FOR IMMEDIATE RELEASE
December 29, 2008
OC Transpo’s Mercier Falsifies Claim for Arbitration
OTTAWA, Ont. - Amalgamated Transit Union, Local 279 President Andre Cornellier vehemently denies the suggestion from OC Transpo’s Alain Mercier that the City invited the Union to refer disputed issues to an arbitrator.
Cornellier stated:
“I appreciate that during a strike there will be strong and opposing positions taken by both sides, but we will not allow someone from the City to pretend something happened, to literally make something up in an effort to influence public opinion.”
“To put it as simply as it can be stated, there was no discussion between Alain Mercier and me about arbitration.” Cornellier concluded.
“Arbitration of bargaining disputes is not the best option for complicated issues like scheduling” Cornellier added, “it’s a conservative process, arbitrators almost always pass over these issues, encouraging the parties to resolve them on their own.”
The Union has already carefully examined the arbitration process in the police, fire fighter and health care sectors where arbitration is mandatory in bargaining disputes.
It shows clearly that arbitrators almost always pass over complicated issues involving scheduling or hours of work, preferring the parties to resolve these issues themselves.
The City is well aware of the arbitration process, it is merely ducking its negotiating responsibilities to set the complicated scheduling issue aside and let bargaining progress continue – the recommendation if the federal government’s expert mediator.
In a recent arbitration involving Ottawa’s paramedics Arbitrator Christopher Albertyn returned issues involving pensions and scheduling of meal breaks to the union and management for further negotiations.
Likewise in the award from Arbitrator Kevin Burkett, Ottawa’s fire fighter Association and City negotiators were ordered to return to the table to resolve complex issues involving scheduling vacation, contracting out, and classifications.
The City will also remember when Arbitrator William Kaplan sent back complicated issues involving responsibility pay entitlement to the Ottawa Police Association and Police Services Board.
“We offered to be flexible on some areas of scheduling, requesting the city show the same flexibility. We asked the City to lay out their entire scheduling system to show us how it would work, to show us how we can be sure our members are treated fairly – they provided no details. This is simply too important an issue to not have the City show us the hard details.” Cornellier stated.
“It took a joint labour-management committee a year to put this together back in 1999, to see how each part worked, how junior and senior workers would be treated – how do we now trust Mercier when he can’t show similar details.”