Binding arbitration and request for eight hours rest between shifts - the best possible outcome
January 31st, 2009This past week when faced with back-to-work legislation the ATU agreed to go to binding arbitration with everything including scheduling and that is a good thing.
During the binding arbitration everything we wanted to negotiate will be on the table and frankly, we are pleased with this because it is the best possible outcome in light of impasse we had reached. This afternoon the ATU 279 ratified the agreement and yesterday Council approved the agreement so the strike is now over.
As Mayor of the City of Ottawa, I want to thank Minister Baird and Minister Ambrose for their responsiveness and quick action when it was clear that the ATU and the City were not going to reach a negotiated settlement.
Once the union was clear that legislation was coming, they called and we agreed that we should accept the full binding arbitration without conditions.
This means their scheduling condition and our financial envelope conditions were set aside. Now independent arbitrators will deal with the entire proposal.
This strike was hard on all of us in Ottawa and certainly, there are never winners in a work stoppage of this magnitude. The citizens of Ottawa have been very resilient and they have come up with innovative ways to get back and forth to work with car-pooling becoming a common practice. City staff have responded well getting over $700,000 in emergency funding out to Community Resource Centres and other community organizations.
But most importantly it was you the citizens, who went the extra mile to help your friends and co-workers, who are the heroes of this strike. I thank you very much for stepping up to the plate during the past 51 days.
One question I do get is: what was this strike all about and why did it last so long?
During public service strikes you face dilemmas and the need to balance issues; this bus strike was no exception.
The hardship inflicted on our most vulnerable citizens was visible to all of us and added almost unbearable pressure on Council to cave in to every single union demand.
Students, seniors, people living in isolation, single moms and the working poor were having their lives altered by this strike and the union was counting on Council to fold and give in completely to their demands.
On the other side of the ledger was the need to run OC Transpo in an efficient and safe way. It was the battle of economic efficiency vs. social equity at its most base level. Council and I wanted to ensure that management, not the union, was in fact in control of our OC Transpo operation and that wage increases and benefits were fair during these tough economic times.
Unlike what many people think, the issue of scheduling was not the only issue preventing a deal – we were also far apart on wages and benefits.
Moreover, we wanted to make certain that drivers would not be on the road if they did not have eight hours rest between shifts. After all, we are responsible for both the public safety of our community and the spending of your tax dollars.
That the union’s approach is one of dedicated self-interest is understandable. That is their role and they do their job with energy and enthusiasm. They also have a clear and single focus—get the best deal possible.
On the other hand, Council is required to balance public good and financial sustainability while at the same time negotiating a contract during a strike that affects our citizens. We negotiate while thousands of people have to change their lives. We hear the stories and feel the pain, since that is our job.
It was time to end the strike but not at all costs, and especially not at the cost of public safety.
Work rest rules – eight hours between shifts
We will continue to pursue regulation changes with Transport Canada to ensure our drivers are forced to have eight hours rest between shifts and never drive when fatigued.
Council is still seeking a regulations change from the federal government to impose this work rest rule of eight hours rest between shifts and we understand that review is underway that could remove parts of the excerptions that have created this situation.
Our interest was always to end this strike in a manner that was fair and reasonable to the taxpayers of Ottawa. It is also our responsibility to get the buses back on the roads. Independent arbitrators will now solve this dilemma.
The process will last a few months but during that time public transit service will be back and the inconvenience will be over. That is our number one priority - ensure our buses are safe and then return service to residents as quickly as possible.
We will also look at different options to prevent transit strikes from occurring again in our Nation’s Capital and, at the very least, limit the amount of service disruption should it occur again.