Transit Labour Updates Transit Labour Updates
Watson Labour Lawyers Triumphs in the New Brunswick Court of Appeal
Representing ATU 1182, Watson Labour Lawyers recently was successful in overturning the lower court’s decision regarding whether the Superintendent of Pensions had jurisdiction to determine whether or not the employees of Saint John Transit were "employees" for city pension purposes. This was a landmark case as it was the first time that the courts had been called upon to evaluate whether or not the New Brunswick Labour and Employment Board possessed the necessary expertise to interpret a statute other than the Industrial Relations Act or the Public Service Labour Relations Act.
The Union now knows who has the authority to determine this question of whether or not they are entitled to be covered by the pension. It also has important ramifications for their brothers and sisters in the other New Brunswick ATU Locals as this decision also implies that the Superintendent may determine whether or not they are covered by other cities’ respective pension plans. This decision, however, will likely have broad labour relations ramifications beyond the ATU as the Court of Appeal has affirmed that the Board clearly has the authority to interpret employment related statutes other than the Industrial Relations Act or the Public Service Labour Relations Act.
The City of Saint John has applied for leave to appeal to the Supreme Court of Canada.
A copy of the decision is available from our office.
September 2006
Unprecedented Sentence for Bus Assault May Lead to Increased Security for Transit Workers
A Winnipeg court sentenced an individual to significant jail time after he pled guilty to charges of assault and mischief arising out of his attack on a bus worker, a member of ATU Local 1505. Judge Joyal imposed an unprecedented 26 month jail sentence, highlighting the right of bus drivers to be protected on the job. In the past, most individuals convicted of such assaults received little or no punishment. Ken Foster, Director of ATU's Canadian Council, called the sentence a victory and hopes that it will serve as a deterrent against the rising trend of violence against transit workers. Furthermore, he states that the ATU will continue to "take action to ensure that members have a safe work place and that when they're victimized through violence the perpetrators will be charged and adequately sentenced.
May 2006
Transit Union Leaders Support Wrongfully Terminated ATU 1462 President
Union officials from ATU Locals across Canada converged on St. John's to express solidarity for George Crocker, president of ATU Local 1462 which represents Metrobus Operators. Crocker was dismissed from his 21 year job in early November ostensibly because of public statements he made that were critical of the transit commission's handling of assaults on Metrobus operators and that accused the St. John's Transportation Commission of violating the collective agreement by unilaterally imposing a limit on prescription drug costs for retirees over 75 years old. In a 12 page termination letter, the Transit Commission alleged Crocker was "disrespectful" of management, did not follow the "chain of command" in representing his members, and undermined management's authority by making retirees' drug costs "an election issue." The Union alleges that Crocker's termination is a violation of the Charter, in particular the freedom of speech guaranteed under 2(b) and the freedom of association guaranteed under s. 2(d).
In addition to sending seven ATU Local Presidents to show their support for Crocker during the three days of hearings in Newfoundland, ATU Locals across the country have contributed thousands of dollars towards the legal cost of the arbitration.
February 2006
Smog in Bus Barns Becoming a Workers' Health Issue
A number of Edmonton Transit workers are getting sick as a result of the smoggy air in city bus sheds. Overcrowding of equipment in the bus barns is exacerbating the issue of poor air quality. When the air in the existing bus barns is tested, the results are just shy of the regulatory limits for airborne toxins. The ATU local regularly gets complaints from transit staff suffering from headaches and difficulty breathing. Despite all this, plans to build a new transit shelf may get shelved by the Mayor of Edmonton who is looking to cut the City's budget.
December 2005
ATU 966 Successful in Thunder Bay Judicial Review Application
The Divisional Court in Thunder Bay upheld the arbitration decision of Arbitrator Verity to return a transit operator to work. The Court, not bothering to reserve its decision, immediately dismissed the judicial review application brought by the Employer and awarded costs to the Union. ATU 966 was represented by Mel Rotman on behalf of Watson Labour Lawyers.
Congratulations to ATU 966. A copy of the decision is available from our office.
December 2005
ATU 279 Reaches Agreement with OC Transpo
ATU 279 has negotiated a tentative agreement with OC Transpo, avoiding a transit strike. Members of the bargaining unit ratified the agreement in mid December. Congratulations to President Bob Simpson for his role in the difficult negotiations.
December 2005
New Employment Standards Regulation for the Ontario Transit Industry
Employment Standards Regulation 390/05 introduced by the Ontario government earlier this year applies to those who drive public transit vehicles or who work as collectors. The Regulation allows for the employer and employee to agree that an employee will have less than 11 consecutive hours free from work but no less than 8 consecutive hours free from performing work each day. The Regulation also states that the provision in the Employment Standards Act for a 30 minute meal break does not apply if the employee
is working a straight shift and has chosen to work that shift;
is working a split shift for which no meal break that complies with section 20 of the Act is provided, and has chosen to work that shift; or
is working a straight shift, or a split shift for which no meal break that complies with section 20 of the Act is provided, and has chosen to work whatever shift the employer assigns.
A copy of the regulation may be found here:
http://www.e-laws.gov.on.ca/DBLaws/Regs/English/050390_e.htm