National Post

‘A great victory for Canadian unions’

Injunction reinstates TTC boss

- Sam Pazzano spazzano@postmedia.com Postmedia News

TORONTO •A Superior Court ruling reinstatin­g embattled Toronto Transit Commission union boss Bob Kinnear as head of the Amal- gamated Transit Union, Local 113, is a “great victory for Canadian unions,” says Kinnear’s lawyer.

Superior Court Justice Michael Penny’s ruling Tuesday put Kinnear back in charge of the 11,000-member local.

Kinnear lost his job and the entire executive board was removed when the Ameri can- based Internatio­nal Amalgamate­d Transit Union imposed a trusteeshi­p three weeks ago, charging that Kinnear wanted to transfer his members to a Canadian union.

“This is a great victory for Canadian unions as no other Canadian union has succeeded in this interventi­on before,” said Kinnear’s lawyer, Tim Gleason. “This judgment opens the door for Canadian union members to shake off these American internatio­nal unconscion­able rules that block any leave.”

That aspect of the injunction was a longtime dream of Bob White, the founding president of the Canadian Auto Workers after leading its separation from its American parent union. White died earlier this week.

After mediation and a Can- adian Labour Congress investigat­ion, it’s now possible a vote could be held to determine whether union members want to join another union, said Penny.

The decision by American leadership of the ATU to oust Kinnear led to a bitter public feud that saw Kinnear characteri­ze the move as an American invasion and the parent union claim Kinnear had gone rogue,

The trustee put in charge of local 113 after Kinnear was ousted re-appointed 13 of the 17 executive board members, who have been running the union’s operations.

“It’s clear that the purpose of the trusteeshi­p is to quell dissent,” said Penny.

Kinnear won five straight elections as president — including the last one in spite of Internatio­nal’s interferen­ce, said Penny.

“His removal from office manifestly deprives the membership of their duly elected leader,” said Penny.

His ruling also prohibits the internatio­nal leadership from taking $10 million in local union assets or disciplini­ng union officials.

Kinnear has launched a lawsuit to strike down what he calls the ATU’s “oppressive” rules — one that authorizes seizing the departing local’s hefty assets and another rule that an exit vote can be stopped by only 10 members voting (out of 11,000) to stay.

ATU internatio­nal vicepresid­ent Manny Sforza said “it’s a sad day for all workers” in Toronto and that the decision to reinstate Kinnear undermines a long history of union democracy in Ontario.

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Bob Kinnear

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