Apology sought from Toronto transit union
James Cowan , Canwest News Service Published: Sunday, April 27, 2008
TORONTO - The union representing 9,000 Toronto transit workers faced demands for an apology and criticism from all sides after the Ontario legislature held a rare Sunday session to force an end to the dispute and ensure full transit service is restored in time for Monday morning's rush hour.
Buses, street cars and subway trains began to resume service after the dinner hour Sunday night.
Provincial politicians took about 30 minutes to approve legislation aimed at ending the surprise strike. Workers represented by Amalgamated Transit Union (ATU) Local 113 walked out on Friday night after rejecting a tentative contract proposal endorsed by union officials.
Union officials were silent Sunday as they faced a hail of criticism for calling the strike on less than two hours notice.
"The average operator and driver would not have found it reasonable to have started this strike the way it was started without consideration to the safety of the traveling public," Progressive Conservative Leader John Tory said. "I think it might be up to them to take some of their leadership out in the back and give them a horsewhipping because it brought disfavour on the average member of the union."
Average transit riders were equally critical of the executive.
"I'm in a union myself so normally I'm sympathetic to union movements," George Shepherd, who posted an notice online looking to share the cost of a car rental with other commuters. "But I don't like the whole way this thing was pushed on the people. The other thing that really irritates me is that this really hurts new people in Canada, blue collar workers, the ones that are working two and three jobs just to keep their heads above water in this city. To knock them out for a weekend is disastrous."
There were also repeat calls Sunday for an apology from the union, claiming it had put vulnerable residents at risk by not honouring a prior commitment to give 48 hours warning about an job action.
"The leadership of the union failed to meet a commitment with respect to notice," said Bob Runciman, the Conservative house leader. "By doing so, they put many people in dangerous situations. We've heard concerns about young women being stranded, about the elderly stranded . . . this was irresponsible, in the view of many, outrageous and selfish."
But Premier Dalton McGuinty appealed to transit riders to not vent their frustrations at average transit workers.
"It seems to me that going forward that courtesy - courtesy and goodwill - is the foundation that we would like to build upon," McGuinty said.
It remains unclear what prompted 65 per cent of union members to vote against the proposed settlement reached with the TTC a week ago. Rumours suggested some maintenance employees feared the TTC would contract out their work to outside companies. There were also suggestions that the strike was caused by concerns about worker safety or part of an effort to embarrass and oust Bob Kinnear, the union's president.
TTC officials and union representatives did meet briefly on Saturday. At the time, the union presented a new list of demands during the meeting that would have meant "enormous" new costs for the TTC, according to Mayor David Miller. "It was a complete non-starter," he said Sunday
Asked if he knew what issues had prompted the strike, the mayor replied "(The union) has told me the same things they have told you . . . nothing."
For his part, Kinnear refused to speak with reporters all weekend.
A statement issued by the union Sunday afternoon said it would not make a public statement because it was "working to ensure an orderly return of full service in time for the Monday morning rush hour."
In a recorded message posted on the union's web site, Kinnear thanked transit workers for their "complete solidarity" during the strike.
"We knew we would be severely criticized for striking with no warning, but our first duty as a union is to protect the safety of our members," Kinnear said. "If only one member had been assaulted by a passenger angered by the impending strike, that would have been one too many."
The union boss urged workers to return to work for their scheduled shifts on Sunday night - if they felt well-rested. "If you have not had the proper rest and do not feel you can not properly your duties, you are not obligated to report for work," Kinnear said in the message.
The surprise strike has renewed calls for the provincial government to take away transit workers' right to strike by declaring the TTC an essential service. However, NDP Leader Hampton argued that discussion had increased tensions between the union and the TTC.
"I think that when essential service legislation was mentioned in the past five or six days in the context of this dispute, it added a whole new level of complexity . . . I think it's the wrong time to have this debate when we are trying to solve some specific issues," Hampton said.
Under the back-to-work law, employees who fail to report to work face fines of $2,000 per day while the union could be charged $25,000. All outstanding issues will be referred to a mediator.
Both the union and TTC have reportedly approved Kevin Burkett, who has handled high-profile cases involving Air Canada and the Toronto District School Board, as a mediator for their dispute.
The deal voted down by union members included a three per cent raise each year until 2010, long-term disability benefits of up to $2,550 a month and a 100 per cent of take-home pay top-up to Workplace Safety and Insurance Board benefits, u from the current rate of 93 per cent.
National Post
- with files from Mary Vallis and Kenny Yum
jcowan@nationalpost.com
© National Post 2008
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.