Toronto Transit Commission

Toronto Transit Commission

May 29, 2006 07:12 ET

TTC: Labour Board Issues Cease and Desist Order

TORONTO, ONTARIO--(CCNMatthews - May 29, 2006) - The Ontario Labour Board has issued a Cease and Desist Order in response to the illegal picket line activity at TTC locations.

TTC is requesting the Toronto Media to advise TTC employees, who were affected by picket lines, to return to their work location in order to provide service.

Employees are encouraged to return to work as the picket lines are removed.

Service and the quality of that service will be dependent on the number of operators available.

ONTARIO LABOUR RELATIONS BOARD

IN THE MATTER OF AN APPLICATION FOR A DECLARATION AND DIRECTION CONCERNING AN UNLAWFUL STRIKE PURSUANT TO SECTION 100 OF THE LABOUR RELATIONS ACT

BETWEEN

THE TORONTO TRANSIT COMMISSION and AMALGAMATED TRANSIT UNION, LOCAL 113, MIKE SMITH AND OTHERS NAMED IN THE APPLICATION

BEFORE

Kevin Whitaker, Chair, Ontario Labour Relations Board

Monday May 29, 2006

1. This is an application filed by the TTC for a declaration and direction concerning an unlawful strike, pursuant to section 100 of the Labour Relations Act (the "Act"). The application was filed with me personally by counsel for the TTC on the morning of May 29, 2006 at approximately 4:30 AM. The application has yet to be assigned a Board File number.

2. The applicant alleges that the ATU Local 113 is currently engaged in an unlawful strike with the consequence that the TTC is not able to provide public transit this morning, May 29, 2006.

3. Immediately upon receipt of the application, I attempted to contact the President of the ATU, the Vice-President of the ATU and counsel who normally act for the ATU in matters before the Board. Being unsuccessful in speaking to these officers or counsel over the telephone, I left telephone messages advising them that a hearing by conference call was scheduled for 5:30 AM today May 29, 2006, providing them with a call in number, to deal with the application. Further, I sent a notice of such hearing by conference call to the ATU by facsimile.

4. I find on the material filed that the ATU has been served with both the application and has notice of the hearing by conference call scheduled to deal with the application.

5. The TTC participated in the hearing by conference call. No one participated on behalf of the ATU.

6. In addition to the material filed, the TTC confirmed in the hearing that picket lines consisting of ATU members were operating at all nine TTC Divisions and that employees were either being prevented from reporting to work or were choosing not to cross picket lines. The consequence is that public transit is not operating in the City of Toronto- for example, only seven buses are on the road where normally there would be 1300 buses providing transit service. There are similar consequences for the subway and street car operations.

7. The parties are currently covered by a collective agreement which is effective until March 31, 2008.

Declaration

8. In the circumstances, the Board finds and declares that the ATU is engaged in an unlawful strike contrary to the provisions of section 100 of the Act.

Order

9. The Board Orders and Directs the employees of the TTC to immediately cease and desist from any further engagement in an unlawful strike. Officers, officials and agents of the ATU shall cease and desist from procuring, supporting or encouraging an unlawful strike. Employees shall perform their assigned duties and shall not restrain or prevent any other employee from reporting to work.

10. The parties are directed to post a copy of this decision immediately in the workplace where it is likely to come to the attention of employees.

11. The Board remains seized to deal with any further issues arising from this application or the implementation of the Board's Orders and Directions.

Kevin Whitaker, Chair, Ontario Labour Relations Board

Contact Information

  • Toronto Transit Commission
    Marilyn Bolton
    Media Relations
    (416) 393-3741