Subway operators fighting decision to staff trains with only one operator, claiming unsafe

Three Toronto subway operators engaged in a work refusal after the Toronto Transit Commission decided to staff subway trains with only one operator (instead of two).

Their union is now fighting a Ministry of Labour inspector’s decision that the staffing arrangements were “not likely to endanger” and therefore did not justify the work refusal under the Occupational Health and Safety Act.

The union appealed the MOL inspector’s decision to the Ontario Labour Relations Board, and also grieved the TTC’s one-operator decision under the collective agreement.

The union asked to adjourn the OLRB appeal pending the outcome of the grievance proceedings. The employer opposed the adjournment. The OLRB granted the adjournment due to the grievance proceedings.   Although it was unclear as to whether the issues before the OLRB and the grievance arbitrator were the same, the OLRB stated that if the arbitrator ultimately decided not to hear aspects of the grievance that overlap with the OLRB appeal, the OLRB would relist the OLRB appeal for hearing.

We will continue to monitor the reported decisions in this case and will provide updates on this blog.

Amalgamated Transit Union, Local 113 v Toronto Transit Commission, 2016 CanLII 90788 (ON LRB)


Adrian Miedema

About Adrian Miedema

Adrian is a partner in the Toronto Employment group of Dentons Canada LLP. He advises and represents public- and private-sector employers in employment, health and safety and human rights matters. He appears before employment tribunals and all levels of the Ontario courts on behalf of employers. He also advises employers on strategic and risk management considerations in employment policy and contracts.

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