TTC Essential Services Legislation Roundup

Dalton McGuinty's Liberals (with the support of Tim Hudak's Progressive Conservatives and while Andrea Horwath's NDP are taking a curious wait and see approach) have introduced Bill 150 Toronto Transit Commission Labour Disputes Resolution Act, 2011 which is essential service legislation denying unionized TTC workers the right to strike at the behest of City of Toronto Mayor Rob Ford.  This legislation is reactionary politics of worst sort that betrays the fears of the Liberals about losing the upcoming provincial election and exposes the lack of any sort of wider strategic policy agenda outside of maintaining power. While the situation at the TTC isn't explicitly an youth issue, it does have widespread ramifications about how labour relations is addressed in Ontario and highlights wider shifts in Canadian society during the era of globalization where citizens identify themselves more as consumers (ie. customer service) rather than along class lines (ie. diminished class consciousness). I've culled various articles below debating this issue from various blogs and media outlets.

David Doorey's blog has excellent ongoing coverage. Here's a discussion about the flawed economic basis behind the essential services argument and how the $50 million a day cost to Toronto in the event of strike is a highly suspect figure with little basis in reality. The ramifications under the Charter in the wake of B.C. Health Services and international labour law are discussed here. Here's a discussion about some of the strategic legal considerations the government is grappling with. The fundamental human rights considerations are discussed here with commentary from John O'Grady here. Finally, here's a post on why allowing the right to strike is the cheaper option.

In terms of media coverage the following caught my eye. This article discusses concerns about whether this is the first step in a wider assault on collective bargaining. Here is some coverage that includes video of Labour Minister Charles Sousa answering questions about Bill 150. Adam Radwanski's commentary is interesting, but doesn't consider whether it's good public policy to allow a highly questionable transit strategy to proceed. This article discusses how the essential services argument failed at the Canadian Industrial Relations Board when Ottawa was in the midst of an OC Transpo strike, remember that due to OC Transpo's inter-provincial operations it's a federal undertaking and subject to the Canada Labour Code so a different legal framework than the one the TTC is subject to.

That's the extent of what I've found in terms of essential services discussion. One last interesting fact I learned in reading about this issue that paramedics in Toronto are not covered by essential services legislation, rather they are deemed designated workers under the Ambulance Services Collective Bargaining Act and as such only a segment of the paramedics are deemed essential. Strategically, economically, and politically it would have made more sense for Rob Ford to push for this model over the essential services one for a host of reasons; however, this would have required a nuanced understanding of labour relations, something that the bright lights in the Ford administration do not possess. If anyone has any ideas or comments to share with me please send me an email.