Author: Stephanie Gomez

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

CP24: Toronto Transit Commission not an ‘essential service,’ workers can go on strike, Ontario Superior Court judge rules | CP24.com

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:

• The legislation substantially interfered with meaningful collective bargaining, and impaired the union’s ability to bargain freely with the TTC,
• The removal of the right to strike has had a negative effect on the negotiating process,
• Employees have not been on an equal footing with the TTC, and
• The approach taken by TTC negotiators after the legislation was adopted is “particularly troubling”, with negotiators becoming “more confrontational and aggressive.

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:

https://wemovetoronto.ca/wp-content/uploads/2023/05/ATU-v.-Ontario-Reasons-for-Judgment-May-8-2023-Chalmers-J.docx-Final-1.pdf

Asian Heritage Month is an important occasion for all Canadians to come together to celebrate and recognize the diverse cultural contributions of Asian communities in our country. This month-long celebration has been a cherished tradition in Canada since the 1990s and was officially recognized by the federal government in May 2002.

ATU Local 113 expresses our appreciation for the invaluable contributions that our own members of Asian communities have made to our city and to Canada’s rich cultural heritage.

Stats:

Canada’s multicultural society has greatly benefited from the contributions of Asian populations, who make up nearly 22% of the country’s population. The distinct cultural heritage, history, and customs that members of Asian communities have brought to Canada have added to the vibrant tapestry of our nation. Asian Canadian cultures in Canada include, but are not limited to:

• East Asia: China, Japan, Korea, Mongolia, Taiwan
• Southeast Asia: Brunei, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand, East Timor, Vietnam
• South Asia: Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, Sri Lanka
• Western Asia: Armenia, Azerbaijan, Bahrain, Cyprus, Georgia, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, State of Palestine, Syria, Turkey, United Arab Emirates, Yemen
• Central Asia: Afghanistan, Kazakhstan, Turkmenistan, Uzbekistan, Tajikistan

Human Rights Activism and Anti-Asian Racism in Canada

The selfless activism of people of Asian heritage for social justice and human rights in Canada and their fight against oppression has contributed significantly to the growth of our labour movement and communities. The Asian community in Canada has endured discrimination and injustice, such as the Chinese Exclusion Act, the Head Tax, the exploitation of Chinese railway workers, the internment of Japanese Canadians during World War II, and the Komagata Maru incident. These struggles have left their stamp on Canadian history, and their influence is still felt today.

Sadly, racism towards Asians is still present in Canada today. Anti-Asian hate has alarmingly increased since the start of the COVID-19 outbreak, with women disproportionately affected by the rise in anti-Asian racism. It is essential to collaborate as a society to combat structural racism and advance social justice and equality for all.

Resources:

http://www.mhso.ca/tiesthatbind/LearningResources.php

https://sacda.ca/Detail/objects/2751

https://drive.google.com/file/d/1U2ki5j-h9y229pAwx-KkqjK0HmAIo9h9/view

https://www.project1907.org/

https://www.thecanadianencyclopedia.ca/en/timeline/asia-canada

https://explorasian.org/exploring-asian-heritage-in-vancouver/

https://solidarities.huafoundation.org/unpackingmyth/

http://www.vmacch.ca/beta/index.html

Congratulations to ATU Local 113’s Andrew Falotico on receiving the Toronto/York Region Labour Council’s Health and Safety Activist Awards.

Andrew is the Health and Safety Representative of our local. He supports our 12,000 union members and oversees 54 Joint Health and Safety Committees by providing information and expertise on workplace health and safety.

Andrew has advocated fought for the rights of workers and riders who take the TTC subway system to have clean air. Health Canada recognized the need to have Air Quality guidelines to reduce the exposure of harmful particulate matter.

Most recently, Andrew championed the ATU 113 Violence and Harassment campaign. During the current COVID-19 recovery and transition phase, there has been an increase in incidences of violence and harassment in public spaces, especially on public transit in Toronto. The TTC is in a rapid state of decline – impacted by the inadequate public funding, declining services, a lack of affordable housing, along with many other social and economic problems. Andrew assisted in creating a survey for members of the ATU Local 113 that highlighted violence and harassment in the workplace. Through the results of the survey, he helped bring attention to the key issues, and to identify the necessary controls needed to reduce violence and harassment in the workplace, as well as drawing attention to mental health issues.

Andrew is currently involved with several organizations, including the TTC, in designing the “bus of the future” that will address several safety concerns such as blind spots that contribute to pedestrian fatalities, improved air quality in buses that will minimize and reduce viral transmission of viruses, allow for proper accessibility for patrons who have disabilities, and a proper ergonomic workstation for operators to protect them from aggravated assault and injury.

Congratulations Andrew!

NDP federal leader, Jagmeet Singh met with ATU Local 113 members yesterday at Eglington Garage to hear the concerns of transit workers.