Today, in Toronto, City Council is debating as to whether they should ask the province to declare the local transit system (the TTC) as an "essential service". The issue arises over an incident last spring where the TTC was in a legal strike position and in contract talks. Somewhere during the negotiation cycle things went awry. Both management and the union executive arrived at a deal that was supposed to be a 'slam dunk' with the union but, as telegraphed here, was not.The transit union voted against the deal and went on strike. Further, against union executive promises, they stuck immediately, without the agreed upon 48 hour notice. Expectant users were literally stranded in the streets following the usual Saturday night revelry. Everyone was angry. Hundreds of thousands of users were left trying to scramble for alternates before Monday's rush, not to mention those working and travelling on the Sunday. The Provincial Government ended up introducing back to work legislation to end the strike and send the parties to arbitration.
Some of the parameters of the impact of a TTC strike that are being floated around:
* 1.5 million riders per day
* traffic congestion in the city costs about $2 billion per year
* the cost of a TTC strike to the city is about $50 million per day
* the cost to accept the negotiated contract was about $11.2 million
There is no doubt that this transit system is, as most systems are across North America especially in major urban centres, a vital service to the populace. In fact, as a strong proponent of Critical Infrastructure Assurance, I would say this type of service is critical to the continued proper functioning of a city. But "essential"?
The Ontario Provincial Government, in 1993, legislated "Essential Service" through the Crown Employees Collective Bargaining Act (S.O. 1993, C. 38). In this act, essential service was defined as "services that are necessary to enable the employer to prevent,
(a) danger to life, health or safety,
(b) the destruction or serious deterioration of machinery, equipment or premises,
(c) serious environmental damage, or
(d) disruption of the administration of the courts or of legislative drafting" (s. 30)
Essential services include police, fire, ems and other life saving services. Nowhere does the legislation state, or even allude to, economic impacts. Nowhere is there mention of guaranteed access to employment. This action would put bus drivers in the same class as paramedics performing advanced care on an accident victim or firefighter running into a burning building. With all due respect to transit personnel, this designation would 'cheapen' our front line responders.
If, in this context, transit is essential, then we must necessarily include almost every other piece of critical infrastructure. Truck drivers who deliver our food (necessary sustenance), sanitation workers (health threat of curbside garbage) and oil refinery workers (we need that gasoline) to name but a few.
This movement is occurring for the wrong reasons, this is about economy and convenience, not health, safety and life protection. There are alternatives for transit (car / carpool, walk, cycle, taxi, work from home, vacation, stay with friends, etc.) but there are few alternatives to law enforcement officers.
There are better ways to deal with the issues surrounding this event. Designating transit as an essential service, thus removing their right to strike, is not one of them unless we deisgnate all critical infrastructure workers as "essential."
