Good to see that the TTC/city is planning to sue Kinnear's ass and discipline certain workers. Don't let that bully scare you folks.
Meanwhile Royson James is pointing all blame squarely at David Miller, insisting he could have prevented the strike (perhaps with those super-intellegent cyborgs). I won't bother linking or posting his drivel.
TTC Union remains defiant
Warns discipline will add `fuel to fire'
TTC offers $4 rebate to pass holders
May 31, 2006. 05:34 AM
KEVIN MCGRAN AND DONOVAN VINCENT
STAFF REPORTERS
A defiant TTC union leader Bob Kinnear had a message for Toronto yesterday ... lawsuits and disciplinary action will "add fuel to the fire," that triggered Monday's transit shutdown.
Kinnear's warning comes on the same day the TTC vowed to sue the union to recover the $2 million to $3 million in revenue lost during the shutdown and Mayor David Miller promised those responsible for the work stoppage will be punished.
The TTC also pledged to pay back $840,000 to the 210,000 riders with monthly or weekly Metropasses. The TTC will give $4 each to any patron who can present their May Metropass or Week 22 weekly or GTA pass at a ticket booth starting June 5.
Kinnear urged the city and the TTC to agree to a mediator to resolve the disputes that lead to the shutdown.
"It's unfortunate the occurrences (Monday) have not led to any resolution, or the appointment of someone like a mediator to try to resolve the conflict," said Kinnear. "There's no doubt that's what we need. Our local doesn't want to disrupt service to the travelling public. One way or another we have to get through these issues."
The TTC hopes to recover its losses through a grievance against the Amalgamated Transit Union. The commission wants the matter heard by an arbitrator at the Ontario Labour Relations Board.
That's the same board that issued a cease and desist order — which was ignored — to the striking workers early Monday morning and later a 2 p.m. back-to-work order which was followed.
"It was an unlawful strike and it was wrong. It's not acceptable particularly given the important role the TTC plays in this city," Miller told reporters yesterday at city hall.
"It's important from my perspective that they (the TTC) pursue the claim under the collective agreement because this (strike) is all about a fundamental breach of the agreement,'' an irate Miller said.
The mayor said the city is reviewing whether further disciplinary action can be taken, and restated the commitment to docking the pay of the 800 or so maintenance and mechanical workers believed to have led the wildcat strike at key locations across the city early Monday.
Some people called for punishment similar to that in New York where the transit union was fined $1 million (U.S.) per day and the union president sentenced to 10 days in jail for an illegal walkout in December. Premier Dalton McGuinty said the Ontario government has no plans to outlaw transit workers' right to strike.
Tim Gleason, a lawyer with Sack Goldblatt Mitchell, a well-known Toronto labour law firm said that a cease and desist order by the Ontario Labour Relations Board, a quasi-judicial administrative tribunal, is binding and comes with considerable penalties.
"It has a lot of clout and is binding on everybody," said Gleason.
If an order is ignored, the board, under the Ontario Labour Relations Act, can issue fines of up to $25,000 per day against the union and up to $2,000 per member.
Gleason said once an order is ignored, it is up to TTC management to either seek financial compensation through an independent arbitrator or go before a Superior Court judge.
Kinnear said a mediator could resolve the disputes over shift changes for some maintenance and mechanical workers, which ignited the work stoppage. There are other long-festering sore points such as health premiums, seniority rights and driver safety adding to the frustration among the workers, he said.
The strike shut down the TTC for most of Monday, leaving more than 700,000 commuters without their regular means to get to work or school. They had to walk, cycle or drive on what was the hottest and smoggiest day of the year.
Many just ended up staying home.
Meanwhile at city hall the blame game continued. Candidate Jane Pitfield argued Miller should have stepped in and prevented the illegal strike.
Miller said it was also important that he kept an arm's-length distance in the days leading up to Monday.
"I'm the mayor of this city, but if the mayor intervenes between an arm's-length agency (the TTC) and its labour union every time there's a problem, you can't have successful labour relations."
TTC Chairman Howard Moscoe said he had been talking to Kinnear regularly and that the two last spoke for about 10 minutes Sunday while Moscoe was on a bus in Saskatoon.
Moscoe had flown there for a meeting of the Canadian Public Transit Association.
with files from vanessa lu, Phinjo Gombu and robert benzie
