Labour-Management Relations at OC Transpo – Moving Forward After The Strike

This was a strike that had to be, but never should have been. After over 50 days of the workers going without pay and the city going without transit service, and the hardships resulting from that, we ended up with a settlement that we could have had without a strike.

But the fact is that it took a strike for OC Transpo and Mayor Larry to realize they could not impose their position (the main issue being the rollback of previously negotiated contract provisions) unilaterally.

At this point we have very ill will between workers and management and the potential for a “poisoned work environment”. How do we move forward from here.

The irony of it all is that the very contentious scheduling provisions that we're at the heart of the strike were negotiated as a solution to the ill will between management and workers and a “poisoned work environment”.

The solution put forward at that time, by the consulting group KPMG, was to get both sides to work together for the common good using interest-based bargaining, rather than the traditional confrontational demands-based bargaining. Out of that came a management proposal to change the scheduling system to give the workers more control over their lives. And things did improve.

Then Larry O'Brien was elected Mayor of Ottawa, and he obviously did not bother to learn the history of OC Transpo or he chose to ignore it.

We can no longer ignore history. We not only need to rebuild OC Transpo ridership, we also need to rebuild trust between workers and management. We need to go back to the non-confrontational approach.

Their may be a need for improvements to the scheduling system. If so, they should be designed the same way the existing system was designed, by workers and management taking the time to co-operatively design a better system together.

There will be a lot of challenges to rebuild OC Transpo and rebuild ridership. The chances of success will be a lot better if workers and management do it together co-operatively. We are at the stage of moving into a whole new phase of public transit in Ottawa. We can only succeed if we work together and take advantage of, not only the expertise of hired consultants, but the expertise of our own front line workers who are in contact with transit users everyday.

Both sides could start by providing transit users with an assurance of continued stable transit service by agreeing to use interest-based bargaining for the next collective agreement and agreeing to send any outstanding issues to binding arbitration with no preconditions.

They could start working immediately by establishing a worker-management brainstorming group to develop ways of improving transit service in Ottawa. Not only might this come up with some novel ways to improve service, it will get both sides working together for the common good.

André Cornellier – Working Class Hero

Special Sunday Fifth Column


He may be the most hated man in Ottawa . During the OC Transpo strike he certainly did not endear himself with the public and he never said what he was supposed to say. Indeed I called him “the world's worst communicator”. But he spoke straight from the heart and the gut. In the midst of the chaos and hardship of the OC Transpo strike he made it clear that there was only one thing he cared about – his members' rights and their struggle against and OC Transpo's attempts to roll back previously negotiated contract provisions and Mayor Larry O'Brien's goal of breaking their union. He fought for them to the end not caring what anyone thought of him, only thinking about winning the battle for the workers he was leading.

An old school labour leader, he may not be the right man to lead the workers during the next stage of labour management relations at OC Transpo, that will be for them to decide, but he is still a true Working Class Hero.

The Phony Safety Issue in the OC Transpo Strike

It is not because safety is not important that I say that this is a phony issue. It is a phony issue because there was no concern raised by the city before the strike began, or even at the start of the strike, or at least no concern that was made public, and Mayor Larry has shown no inclination to keep such concerns private.

The concern was only raised after OC Transpo, and Mayor Larry's, financial arguments about their scheduling position were discredited when the public learned that the current scheduling system was proposed by OC Transpo and that the workers took a pay reduction to pay for the additional costs of the system.

It was simply an attempt to justify the unjustifiable.

However there is a problem with OC Transpo not being under any safety regulations regarding bus drivers' working hours. This is because of the federal government's blatant disregard of their responsibility for inter-provincial (and international) municipal public transit and the lack of appropriate safety regulations. Requests were made, and granted, to have municipal transit services exempted from the federal regulations because the federal regulations were designed for long distance trucking and bus systems and were not suited to municipal systems. The fact that the federal government has jurisdiction over inter-provincial municipal transit systems and does not provide appropriate safety regulations is inexcusable.

The ideal solution would be to recognize that OC Transpo is essentially an Ontario transit service and have a federal-providential agreement giving the province regulatory powers so that OC Transpo would be under the same safety regulations as other Ontario public transit systems.

In the interim I would suggest an agreement (outside of the collective bargaining process) between OC Transpo and the Amalgamated Transit Union to have OC Transpo operate as if it was covered by the provincial regulations.

In the meantime the scheduling system could be referred to mediation, the financial issues could go to arbitration, and the buses could go back into service.

How Progressive is Progressive Bloggers

The Fifth Column is a Member of a blog aggregator or blogging community known as Progressive Bloggers.

Progressive Bloggers describes itself this way:

Progressive Bloggers is a group of Canadian bloggers who firmly believe that this great country needs to move forward, not backwards. Be they Liberal or liberal, New Democrats or democrats, Green voters or voters who want a green country, or even Red Tories searching for a home, these bloggers believe that Canadian politics should move in a progressive direction.

On these blogs you will read about the importance of the environment, the need to preserve Canada’s social programs and its multicultural mosaic. You’ll see posts on why national unity is important and on why there are worse problems than letting two people who love each other marry.

If you have a progressive blog, be sure to join this group. If you enjoy reading progressive blogs, then you’ve come to the right place.

When I first started my blog, The Fifth Column, I set out to find ways to increase my readership and I discovered a number of blog aggregators that post your blogs, or the first few paragraphs, together with other blogs, and Progressive Bloggers was one of them.

At that time I really did not think too much about just how progressive many of the bloggers on Progressive Bloggers are.

My political background is on the left of the New Democratic Party, having been on the executive of the Sudbury New Democratic Party Riding Association when I was in university and having been a member of the Waffle and the Left Caucus. I represented the riding association at Ontario New Democratic Party, Waffle and Left Caucus meetings of various kinds.

For myself and my political contemporaries progressive started with the left wing of the New Democratic Party and moved leftward. Liberals and Tories were Tweedle Dum and Tweedle Dee and definitely none of them could be called progressive. Neither could the NDP establishment be considered to be progressive.

Then of course came Mike Harris and Stephen Harper and the Canadian political compass seemed to shift to the right making those on the centre right seem to be moderate and even progressive. But I think it is a mistake for those really on the left to buy into this.

I have certainly noticed in recent weeks some very non-progressive posts on Progressive Bloggers, in particular, some very anti-worker posts, but not limited to that.

And I am sure today, after Iggy's announcement of his “difficult decision” that Progressive Bloggers will be filled with posts justifying why the discredited Harper government should be allowed to remain in power.

For myself I will remain a member of Progressive Bloggers because there are still quite a few progressive voices here and it allows me to reach a broader audience but I will no longer be blind to the fact that many of the bloggers here are far from progressive.

OC Transpo Strike – Who Is To Blame

It is really easy to blame the drivers, mechanics and their union for the strike. However the facts do not support that.

The strike was called when the employer, the City of Ottawa and OC Transpo, presented a final offer and stated that they were not willing to negotiate any further (and they have not moved from their bottom line position since then). That left the workers with the choice of accepting an unsatisfactory offer or going on strike. Further negotiations were no longer an option (although the union indicated its willingness to accept the federal mediators proposal as a way of ending the strike within days of it's start).

We could still blame the workers and their union if the strike had been the result of unreasonable demands by them. But it was not.

The strike was precipitated by an attempt by the City of Ottawa and OC Transpo to rollback previously bargained for benefits relating to the scheduling system. This was a system that was proposed by the employer and negotiated in a non-confrontational interests-based bargaining process over an extended period of time. It was also a proposal that, despite the rhetoric (lies?) of Larry O'Brien and his cohorts, did not cost the City and OC Transpo anything because the workers took a reduced pay increase to pay for the extra costs.

The strike can be settled immediately if City of Ottawa and OC Transpo would accept the workers and their union's reasonable proposal to send the financial package to arbitration and the scheduling issue to a mediation process. The system was developed in a non-confrontational process over an extended period of time. If the city believes it has problems that need to be fixed that is the process to use, a process that may be able to find improvements that benefit both the workers and the employer.

The facts make it clear that it was the City and OC Transpo that that caused the strike and it is the City and OC Transpo that are responsible for it continuing.

Why Mountain Biking Should Be Allowed on the Greenbelt Trails

Submission to the National Capital Commission Greenbelt Master Plan Review

By Richard W. Woodley, environmentalist, hiker, mountain biker, snowshoer, cross country skier, kayaker

The following statement, contained in an email from an NCC representative, dated May 12, 2006, makes it clear that the current NCC policy banning mountain biking on the Greenbelt trails is unenforceable.

We know that there is a lot of interest in off-road riding on Greenbelt hiking trails. On the other hand, section (16) of the NCC Traffic & Property Regulations states..."No person shall ride a bicycle on property of the Commission other than a driveway or on a bicycle path set aside by the Commission for the purpose...". While we have not actively tried to enforce this particular regulation, we do not condone the practice. There are long-term impacts on the trails and surrounding area, particularly rutting, trail erosion, trail widening as users veer off the designated route to avoid ruts and muddy surface, and destruction of adjacent vegetation. In the winter, we want to discourage bike riders who may travel across groomed ski tracks.

What is apparent, when one examines the facts, is that there are no legitimate reasons for banning mountain biking on the Greenbelt trails. In fact, there are numerous reasons why it should be allowed, and indeed encouraged.

There is a certain irony, some might say hypocrisy, for the NCC, an organization that is known for what I call the “NCCification” of trails, the flattening and widening of natural single track trails, and an organization that regularly uses heavy equipment and tractor-like lawn mowers on the trails, to claim that mountain biking damages the trails.

Even more than my desire to see the NCC adopt a policy of allowing mountain biking on the Greenbelt trails is my desire for them to adopt a policy of leaving all trails in their natural state and to do as little damage as possible to the environment when creating trails.

It is the creation of trails that has potential to do environmental damage, not the responsible use of them. Trails should be designed and built in a sustainable manner, a practice that interestingly enough has been developed and promoted by mountain bikers, and in particular the International Mountain Bicycling Association (IMBA).

Trails can be of great environmental benefit. First, by keeping trail users away from environmentally sensitive areas. Note that hikers are much more likely to go off the trail and do environmental damage to sensitive areas than mountain bikers are. Secondly, trails bring people into contact with the environment, learning to love and respect it and often becoming advocates for the environment.

People can be a great threat to the environment, the biggest impact being from development, bulldozing and paving it over, blasting and replacing forests and meadows with parking lots, buildings, and roads, a practice that the NCC has been known to be a party to.

On the other hand people hiking responsibly through the forest have no greater impact than deer or bears running through the forest, particularly when they are on a controlled trail system. The same applies to mountain biking where the scientific evidence indicates that hikers and mountain bikers and hikers have equivalent impacts on trails. See for example the reviews done by the International Mountain Bicycling Association and the New Zealand Department of Conservation.

The other argument against allowing mountain bikers on the Greenbelt trails is user conflicts.

In various places, including the Greenbelt, hikers and bikers regularly share the trails with each other with few problems. I can personally attest to never having had a conflict with hikers on the Greenbelt trails while riding them regularly (several times a week). I can also attest to hiking and mountain biking in the South March Highlands and always having other trail users treat me with respect, whether as a hiker or a biker.

The majority of outdoors persons considers themselves to be, and indeed are, environmentalists. The best way to raise environmental awareness is by getting people out into the environment, enjoying it and learning of it’s importance and the need to protect it. That is where the environmentalists that we need to fight the real threats to the environment - development and habitat destruction, are born.

Getting people out into the environment, onto the lakes and rivers and into the forests builds healthy lifestyles, and healthy lifestyles improve our health and reduces our health care costs. This is important at a time when obesity, and childhood obesity in particular, is at epidemic levels. We need natural spaces and trails to teach our children the benefits and enjoyment that can be had in the great outdoors. The National Capital Region is fortunate that we have a population that celebrates healthy lifestyles and rises up to challenge those that want to take our natural spaces and trails away from us. Allowing mountain biking on the trails is one more way to encourage people to get out and enjoy nature.

Young people need the type of challenges the outdoors can provide as an alternative to spending their time in a sedentary lifestyle centred on electronic devices, or other even worse, but seemingly exciting, activities like gangs and drugs. Youth can be attracted to these things by the very risks we want to protect them from. Outdoors activities such as rock climbing and mountain biking can provide exciting healthy risks that build character and a healthy body.

Mountain biking is the perfect activity to get young people active and out in the environment. It combines man and machine (or boy and machine) with a sense of adventure, all in a natural setting. The Greenbelt trails are the ideal location as many are closes to neighbourhoods and they have a wide variety of levels of riding difficulty and challenge.

The other very important reason for legitimizing the already existent practice of mountain biking on the Greenbelt trails is that it would provide an opportunity to undertake a public education program on environmentally friendly and sustainable trail use, including respect for other trail users - share the trail. The education campaign should stress that trail users should stay on the designated trails. As well it should encourage trail users to avoid wet muddy trails but advise them to use the centre of the trail, not go alongside and widen it, if they do need to go through wet muddy sections. It would be very difficult for the NCC to undertake an education campaign on the responsible way to do something that they officially prohibit.

A good place to start with trail education are the IMBA Rules of the Trail.

For more information on mountain biking see the International Mountain Bicycling Association (IMBA) website and the Ottawa Mountain Bike Association (OMBA) website.

There are, indeed, no legitimate reasons for prohibiting mountain biking on the Greenbelt trails.

Out With The Old and In With The New

If ever there was a time to celebrate that it is today !

City of Ottawa Does Not Believe It's Own Rhetoric – OC Transpo Strike

Special Saturday Fifth Column

The Amalgamated Transit Union has made a proposal that could end the OC Transpo strike almost immediately by sending the financial offers to binding arbitration and submitting the scheduling issue to a mediation process.

Mayor Larry O'Brien, the City of Ottawa and OC Transpo claim that they have made a fair and reasonable offer to the Amalgamated Transit Union and claim that their new scheduling proposals are better for the drivers and are just not well understood by the drivers and their union.

If that is true why are they afraid to send their financial offer to binding arbitration without preconditions and submit their scheduling proposal to a mediation process where it can be explained to and understood by the union and it's members.

There is a word for it when you tell other people something you do not believe to be true.

Should Public Transit Be Declared An Essential Service

As an environmentalist, I am inclined to say yes to that question because of the extensive environmental benefits provided by public transit systems, the main one, of course, being the fact that it reduces automobile use considerably and in some cases can make car ownership unnecessary.

But the first question we have to answer is what does that mean.

If public transit is essential, like police and health care services, then it must be provided. There must be legislation requiring municipalities above a certain size to provide a public transit service.

If public transit is essential, then it must be publicly provided. It cannot be left to the whims of the private sector that will only provide service where it is profitable.

It must be a meaningful service so the legislation must provide standards of service that must be provided.

It must also be affordable to all citizens, especially lower income citizens. In order to do this fares must only be used to cover a portion of the costs, no more than fifty percent.

Since municipalities have the least effective and least equitable taxing powers of all levels of government, funding must be provided by all three levels of government, municipal, provincial and federal.

And for it to be effective in getting people to make permanent lifestyle changes it must be reliable and provided without interruption.

This would require removing the right to strike from workers and the right to lock-out workers during labour disputes from management and replacing it with a fair system of compulsory arbitration when negotiations and mediation fail. It should also be noted that despite whatever legislation may be in place strong unions always maintain the ability to strike if the alternative measures are not applied fairly.

Legislation declaring public transit an essential service must include all of these factors if we are truly treating it as an essential service. It has to be a lot more than just taking rights away from workers.

While we are discussing declaring services essential for their environmental benefits, I would suggest that a comprehensive system of commuter bike routes also be declared an essential service that must be provided by all municipalities.

NCC Greenbelt Review and Mountain Biking: Part Three

This is the third part of a series of blog postings on the National Capital Commission's Greenbelt Master Plan Review as it relates to mountain biking. The last posting will be my personal submission on Mountain Biking in the National Capital Greenbelt.

This link will take you directly to the Review of the 1996 Greenbelt Master Plan.

Managing Recreation and Mountain Biking

In this post we will look at the NCC document entitled Managing Recreation as well as other information on their web site relating to NCC policies on trails, cycling and mountain biking.

The document Managing Recreation states:

Over 100 kilometres of trails have been developed for recreational use in the Greenbelt (skiing, snowshoeing, hiking and birdwatching), and the Greenbelt Pathway is under development with links to the recreational pathway system (in the Capital region), the Rideau Trail (Ottawa to Kingston) and the Trans Canada Trail (across Canada). A number of recreational facilities such as campgrounds, riding schools, municipal sports fields, golf courses and two leash-free areas for dog walking can also be found in the Greenbelt.

The Greenbelt Pathway

The Greenbelt Pathway is planned to be a continuous 56-kilometre recreational pathway that will provide a unique experience from Shirley’s Bay in the west to Green’s Creek in the east.

Its objectives are:

- to connect key visitor attractions and link with other pathways in Canada’s Capital Region
- to provide a unique rural experience along the Capital’s integrated Recreational Pathway Network

My understanding is that cycling is only officially allowed on the “recreational pathways” and not the “trails”. We will examine the document Biking Country to try and find a clear statement of that policy.

The document The Capital Pathway states:

Canada’s Capital Region is home to one of North America’s largest networks of cycling pathways — the Capital Pathway network. More than 170 kilometres of recreational pathways link superb natural areas, parks, gardens, museums and attractions. The paths are great for cycling and many other activities such as walking, jogging and in-line skating. Come and fill up on fresh air!

The Map of the Capital Pathway makes it clear that this only includes paved and hard packed surface pathways and not the natural trails in the Greenbelt.

The chart of recommended activities on the NCC Greenbelt Map indicates that “biking” is only recommended on the “pathways” and on none of the “trails”.

Nothing in the review documents that I have seen indicates that these specific policies are under review, but everything I have seen in the documentation so far has been very general.

The only reference on the NCC website to mountain biking seems to be the section on Mountain Biking in Gatineau Park.

So the clearest statement of current policy we seem to have is the email that we received from an NCC representative dated May 12, 2006:

We know that there is a lot of interest in off-road riding on Greenbelt hiking trails. On the other hand, section (16) of the NCC Traffic & Property Regulations states..."No person shall ride a bicycle on property of the Commission other than a driveway or on a bicycle path set aside by the Commission for the purpose...". While we have not actively tried to enforce this particular regulation, we do not condone the practice. There are long-term impacts on the trails and surrounding area, particularly rutting, trail erosion, trail widening as users veer off the designated route to avoid ruts and muddy surface, and destruction of adjacent vegetation. In the winter, we want to discourage bike riders who may travel across groomed ski tracks.

I will be watching for further information on the Greenbelt Master Plan Review to be posted on the NCC web site and for notices of public meetings and will report them on my blog. I will now begin drafting my personal submission on Mountain Biking on the Greenbelt Trails.