president Bob Kinnear indicated that his union would respect the law and return to work while supporting the choice of Kevin Burkett as arbitrator. Wages were not an issue for union members, who voted against the earlier draft contract out of fears regarding compensation for on-the-job injuries, and for maintenance workers' job security.

Toronto's subways, streetcars and buses will operate on a limited service for Sunday evening, with full service expected as the work week begins Monday morning.