Ejected Canadian union head hopes court gambit succeeds

An ousted Canadian union boss goes back to court Thursday to fight for the leadership after a brief victory turned — once again — into defeat this week.

Bob Kinnear, who’s battling with the Amalgamated Transit Union’s American parent for control of ATU Local 113, scored a victory Tuesday when a judge issued an injunction putting him back in charge of the local, which represents 11,000 Toronto Transit Commission workers.

However, just hours later, he was blindsided when the ATU’s board had an emergency meeting and passed a “no-confidence” motion, tossing him out again.

“We’re going to go back to court on a contempt order because the trustee, Manny Sforza, was ordered out of the local and to stop interfering and we received information that he presided over that meeting,” said Kinnear’s lawyer, Tim Gleason. “And if that’s right, he’s in contempt of court.”

Kinnear’s job was suspended three weeks ago when the U.S.-based International ATU imposed a trusteeship, alleging Kinnear wanted to transfer his members to a Canadian union.

Gleason said he is hopeful the court will take steps to ensure the American international does not interfere with the business of Local 113.

But even with the “no confidence” vote, Kinnear is still lawfully reinstated as the union boss, Gleason argued.

“He’s not lawfully out,” Gleason insisted. “He’s been ordered by the court back in and any attempt to thwart that ruling is likely going to be held in contempt, particularly if it was influenced in any way by the American union. I was surprised and Bob was surprised and members of the union were surprised. It’s shocking they would flout the court’s order in that way.”

ATU Local 113 secretarytreasurer Kevin Morton said Sforza was invited to the emergency meeting, but he didn’t lead or participate in the vote. He added Kinnear was also invited, but wanted to come at another date.

“We’re asking him to resign,” said Morton.

Unifor National President Jerry Dias called it “arrogant” that foreign unions can come in and influence Canadian locals, especially when a Superior Court judge ruled to reinstate Kinnear.

“This whole thing has been about Canadian democracy and workers having a choice,” said Dias.