Ontario acts to keep Toronto moving

    Legislation requires the TTC to go back to work

    TORONTO, April 27 /CNW/ -


    The Ontario legislature has passed legislation that requires Toronto
Transit Commission (TTC) workers to return to work. The legislation governs
labour disputes between the TTC and three unions, Local 113 Amalgamated
Transit Union, Lodge 235 of the International Association of Machinists and
Aerospace Workers and the Canadian Union of Public Employees Local 2.
    The legislation requires any strike or lock-out at the TTC to be
terminated on Royal Assent. The TTC is also required to resume its normal
    All outstanding issues are referred to binding mediation-arbitration. The
TTC and each of its three unions have five days to agree on a
mediator-arbitrator, or one will be appointed by the Minister of Labour.


    "Our government respects and believes in the collective bargaining
process. We encourage the TTC and its unions to continue bargaining and to
reach mutually acceptable agreements. At the same time, we cannot stand by
while the dispute shuts down the vital transportation system in Toronto,
affecting millions of people and businesses." Labour Minister Brad Duguid.

                                                      Disponible en français


             Toronto Public Transit Service Resumption Act, 2008

    The Toronto Public Transit Service Resumption Act, 2008 ends labour
disputes involving the Toronto Transit Commission (TTC) and Local 113 of the
Amalgamated Transit Union, Lodge 235 of the International Association of
Machinists and Aerospace Workers, and the Canadian Union of Public Employees
Local 2.

    Termination of strikes and lock-outs

    The Act requires the TTC to terminate any ongoing lock-out and the TTC
unions are required to terminate any ongoing strike. The TTC is also required
to resume or continue its normal operations.
    There is also a prohibition on any further strike or lock-out with
respect to this round of collective bargaining. Any action to call, authorize,
threaten, counsel, procure, support or encourage a strike or lock-out is also

    Appointment of Mediator-Arbitrator

    All outstanding issues in dispute between the TTC and its unions are
immediately referred to binding mediation-arbitration.
    The TTC and each of its unions have five days to agree on the appointment
of a mediator-arbitrator and to notify the Minister of Labour. If they are
unable to agree, the Minister would appoint a mediator-arbitrator who is, in
the Minister's opinion, qualified to act. The Minister would also appoint a
new mediator-arbitrator if a replacement were to be required.


    The mediator-arbitrator has the exclusive power to determine all matters
necessary to conclude a new collective agreement, and also has the ability to
assist the parties in settling any related matter.
    Nothing in the Act prohibits the parties from continuing to negotiate,
and they are encouraged to do so. If the parties execute a new collective
agreement, they are required to inform the mediator-arbitrator, and the
mediation-arbitration process would terminate.
    The mediator-arbitrator is required to begin the proceedings within
30 days of being appointed. The Act also requires the mediator-arbitrator to
make an award within 90 days of his or her appointment. The parties and the
mediator-arbitrator have the power to extend these time limits, on agreement,
before or after they expire.
    In making the award, the mediator-arbitrator will be required to take
into consideration a number of criteria, including the employer's ability to
pay and the economic situation in Ontario and the City of Toronto.
    The award will be required to specify a term of operation for the
collective agreement, which must be at least three years. The award will be
final and binding on the TTC, the respective TTC union, and all employees who
are members of that TTC union.
    Until a new collective agreement is in place, the terms and conditions of
employment that applied the day before a strike became lawful will continue to
apply with respect to the employees represented by TTC unions, unless the TTC
and the TTC union agree otherwise.


    A failure to comply with the provisions of the proposed act that require
the termination of lock-outs and strikes and prohibit them from occurring
would constitute an offence punishable upon conviction by a fine of up to
$2,000 for an individual and up to $25,000 in any other case. Each day of
non-compliance would constitute a separate offence.
    A strike or lock-out in contravention of the act would also be deemed an
unlawful strike for the purposes of the Labour Relations Act, 1995, and the
aggrieved party could apply to the Ontario Labour Relations Board for a remedy
such as monetary damages.

                                                      Disponible en français

For further information:

For further information: Susan McConnell, Minister's Office, (416)
326-7710; Tom Zach, Ministry of Labour, (416) 326-7404

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