From across Canada, local ATU presidents came to Toronto to show support for the hardworking sisters and brothers of ATU Local 113. Hear what some of them had to say.
ATU Local 113 Statement on CLC Decision to End Unifor Raid Attempt
Amalgamated Transit Union Local 113 Statement on Canadian Labour Congress Decision to End Unifor Raid Attempt
TORONTO, ONTARIO – (February 10, 2017) – The Canadian Labour Congress (CLC) today informed the Amalgamated Transit Union (ATU) Local 113 that it has decided to reinstate its rules against raiding the local transit union.
Statement by Manny Sforza, Trustee, ATU Local 113:
“This decision by the CLC speaks to the overwhelming support ATU Local 113 has received in recent days from the vast majority of elected officials, stewards and the hardworking transit workers from across our great city and country. ATU is dedicated to transit workers, and like always, we will keep fighting for the interests of our members in Toronto.
The decision by the CLC to restore rules against raids is good for Canada’s labour movement. However, we remain disappointed by how a spokesperson at the CLC mischaracterized ATU in previous public statements, which was completely disconnected from the support we value from our members.
Bob Kinnear’s unilateral decision to walk away from ATU Local 113 was nothing more than a distraction from what matters most – the hardworking transit workers who move Toronto. With this distraction now behind us, ATU Local 113 will continue to focus on the interests of our members.”
Transit Unions across Canada Unite in Solidarity with TTC Workers
Amalgamated Transit Union members speak out against attempted raid of ATU Local 113
TORONTO, ONTARIO – (February 9, 2017) – In a strong show of solidarity with the brothers and sisters of the Amalgamated Transit Union (ATU) Local 113, today more than a dozen local union officers, including seven local presidents and the president of ATU Canada, stood shoulder-to-shoulder with ATU Local 113 at a news conference in downtown Toronto. Together, they represent tens of thousands of Canadian transit workers.
This show of strength comes after former Local 113 head, Bob Kinnear, announced he is working with Unifor to raid his own local.
Their message was clear: one person alone will not destroy a strong and united ATU that fights for the interests of thousands of hardworking transit workers and riders in Toronto and across Canada.
Statements from Presidents of ATU Locals across Canada:
Eric Tuck, President, ATU Local 107, Hamilton
“I am a part of one of the oldest Canadian ATU Locals. We went through our own fight like this from 2001-2002 when the government forced amalgamation of city unions. ATU 107 was up against a much larger union, but the International came to help alongside locals from all over Canada. And we won! I’ve done my homework. There’s not a Unifor contract for transit workers that even compares to ATU’s. They don’t even come close.”
Jack Jackson, Acting President/Business Agent, ATU Local 1572, Mississauga
“This has nothing to do with unionism. And this has nothing to do with an International versus a Canadian union. This is about Bob Kinnear trying to find a place for Bob Kinnear. I don’t want to see my brothers and sisters belong to anyone other than this historic union of ours. This union has represented and protected us regardless of the borders for 120 years. None of us want to see this change.
ATU International is rolling out training videos so smaller locals like mine don’t have to spend excessive amounts of member money traveling for training. They’re fighting against assaults on bus operators, for bathroom breaks, and to fix blind spots on our buses. No other union is taking on those issues like ATU. We are by far the leaders in the transit industry.”
“The truth is that Bob Kinnear kept ATU Local 113 from getting help from the International. When Toronto-area locals had a meeting regarding MetroLinx, I reached out to the International President for help and he responded immediately.”
Jamie Larkin, President, ATU Local 1760, Ottawa
“For me, it’s about the members. I’m worried about what they’re going to lose if they are dragged into another union. They might be losing pensions, contract language… who knows? I’m here on their behalf.”
“This dispute isn’t about Washington. It’s not even about Canada. It’s about Bob. He doesn’t want anyone to do anything that he doesn’t control. Anytime Local 1760 has asked for assistance, the International has been right there to help.”
Clint Crabtree, President, ATU Local 279, Ottawa
“I’m afraid that if we let Bob and Unifor split up Local 113, it could happen to all local unions in Canada. Unifor is not the union I want to be a part as I am happy with ATU. We have a longstanding history. My members feel the same way.”
“Anytime I’ve reached out to anyone from the International, they got back to me immediately.”
“For the International General Executive Board to recognize Tommy Douglas, a Canadian, and put his name on a building where we get to attend trainings. That’s an honor. How can you say there’s a conflict?”
John Marchington, Assistant Business Agent, ATU Local 279, Ottawa
“ATU took a century to build the strong contracts we have today. What has Unifor done? They are promising nothing will happen to ATU Local 113’s pensions. Ask yourselves how that worked out for autoworkers.”
How Did We Get Here, and What Do We Do Next?
With the outpouring of support from more than 90% of our elected shop stewards, now 13 out of 17 of our Executive board members, and the fierce loyalty of you, the members who keep Toronto moving, ATU Local 113 is back to the business of representing its members – and that means every day we are 100% focused on issues that matter to public transit workers.
We’re turning our focus to the issues you face, from grievances in the divisions and shops to protecting our public pensions to fighting attacks like the province’s essential services law and TTC’s drug testing. Nonetheless, we hear your calls for help clearing up the confusion. To help, we put together this timeline of events:
- August 2015: Kinnear says it’s time “to pass the torch.” He announces that he won’t run for re-election. September 2015: Kinnear is elected president of ATU Canada.
- October 2015: He decides to run for re-election as President of ATU Local 113 after all. Several days later, he is forced to resign as President of ATU Canada.
- December 2015: Kinnear is narrowly re-elected but violates the union constitution, illegally using membership lists in campaign while denying opponents access. A special election is ordered.
- September 2016: Kinnear is re-elected in special election.
- October 2016: Kinnear breaks commitment to ATU Local 113 members to stay a full term. He immediately announces his campaign for ATU International Vice President. He loses.
- February 2017: By seeking to bring ATU Local 113 members out of their union without the consent of their elected Executive Board, Kinnear violates union constitution and local by-laws. This triggers a trusteeship by the ATU International. Most board members and stewards rally once they understand that Kinnear is no longer representing us.
Shortly after, the trustee uncovers documents showing Kinnear secretly conspired with Unifor to raid ATU Local 113. He took ATU membership lists to help raid. At a press conference with Unifor, he admits his betrayal and knowing its consequences:
“If I had brought this to a full board meeting…I would have been ousted five minutes after that meeting was over.” – Bob Kinnear, February 7, 2017, The Globe and Mail
Next in 2017: ATU Local 113 trustee and leaders have restored full operations to the local. We will hold a hearing soon regarding removed officers. ATU Local 113 remains the official bargaining unit representatives of TTC transit workers.
UNIFOR BOUGHT BOB, BUT IT WON’T BUY US. ATU LOCAL 113 IS NOT FOR SALE!
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.
Temporary trustee of TTC union reinstates 10 board members, but not president Kinnear
Over half of the leadership team that makes up the Toronto Transit Commission local union has been reinstated by their parent U.S.-based Amalgamated Transit Union (ATU).
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.
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