Join ATU Local 113 and Toronto mayoral by-election candidate Olivia Chow for an announcement about the future of Toronto’s public transit workers.
Who: Olivia Chow, Toronto mayoral by-election candidate; Marvin Alfred, President, ATU Local 113
When: Friday, May 26 at 9:30 AM EST
Where: ATU Local 113 Office, 812 Wilson Avenue, Toronto
An ATU Local 113 member was injured today after being pinned by a subway car at Greenwood Yard. ATU Local 113 President Marvin Alfred visited the injured member at a local hospital this morning.
ATU Local 113 Health and Safety representative Andrew Falotico and JHSC Union Representative, Shop Steward Anthony Schembri, are currently onsite with Toronto Police Service and the Ontario Ministry of Labour to investigate today’s unfortunate incident.
*The member has since been released from the hospital.
ATU Local 113 hosted our Annual Pensioners’ Party this week. It was an opportunity to celebrate members who have dedicated years of service to the TTC and the people of Toronto.
On May 8, ATU Local 113 was informed that an Ontario Superior Court decision would permit members to strike for the first time since 2011.
ATU Local 113 President Marvin Alfred spoke with media about what this means for the union and the labour sector.
News Coverage
Online/Print
Toronto Star: TTC workers regain the right to strike | The Star
Toronto Sun:TTC not an ‘essential service,’ strike would be legal for workers | Toronto Sun
Financial Post: CUPE: Court’s Decision a Win for Workers and for Safety | Financial Post
Now Toronto: Transit union says TTC needs to take responsibility for service cuts – NOW Toronto
CityNews Toronto: TTC union workers win back right to strike | CityNews Toronto
CBC Toronto: TTC workers have right to go on strike, Ontario court rules | CBC News
Broadcast/Radio
Radio Canada: Les employés de la CTT ont le droit de faire la grève, tranche un tribunal ontarien | Radio-Canada.ca
TORONTO — Yesterday, the Ontario Superior Court struck down legislation illegally limiting collective bargaining for over 12,000 TTC workers. The legislation, in place since 2011, has been found to be unconstitutional and a violation of workers’ right to free association that is fundamental to a democracy. This is a comprehensive and decisive victory for transit workers and will have an impact across Canada.
“This is a monumental victory for our Local 113, our members, and our union. Strikes aren’t just about workers fighting for their rights and benefits, they’re a powerful tool to demand justice and fairness and inspire social change,” said ATU International President John Costa. “Strikes remind us that the value of labour can’t be measured by profits alone, but by the dignity and well-being of those who do the work. Congratulations to ATU Local 113!”
Before the decision, TTC workers were the only transit workers in Canada who were banned from striking. Without an incentive to negotiate, we have been unable to resolve big issues in the workplace, modernize the TTC, or update the collective agreement. As of today, ATU Local 113 members will be able to bargain their next collective agreement free from the infringement on their Charter rights.
“This is an historic win for transit workers in Canada. The Court has delivered a major victory for free collective bargaining in Ontario and for our Local,” said President Marvin Alfred, on behalf of the Executive Board of ATU Local 113. “Our members’ Charter rights have been violated for more than a decade. We’ve known for more than ten years that Local 113’s rights were being violated, and that the TTC had been given an unfair advantage in bargaining. Fortunately, we are now able to return to the bargaining table without unfair government interference.”
ATU Local 113 went to court seeking to strike down the 2011 TTC Labour Disputes Resolution Act, arguing that it violated its members Charter of Rights and Freedoms right to free association. The Court found that ATU Local 113 had only been on strike for twelve days in the 20 years prior to imposing the legislation.
The Superior Court decision found that:
TORONTO — TTC management needs to take responsibility for service cuts.
The TTC has chosen to cut service even though there are operators ready, willing, and able to perform the work in question. Rather than provide a schedule with regular and reliable service, TTC CEO Rick Leary has chosen to slash service.
“Rick Leary has sought to shift the blame for his service cuts to alleged absenteeism by TTC employees including operators. This is false,” said Marvin Alfred, President of the TTC’s largest union, the Amalgamated Transit Union Local 113. “The TTC has imposed service cuts. These were choices Rick Leary himself made and rubber stamped by the Commissioners and the former Mayor of Toronto.”
In fact, the TTC has always had available vehicles and operators who could be providing additional service. The TTC shifted a large number of operators from scheduled service to sitting in a “spare” pool waiting to be assigned work day-to-day. Instead of cannibalizing the operators’ schedule and assigning work on an ad-hoc basis, the TTC could have and should have, scheduled full service. This ad-hoc approach to service is worse for operators and means worse service for riders.
Leary’s statements are misleading and irresponsible. He appears to be deflecting blame for his service cuts to operators on the front line. It is the front-line workers who have to bear the brunt of public anger over poor service and who are the victims of assaults. This was an irresponsible attempt to shift the blame for these ill-advised service cuts and has the potential to further endanger TTC workers.
“The public expects a frequent scheduled service. TTC workers expect scheduled work to be made available in advance. Cutting service and filling the gaps with a pool of operators with no specific work assignment is poor service as well as contrary to the Collective Agreement between ATU Local 113 and the TTC,” said Marvin Alfred.
“For months, the TTC has artificially inflated its pool of “spare” operators beyond what it needs to cover absences. These workers could and should have been used to provide regular scheduled services. Absenteeism has nothing to do with it. These operators have been available all along, but the TTC chose not to use them for scheduled service.”
The TTC is not being transparent with the public. First, it was refusing to disclose the routes affected by cuts before the budget vote, and now by implying there are too few available operators.
The TTC has the vehicles and the operators available to return to a full-service schedule. The time for that to happen is now.
Marvin Alfred, President/Business Agent, on behalf of the Executive Board of ATU Local 113, hailed the Ontario Superior Court decision striking down the legislation illegally limiting collective bargaining for over 12,000 TTC workers.
“This is an historic win for transit workers in Canada. The Court has delivered a major victory for free collective bargaining in Ontario and for our Local,” said Marvin Alfred. “Our members’ Charter rights have been violated for more than a decade. Fortunately, we are now able to return to the bargaining table without unfair government interference.”
Local 113 went to court seeking to strike down the 2011 TTC Labour Disputes Resolution Act, arguing that it violated its members Charter of Rights and Freedoms right to free association. The legislation had impaired the union’s ability to bargain freely with the TTC. The Court found that the legislation substantially interfered with meaningful collective bargaining. The Court further declined to suspend the legislation, meaning that Local 113 members will be able to bargain their next collective agreement free from the infringement on their Charter rights.
Marvin Alfred further indicated that “The Court found that Local 113 had only been on strike for 12 days in the 20 years prior to imposing the legislation. We’ve known for more than 10 years that our rights were being violated, and that the TTC had been given an unfair advantage in bargaining. I am looking forward to a return to free collective bargaining at the TTC.”
Today, 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 is proud to announce that our members have secured the right to strike. To read the full decision, please see the link below:
Marvin Alfred, on behalf of the Executive Board of Amalgamated Transit Union Local 113, is proud to announce that today we won our fight to protect members’ right to strike.
In a historic ruling, 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.
This is a historic and important decision confirming the right to strike for working people. Further, the Court characterized the government’s request to delay the implementation of the decision until after March 31st, 2024, as unreasonable. Effective immediately the legislation is declared unconstitutional and of no force and effect.
