Before trusteeship, Kinnear conspired with Unifor to raid Local 113

Former ATU 113 president worked against his own union while still on the payroll, made deal with Unifor: trustee

The former president of Amalgamated Transit Union (ATU) Local 113 planned his secretive move to transfer the Local’s members to another union while he was still on the ATU’s payroll, ATU Trustee Manny Sforza told reporters today.

Kinnear’s public relations advisor “served as a conduit for communications between Kinnear, his attorneys, and the top leadership of Unifor” while Kinnear was still president of Local 113, Sforza said.

An email discovered in the Local 113 office shows the consultant, who was also paid by the Local, “relayed messages using the personal email account of Mr. Kinnear’s assistant, rather than her Local 113 account, in hopes of keeping this conspiracy secret,” Sfroza said.

In the email dated Feb. 2, the day before the Local was placed under trusteeship, consultant Bill Reno shared a notice of motion against the ATU drafted by Kinnear’s lawyers with two senior Unifor staff members.

In the email, lawyer Sean Dewart of Dewart Gleason LLP asks Reno to “covey all of this to BK [Bob Kinnear] and get the message to the Local’s staff”.
The consultant asked Kinear’s assistant to “please print out the email message and the attachment and give to Bob [Kinnear] asap. Plus I have news from Chris MacDonald [assistant to CLC President Hassan Yussuff] of the CLC. Bob can call me about that.”
“To Mr. Kinnear, the members and leaders of Local 113 have this message: you’ve been exposed. Your game is over. Local 113 is not for sale,” Sforza said.
John Di Nino, a reinstated member of the Local 113 executive, told the news conference that he was approached by a Kinnear operative with the offer of a “patronage job” if he would work for Kinnear.
Frank Grimaldi, another reinstated member of the executive, told the news conference that he supported the international union’s trusteeship to safeguard the Local’s assets and pension plan.

“Kinnear’s actions were underhanded and secretive,” said Sforza. “While being paid by the union, he violated his oath of office and worked actively against the interests of our members. We condemn his actions and the equally secretive and underhanded machinations of Unifor.”
Sforza, an International Vice President of the ATU, is a Toronto resident and longtime executive board member of the Local.

 

 

Reno-Unifor-Kinnear

ATU Responds to CLC Allegations

Following misinformed statements recently made by officers of the Canadian Labour Congress regarding the temporary trusteeship of ATU Local 113, the Amalgamated Transit Union sent the following letter to CLC President Hassan Yussuff.

 

Letter from ATU to CLC President Yussuff

Toronto transit to enhance security to prevent assaults on drivers

TTC to deploy special constables on buses, streetcars

(Canadian OH&S News) — The Toronto Transit Commission (TTC) is moving ahead with a plan to put special constables on some buses and streetcars, to discourage passengers from assaulting drivers.

The initiative is an expansion of a four-week pilot project that the TTC enacted in December, BUS STOP, or Bringing Uniform Support to Surface Transportation Operating Personnel. This program had special constables boarding 373 buses on seven routes to prevent violence while protecting revenue, according to TTC chief special constable Mark Cousins.

“What we found during that time was that because we were present, you had less fare evasion, you had less fare disputes, less assaults,” said Cousins. “We felt that we were having a positive impact in supporting the operator and also reminding folks of the proper rules of engagement.”

Nearly 400 TTC employees were physically assaulted by customers in 2016, and 285 of those were vehicle operators, Cousins said. About two-fifths of the operator assaults resulted from fare disputes. “We created BUS STOP because we saw the numbers and we said, ‘We’ve got to get out there and do something about this.’”

For the moment, at least, the extra visibility of security will be on selected buses, streetcars and routes. Cousins employs 41 special constables, and the TTC puts out more than 1,500 buses per day. Deployment of the constables will depend on which routes need the most assistance, as per the TTC’s data.

“So for example, if you said, ‘Every day, this guy gets on the bus at two o’clock, and he hits me or he spits on me,’ or whatever, well, maybe we should be there today at two,” said Cousins. “So it’s sort of hit and miss, and it’s fluid.”

Not everybody is optimistic about the TTC’s plan to curb transit violence. Bob Kinnear, the president of Local 113 of the Amalgamated Transit Union (ATU), expects little to change.

“We’re not holding our breath,” said Kinnear, whose union represents TTC operators. “There’s always talk about increased levels of visibility and things like that, and it never really generally comes to light.”

One of the biggest problems, he explained, is that neither the public nor the ATU takes the TTC’s special constables seriously as an authority. He cited the incident at Union subway station nearly two years ago — when Russell Gillman and son Jamie Gillman were involved in a scuffle with TTC personnel after a Toronto Maple Leafs game (COHSN, April 7, 2015) — as an example of their ineffectiveness.

“We have a special name for them,” said Kinnear about the special constables. “We call them the Rainbow Squad. They always arrive after the storm.”

A better solution, he suggested, would be a regular presence of Toronto Police Service officers aboard TTC vehicles. “When you ride the system,” he said, “and you see these constables or these fare-enforcement officers get on, it almost feels like a police state.” People would be far more responsive to outside police personnel, he added.

“These special constables,” said Kinnear, “it’s just not conducive to people having a heightened feeling of safety and security.”

Cousins said that the special constables would not be the only enhancement of security on the TTC. The system is also increasing its video-review process.

“Every single bus is equipped with CCTV,” he said. “As long as the equipment’s working, every single assault that’s committed on an operator is caught on tape. And so we review that tape, we look for the suspect; if the suspect can be identified and charges are appropriate, they’re charged.

“So we will be having a very robust video review of every incident.”

Of the assaults against TTC drivers, 34 per cent involve spitting, while another 31 per cent are physical strikes like slaps and punches, Cousins noted.

TTC gets money for drug testing, but not subway safety plan

Committee votes to prioritize random drug and alcohol testing for TTC workers over subway maintenance and track safety programs.

The head of the TTC worker’s union is criticizing a decision by a city committee to add money to this year’s budget to pay for random drug testing of transit employees, while at the same time declining to fund new subway reliability and track safety programs.

As part of an omnibus motion on the city’s 2017 spending plan, councillors on the budget committee voted Tuesday to fund two items that the TTC requested but were originally left out of the agency’s preliminary budget.

The committee agreed to spend $1.3 million on the controversial drug testing plan, and $98,000 to employ additional transit enforcement officers.

However, there are still $4.4 million worth of “new and enhanced” services that TTC staff requested but remain unfunded. They include $1.2 million to improve signal, track, and power reliability on the subway system, a program that TTC staff say addresses “safety critical systems.”

Also unfunded is $1.3-million for a subway safety plan — which would employ watchpersons to manage train traffic when crews are at track level — and $1.9 million for retraining workers as the TTC switches to the Presto smart card system.

The budget could still change before council approves it next month, but Bob Kinnear, president of Amalgamated Transit Union Local 113 said, the committee’s decision was “very short sighted.”

“We’ve seen the results of not being proactive when it comes to maintaining our equipment,” he said, citing the “hot car” issue that plagued subways on Line 2 (Bloor-Danforth) last summer.

He said the track safety program is also vital. In 2012, a track worker died when he was struck by a maintenance train near Yorkdale station.

“Our track workers work in very difficult conditions. They’re in a very confined area, they’re working with 600 volts of electricity, so every possible measure that could be taken to improve or maintain their safety should not be disregarded,” Kinnear said.

Asked whether the TTC agreed with the budget committee’s decision to prioritize the drug testing program over the other items, a spokesperson for the agency issued a brief statement.

“TTC staff believe all of these matters are important, which is why we included them in the budget,” wrote Stuart Green in an email. “The TTC board will need to direct staff on next steps if council supports the budget committee’s recommendations.”

Budget chief councillor Gary Crawford said the committee decided to fund drug testing after a “dialogue” with the TTC during a recent budget meeting. “Some difficult choices had to be made as part of the budget process and we couldn’t do everything,” he said.

In an emailed statement, TTC chair Josh Colle said that he was “pleased” the drug program and transit enforcement officers received funding, and noted that the two programs “were investments that were endorsed by the TTC board.” He didn’t say whether he felt they were more important than the items that were left unfunded.

Kinnear’s union opposes random drug and alcohol testing, which the TTC has been pursuing since shortly after the 2007 death of one its workers, who was later found to have marijuana in his system.

The transit agency argues that random testing is necessary to ensure the safety of workers and customers, while the union argues that it’s a violation of employees’ rights.

In December, the TTC announced that it would begin the testing on Mar. 1. The Star has learned that the union has since filed a court injunction against the program, and hearings are scheduled for Feb. 28 and Mar. 1.

The TTC now says it plans to start the program on Apr. 1, pending the outcome of the hearings.

The 2017 budget will go to the mayor’s executive committee next month, with a final vote expected at council’s Feb. 15 meeting.

TTC announces 2017 will see fewer weekend subway closures than last year

Ahead of a TTC board meeting on Wednesday, the number of weekend closures for 2017 has been announced and the amount is down compared to last year.

The transit agency has 35 closures scheduled between now and Dec. 3, according to a presentation that the TTC board will review on Wednesday.

The number of closures is fewer than last year, which saw 38 total closures.

Line 1 (Yonge-University-Spadina) will be affected by 18 closures while parts of Line 2 (Bloor-Danforth) will be affected by eight of the closures. As well, Line 3 (Scarborough RT) will be affected three times and Line 4 (Sheppard) will only be closed one time in 2017.

During the 38 closures the TTC saw last year, more than 5,000 metres of rail was replaced, 180,000 metres of signal cabling was installed and eight rail crossovers saw major maintenance.

The TTC does complete maintenance overnight but they say the short three-hour window, and six hours on Saturday, when the subway is not running is not enough time to complete the work.

“On weekends there are fewer customers travelling, so this is often the best time for full day closures to be used,” the TTC said in their report.

The TTC also added that each full day closure is the equivalent of approximately five weeks of night work.

The majority of the closures for this year are meant to allow an automatic train control (ATC) signaling system to be installed on Line 1. ATC is supposed to improve the speed of trains and ensure more reliable travel times for customers.

Line 1 will be shut down from St. George to Downsview stations a total of 11 times to commission and test ATC.

The TTC plans to have ATC fully operating on portions of Line 1 by the opening of the York subway extension at the end of the year.

The first closure of the year is scheduled between Downsview and St. George stations on Jan. 21 and 22.

The other closures fall on the list of dates below. However, the presentation did not specify which subway stations would be affected on each date.

Parts of Line 1:
• Feb. 25 and 26
• Apr. 1 and 2
• Apr. 8 and 9
• Apr. 29 and 30
• May 20 and 21
• Jun. 3 and 4
• Jun. 17 and 18
• Jul. 15 and 16
• Jul. 29 and 30
• Sept. 16 and 17
• Oct. 14 and 15
• Oct. 21 and 22
• Oct. 28 and 29
• Nov. 4 and 5
• Nov. 11 and 12
• Nov. 25 and 26
• Dec. 2 and 3

Parts of Line 2:
• Mar. 18 and 19
• Apr. 15 and 16
• May 13 and 14
• May 27 and 28
• Jun. 10 and 11
• Jul. 8 and 9
• Aug. 19 and 20
• Aug. 26 and 27
• Sept. 9 and 10
• Oct. 7, 8 and 9

Parts of Line 3:
• May 6 and 7
• Jun. 24 and 25
• Aug. 12 and 13

Parts of Line 4:
• Mar. 4 and 5

Shuttle buses replace Queen streetcar in part of west end for rest of 2017

Streetcar passengers on the 501 Queen route have been getting rough ride lately, and it’s not going to end any time soon.

Shuttle buses have replaced streetcars on the 501 Queen route west of Roncesvalles Avenue on the Queensway and Lake Shore Boulevard West.

The Toronto Transit Commission said the service change began on Jan. 8 and is expected to last until the end of 2017.

Detour of 501 Queen streetcar to continue into December due to water main work

TTC spokesperson Brad Ross said Monday the city will be doing bridge repairs on the Queensway and the TTC will use the closure to repair tracks and overhead wires.

Ross said buses will also bypass the Humber Loop while improvements are being made there.

“We are going to rebuild that … new track, upgrade the building, make the loop itself accessible for the new streetcar,” he said.

Ross acknowledged that streetcars were also diverted on Queen Street between Bathurst Street and Spadina Avenue from May until December for water main work.

“We do everything we can to minimize the disruption and the inconvenience but this is critical work that the city needs to do,” he said.

The following changes are in effect:

  • 501/301 Queen streetcars are running between Roncesvalles Avenue, downtown, and Neville Park Loop.
  • 501L/301L Queen buses are running between Dufferin Street (Dufferin Gate Loop) and Long Branch Loop, via Queen Street, The Queensway, Windermere Avenue, and Lake Shore Boulevard.
  • 501M Queen is running a clockwise service linking The Queensway with Lake Shore Boulevard, Marine Parade Drive, and Park Lawn Road.

501 route diversion

The TTC says the diversion will mean improvements along the 501 route, including equipping the Humber Loop for the new streetcars. (TTC)

The TTC says the diversion will mean improvements along the 501 route, including equipping the Humber Loop for the new streetcars. (TTC)

Customers can board streetcars between Dufferin Street and Roncesvalles Avenue.

The TTC said passengers using PRESTO, when transferring between buses and streetcars, should not tap onto the next vehicle when boarding.

TTC considers cameras to catch drivers flying past open streetcar doors

The TTC is considering putting cameras on streetcars to catch drivers illegally whizzing by open doors.

“TTC customers or pedestrians who are either boarding or exiting have been hit, and over the decades, people have lost their lives,” TTC spokesperson Brad Ross said. “It only takes one car to kill somebody or to hurt somebody seriously.”

Similar to red light cameras, the cameras would capture licence plates, allowing vehicle owners to be issued a fine for violating the Highway Traffic Act — $110 and three demerit points.

“It would act as a further deterrent and consequence, frankly, for this dangerous behaviour,” Ross said.

Glenn De Baeremaeker, city councillor for Ward 38, sits on the TTC board and put forward a motion in June 2015 asking “that TTC staff report back to the Commission on the feasibility of undertaking a pilot project that would assess and quantify the frequency of traffic violations by motorists who improperly pass streetcars while TTC streetcars are stopped.”

Ross said the TTC is in the preliminary stages of looking into available technologies and considering logistics.

“We have to sort out how those tickets are issued and how that information is collected,” Ross said.

A ‘significant’ safety issue

Before moving forward, the province would have to approve a pilot project and make necessary regulatory changes.

Ward 19 councillor Mike Layton sees the problem firsthand while riding the streetcar to work.

“One of the things that is most frightening is when those doors open and you’re getting off and you don’t know if the cars have stopped,” he said.

He thinks the camera idea is worth pursuing.

“The reality is, we don’t have an effective way of enforcing this very significant safety issue with respect to our roads.”

Red light cameras ‘really effective’

In August 2004, the Ontario government passed legislation that allows municipalities to operate red light cameras.

As part of a pilot project, 77 cameras were installed at high-risk intersections in Toronto.

Roger Browne, manager of traffic safety with the city of Toronto, calls the cameras “really effective” and said that according to the latest data, the cameras have decreased the number of T-bone collisions by 60 per cent.

An intersection needs seven or more collisions over a five-year period in order to warrant a camera. Browne said most of the cameras from the pilot project are being de-commissioned because they no longer meet those requirements.

“The numbers have dropped so significantly,” Browne said. “The purpose has been served.”

A new five-year red light camera program launched in Toronto on January 1. Over the next five to ten years, 75 new cameras will be installed at the intersections Toronto police have identified as having the highest number of collisions.

The TTC hopes to have a feasibility report on traffic cameras completed by the end of the year.

No booze on board: Drug and alcohol tests coming for TTC staff

The TTC has provoked the ire of its largest union by announcing that it will begin randomly testing its employees for drug and alcohol use starting on March 1.

In a news release on Thursday, the transit agency said that it had given formal notice to its workers that it was moving ahead with the plan, which has been in the works for five years.

Under the plan, 20 per cent of employees occupied in “safety sensitive” positions — including some management and executives — would be subject to the tests for drugs and alcohol. Those who would be tested include vehicle operators, maintenance workers, and supervisors.

The release said that the program would only detect “likely impairment” at the time of the test. In response to the news, the union representing 10,000 TTC employees declared it intends to file a court injunction against the testing scheme.

Bob Kinnear, president of Amalgamated Transit Union Local 113, claimed that the Supreme Court has ruled that random drug testing is unlawful unless the employer can show justification.

“It’s clear the TTC does not have the justification for it,” Kinnear said in an interview. “Our members are furious.”

The TTC has said it has legal advice confirming that its plans are legal. Kinnear said that the union planned to file an injunction within a week.

Under a 2010 “fitness for duty” policy, the TTC already tests employees for impairment if management has “reasonable cause” or if the employee is involved in a safety-related incident, has violated the policy, or has returned from addiction treatment.

The agency says that it has seen a sharp increase in positive tests or refusals to be tested in recent years. There were nine in 2011, 16 in 2013, and 27 in 2015.

“This is not acceptable and the TTC cannot wait any longer to act,” the news release said.

Kinnear said he doubted whether the TTC’s numbers could be trusted, but that even if they were taken at face value, they didn’t justify subjecting the bulk of the agency’s workforce to tests that could ruin their livelihood, “because you’ve got half a per cent that may not be able to meet the standard that the TTC is applying.”

A third party would run the testing, the TTC said. Alcohol tests would be done via breathalyzer, while an oral swab would be used for drugs.

It’s not clear how the TTC will pay for the tests. Last week the agency’s board approved $1.3 million in funding for it next year, but that money was not included in a preliminary 2017 budget prepared by city staff this week.

TTC spokesperson Brad Ross signalled that the agency intends to move ahead with the plan regardless.

TTC unveils new colour scheme for buses

TTC buses will soon get a new look to match the new streetcars.

TTC spokesman Brad Ross shared images of the buses’ new colour scheme on Twitter, and stressed for those concerned that there wouldn’t be an additional cost associated with the change as the paint scheme would only be used on newly acquired buses and those that already needed a new paint job.

Ross also added on Twitter that the new look would be a combination of paint and vinyl wrap.

Since sharing the images on Tuesday, many have tweeted back at Ross with approval, and some also took the opportunity to take a jab at Toronto Police Service’s controversial short-lived grey cruisers.

Torontonians will be able to see the new buses on streets soon. Ross tweeted that the TTC has two of the buses with the new livery under wraps and they will be put into service in a few days. However, he wasn’t ready to share where they would be rolled out.