Ontario Court of Appeal affirms TTC workers’ right to strike
In another historic win for workers, the Ontario Court of Appeal in a majority decision, has affirmed that TTC workers’ right to strike is protected by the Canadian Charter of Rights and Freedoms.
Today, the Court released its decision in an appeal launched by the Ford government attempting to save legislation that banned all TTC workers from engaging in any form of strike action. That legislation was found to be an unconstitutional violation of workers’ rights contrary to the freedom of association guaranteed by the Charter.
“Today is an important day, not just for transit workers but for all workers,” said Marvin Alfred, President of Amalgamated Transit Union, Local 113. “Despite the Ford government’s attacks, the Court of Appeal has clearly said that the right to strike is protected by the Charter and it is a right that cannot be stripped away at the whim of the government. The right to strike is at the heart of collective bargaining and the ability of workers to have control over their working lives and the conditions under which they work.”
This is the fourth judgement from a court or tribunal affirming the right to strike of TTC workers. Mr. Alfred said, “I would like to thank Ian Fellows, our lead counsel, and the legal team at Ursel Phillips Fellows and Hopkinson who were instrumental in achieving these successes.”
Asked about collective bargaining Mr. Alfred said, “Since our right to strike was restored last year, we have seen a change in bargaining for the better. Bargaining a collective agreement is never easy and it involves a great deal of hard work. We are committed to working to come to a fair agreement and we will do what it takes to ensure our members get the fair agreement they deserve.”
The judgement comes at a critical time with Local 113 in the midst of collective bargaining and with the possibility of a strike as early as June 7th, 2024.
For additional information, please contact media@atu113.net.
Additional Facts:
- On May 8, 2023, Hon. Justice Chalmers of the Ontario Superior Court of Justice found that Ontario legislation banning TTC workers from striking violated the Canadian Charter of Rights and Freedoms. ATU Local 113 was successful in securing their members right to strike. To read the full decision, please see the link below:
- ATU Local 113’s collective agreement expired on March 31, 2024.
- The union’s last collective bargaining agreement was issued in 2021.
- This is the first time in 10 years that the union can exercise their right to strike, following last year’s historic legal victory which restored this fundamental, constitutional right.
- The last time ATU Local 113 members went on strike was in 2008.
- Strike action can begin legally anytime after Friday, June 7th.
Ontario Court of Appeal rules in favour of ATU Local 113
The Ontario Court of Appeal has confirmed the right to strike for ATU Local 113 members and other workers at the TTC. This is another historic win for working people. The Ford government’s attempt to roll back worker’s rights has been soundly rejected by the court.
ATU Local 113 Speaks to Media to Discuss No Board Report & Next Steps
Following months of negotiations, ATU Local 113 began the process towards legal strike action. Yesterday, the Ministry of Labour issued a No Board report which signals a 17 day countdown. Our members can legally withdraw services as early as Friday, June 7th. We have yet to announce a strike date & still remain at the negotiating table with the TTC.
Our President, Marvin Alfred, spoke with the media to discuss what this means for ongoing negotiations.
Online/Print
Some TTC workers could go on strike as of June 7 | CBC News
TTC workers can legally strike in 17 days (thestar.com)
Ministry of Labour issues no-board report, TTC workers able to strike in 17 days (citynews.ca)
Thousands of TTC workers could go on strike next month (Now Toronto).
Radio/Broadcast
ATU Local 113 continues to hold the TTC accountable for lack of transparency when addressing issues of safety
In April, ATU Local 113 President Marvin Alfred revealed to TTC Board members and the public that there had been a serious hydraulic fluid spill on subway track in January, preventing trains from stopping safely and that this information regarding critical safety risks, both to transit workers and riders, had not been reported to the TTC Board. TTC then followed up by implementing new guidelines, but even more – and more serious – problems occurred.
Thanks to Local 113 members expertise and knowledge, TTC management was forced to come clean and admit the scale of the problem at the TTC Board Meeting at the May meeting. They have finally disclosed that in total, there have been seven separate incidents of hydraulic fluid leaking on subway tracks this year alone caused by work cars – none of which were made public by TTC management previously.
Here is a summary of what Local 113 shared with the TTC Board:
- January 14: Track & Structure was sent to inspect eastbound track between Pape to Donlands Stations because trains could not stop, and wheels were spinning. The hydraulic fluid leak was spread out from Lansdowne to Donlands Stations, as well as at Greenwood Yard which led to determine where the hydraulic fluid came from on the main line.
- January 17: While heading into morning service, hydraulic fluid was reported on the tracks southbound north of St Clair West station. Operators were instructed to reduce speed to 25kph but were still unable to fully stop or control the speed of the train, in some incidents the train accelerated to well over the speed limit.
- April 30: After meeting with Local 113 representatives for subway operators, TTC put in place updated instructions for managing service in the case of slippery track caused by a hydraulic fuel leak.
- May 13: Nearly four months to the day after the first incident another identical and even more serious incident occurred with the same work car. Transit Control were instructed to store the disabled car in Lower Bay Station but decided instead to tow the car to Greenwood Yard, leaking fluid along the way. Knowing the track was unsafe, TTC management decided to begin normal morning service – then the overshoots started. There were multiple reports of trains being unable to stop and overshooting their platforms. It wasn’t until around 7:00 am that service was suspended when a train overshot the platform at Broadview Station by four doors – an entire car length. This time, service on Line 2 across the middle of the City, and the min transfer points to Line 1, was suspended for 12 hours, including both peak periods.
The fact that nearly identical incidents are allowed to take place, and never reported to the TTC Board, is unacceptable.
It is possible that proper maintenance could have prevented the May 13 service disruption entirely; dedicated operating funding for SOGR (state of good repair) for an aging fleet of work car vehicles may have prevented this. Mid-level Management is forced to meet service KPIs (Key Performance Indicators) set by TTC’s Executives.
Better decision-making by TTC management could certainly have prevented the disabled car from leaking on Line 2 at all and could have kept subway service from running on unsafe track.
TTC is failing to maintain the system. This is causing service disruptions and putting workers and riders at risk. The facts behind the May 13 disruption were only made public because of the intelligence and expertise of Local 113 members, who came forward with the facts even in the face of potential discipline from management.
There is a culture of lack of accountability and lack of respect for safety at TTC that needs to change. The lack of transparency and poor decision-making about safety-critical issues raises doubts about TTC management’s ability to makes these necessary changes. Given the failure to disclose, let alone deal with, the prior incidents, we strongly recommend an outside investigation be launched.
Watch the proceedings from the TTC Board Meeting (May 16, 2024)
A. TTC CEO, Rick Leary’s statement regarding the recent service issues on Line 2. On May 13, the hydraulic fluid spill impacted revenue service for thousands of transit riders for almost 12 hours.
B. Overview of the recent hydraulic leaks provided by TTC senior management.
C. Councillor Matlow asks Management about ownership of the decision to tow a leaking car aww the way back to Greenwood causing a 12 hr delay in service.
D. Dianne Saxe questions Rick Leary, CEO and Management on their methods and decision to move the work car with a leak from Lower Bay to Greenwood.
E. TTC Chair Jamaal Myers questions TTC Management re hydraulic oil spill.
F. TTC Chair thanks ATU Local 113 for providing insights into the issue.
Media Coverage
TTC CEO apologizes for major outage Monday, plans to open review | CBC News
TTC head apologizes to commuters, says oil leak shut Line 2 (thestar.com)
International Day Against Homophobia, Transphobia, and Biphobia
Transphobia and Biphobia, we reaffirm our commitment to championing diversity and fostering a culture of inclusivity. We believe in a world where everyone has the right to express their true self and be loved and respected for who they are.
Today, and every day, ATU Local 113 stands in solidarity with the LGBTQ+ community, advocating for equality and freedom from discrimination. We understand that society thrives when every individual feels valued, accepted, and free to express their identity without fear.
We are committed to creating a world that is free from hate and full of love, acceptance, and understanding.
ATU Local 113 delivers deputation at TTC Board Meeting
Local 113 has long been a proponent to fare integration. However, there are concerns that the TTC needs to address.
Our President, Marvin Alfred, delivered a deputation on cross boundary integration at a TTC Board meeting today.
ATU Local 113 speaks to the media about final step before legal strike action
On Wednesday, May 15th, ATU Local 113 announced that they had requested the Ministry of Labour issue a no-board report. This is the final step towards strike action.
If no progress is made at the bargaining table, we will have no choice but to withdraw services after a report is issued.
Online/Print
TTC workers move closer to strike with no-board request (thestar.com)
TTC workers’ union takes ‘final step’ towards possible job action | CP24.com
TTC workers move one step closer to strike action as union requests ‘no-board’ report (citynews.ca)
More TTC service disruptions loom as workers inch closer to strike | Globalnews.ca
TTC WORKERS’ UNION REQUESTS NO BOARD REPORT, “FINAL STEP TOWARD POSSIBLE STRIKE” (zoomerradio.ca)
TTC eyes possibility of strike as talks continue with union – The Globe and Mail
Broadcast/Radio
*Coverage will be posted here in the coming days
TTC Outages and Disruptions Failing Riders more and more frequently
On Monday May 13th, 200 litres of oil leaked from a subway work car on Monday, shutting down subway service between Broadview and St. George stations for much of the day. These service delays and disruptions are happening more and more frequently, and are causing riders to be without public transportation for an entire day often.
At last month’s TTC board meeting, ATU Local 113 President, Marvin Alfred, raised questions about a hydraulic fuel spill on subway tracks that limited the ability to slow trains. President Alfred called on the TTC board to launch a full and independent review of the agency’s safety and maintenance practices. Today, our leader spoke to the media about the TTC’s lack of accountability when it comes to issues of safety.
Online/Print
TTC CEO apologizes for major outage Monday, plans to open review | CBC News
TTC head apologizes to commuters, says oil leak shut Line 2 (thestar.com)
Fund Our Schools Campaign
Join ATU Local 113 in supporting the Ontario education system through the Fund our schools campaign.
The Fund Our Schools campaign has been created by leaders of the Toronto & York Region Labour Council, Toronto Education Workers, Elementary Teachers of Toronto and OSSTF Toronto in co-operation with progressive TDSB Trustees.