Binding arbitration and request for eight hours rest between shifts - the best possible outcome
This 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.
January 31st, 2009 at 7:34 pm
It doesn’t help to exaggerate things, I agree, Mr. O’Brien, but I would respectfully request that you avoid the words ‘inconvenient’ or ‘inconvenience’ when describing the strike. To quote a radio commentator I heard, inconvenience is when you show up a Tim Horten’s for a cup of coffee and they’re all out of sweet ‘n low. Maybe you won’t have to describe the strike again - it isn’t good to dwell on what can no longer be changed - but if you have to do so, please look for a different adjective. If you’re looking for ideas, you can use a thesaurus to search on the word ‘horrendous’.
On the subject of the future, I’m assuming that on Monday the Council will be discussing ways on how you can help commuters who won’t have their local or express service yet. For example will all-day on-street parking still be available as it was during the strike? I think that would help, and it would also help mitigate the expected over-crowding on the transit routes during rush hour.
I’m also wondering (and I know this is less important) how long the December passes will be good for. Having them only good until the end of February doesn’t seem very fair, given the lower level of service in February, as well as the fact that service will be free for much of that time anyway. You could offer discounts to December passholders for future months, but I think that would be unnecessarily complex to administer. I’d suggest honouring the December passes until the end of March.
February 1st, 2009 at 8:54 am
Free service from the 9th to the 15th? Wow. Thanks.
You take away transit for 52 days, and you’re trying to find a way to entice riders back to transit and make up for the strike. And 6 days of free transit is the best you can do?
If you’re trying to take away some of the anger that passengers are feeling, this isn’t going to do it. Instead, you are trivializing 52 days of suffering.
Smarten up.
What, may I ask, do you plan to do for the people who won’t even HAVE buses during those 6 days of free transit. I bet they’re really grateful.
You had 52 days to figure out how to get the buses back effectively. 6 days of free transit isn’t going to cut it.
February 1st, 2009 at 10:01 am
Petition the Feds to declare OC Transpo as essential service.
February 2nd, 2009 at 8:26 am
I hope the city will do what they said that they will layoff 500 driver or more since the buses are not running in full service. Lots of people lost their jobs due to the strike. I hope OC don’t get their $2.500 bonus & their scheduling. Now that the strike is over the senior driver wants to split their shift with junior driver wow… I thougt the senior did not want to share or let junior have their run Bull…. it’s too late to share your run with junior driver. The city said they will layoff driver do it, or people will really be upset at what was said during the srike about layoff keep your word & start today too layoff drivers. 2,300 employee so if the buses are not running in full again layoff staff. PS the City of Ottawa are your EMPLOYER so there are the one that pay your salary OC Driver so if you don’t like your job get another one. I hope something will be done on making buses an essential services because in 18 month it will start again. Like i said before if the old buses are not in good shape scrap them & again layoff drivers & don’t buy new ones because of the recession.
February 2nd, 2009 at 9:28 am
I’m glad to see strike is over.
Essential service designation is NOT way to go. Collective bargaining despite its challenges remains the best way to resolve labour-management disputes.
Also I would suggest in future you, as chief elected politician NOT take so prominent public role in negotiations. As I understand it you are elected to represent all residents of our fair city. OC Transpo and other departments have managers well qualified to negotiate with their respective employees.
Of course our civil leaders (you and council) will set an overall framework for negotiations.. but our civic leader should not be publicly commenting on the merits or lack thereof of the parties’ case. HIndsignt is always 20/20 but I wonder if fewer public pronouncements may have shortened the most recent dispute.
February 2nd, 2009 at 10:03 am
I am happy that there is finally light at the end of the tunnel. However, I agree with other commenters that you will have to do better than to offer 6 free days (during which most of the routes won’t be running), and the December passes. It’s not fair to the citizens; just refund our money and that way, we can use it when our busses are actually running! What about those of us who do not plan on using transit anymore? It is my belief that OC Transpo will be facing a significant decline in ridership for a long time. We will need to see significant changes to customer service.
Secondly, the citizens of Ottawa were strongly encouraged to use public transit, making it an essential service for many who gave up cars and other means of travel, relying solely on OC Transpo. If you plan on enticing us again, I would strongly suggest you work on devising a plan to ensure a strike does not ever happen again.
February 2nd, 2009 at 11:55 am
OC Transpo MUST be declared an essential service.
But, the rest between shifts is imperative. As a senior manager who saw workers go from 8 - 12 hour shifts (or longer with OT) I can tell you that there is a dramatic drop in attention let alone mood etc the longer one stays on post.
I am stunned that this was never addressed before as the last thing I want is an OC Transpo driver ferrying me around after 12+ hours on the job.
2 drivers I know had Heart attacks (on the job) and I can only believe the ridiculous hours they put in for OT$$$ is a contributiog factor.
February 2nd, 2009 at 6:50 pm
Please tell me that those bus drivers who voted to strike are not getting paid now just because the strike is over !
They should only recieve pay if they are performing their duties, right?
Those that are working to revive the buses should be paid (and no overtime) and that is all.
Anyone else can wait in line to get paid just like the reast of us.
Mayor Larry tell me I am right!
February 2nd, 2009 at 8:00 pm
I’m going to need a refund on my taxes for the OC Transpo service that I paid for but am still unable to access. When I pay for a service I expect it to be there for me, or I get my money back. The sooner the better, I could use the money, because these are tough economic times.
February 3rd, 2009 at 1:48 pm
I am happy to see the end in sight as well. We should have 52 days of free service. They disrupted a lot of people and did a lot of damage.
February 4th, 2009 at 8:33 am
WOWWWWWWWWW im surprise the city agree with the union to let all drivers to work some hours a week to help get the buses running WOW.
Who will help the people who lost their job & students that had to find rides for their exam & some student have to start all over & the people that walk 52 days to go to work. And the people that miss their doctors appointment & treatment. I hope the citizens of Ottawa can remember this day & what they went thru because its going to start all over again in 18 month, so you know what to do take your car to work and forget the buses rely on yourself, not the buses & not the city, Woww free bus till the 15 Feb WOWWWW what the people should be thankful for that i don’t think so, Soon there will be some city election, people will not forget this 52 days. Now, you the OC drivers your so low at my eyes i cannot have no respect for you. I hope their will not be any accident because there is a rush to return the buses. If their is some accident who is responsible, this is my question, is it the mechanics, the MTO, the city or the union??? . Because safety is first !!!!!!!!!!!!. Last thing i want to say, the Citizens of Ottawa we have the power to make this bus service an Essential services, mail or Email to your MPs at the House of Commons if you don’t, nothing will be done, & it’s going to start all over in 18 month start now not in 18 month Good Luck!.
February 4th, 2009 at 9:01 pm
Hi,
I would like to know what contingency plan the City is planning for the Next Bus Strike. I see no need in waiting.
Also, I can see no sense in expanding Public Transit…….all that will do is hurt more people.
Indeed, it will be difficult to look at any bus driver after all the suffering I have suffered and seen and tried to help with while they were having an outdoor party outside of City Hall.
February 5th, 2009 at 9:43 am
Hi Larry, ATU will strike again no doubt. The best thing we can be doing now is preparing for it so we are not held hostage next time. At the very least a skeleton service.
I am not in favour of putting any new $$ into our transit system for the future. I do not feel the ROI will be there given how little we know about our current state. I have a funny feeling we may be able to get by with a right sized transit system that may cost less. I see alot of empty and half empty busses. Has the city ever done a Transit User Strategy Assessment that will provide the nitty gritty details on the current passenger traffic flow on the busses city wide ? If we knew that information we could be making educated decisions on what this city really needs. Furthermore the data collected in the TUSA will then support the decision process.
February 11th, 2009 at 7:59 am
The City lost at the expenses of its own citizens, especially its most vulnerable citizens. Let’s face the upcoming strike that the ATU can’t wait for!
What has been submitted to the binding arbitration? 9.25% pay increase over 3 years? That is outrageous. The City is rewarding the ATU’s action against the public.
The City owns and runs the public transit after all, “union greed” can’t explain all the mismanagement.
It takes vision and political will, it requires competency, but isn’t it what all of you were elected for?