TTC ruling ‘great victory’ for Canadian unions
TORONTO • Embattled TTC union boss Bob Kinnear has been reinstated as head of the Amalgamated Transit Union, Local 113.
Superior Court Justice Michael Penny issued an injunction Tuesday which put Kinnear back in charge of the 11,000-member union local.
Kinnear lost his job and the entire executive board was removed as the American-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.”
After mediation and a Canadian Labour Congress investigation, it’s possible a vote could be held to determine whether union members want to join another union, said Penny.
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.
NO OTHER CANADIAN UNION HAS SUCCEEDED IN THIS INTERVENTION BEFORE.