Hundreds of TTC workers face suspension after union loses court bid to halt Toronto transit agency’s vaccine mandate

Thestar.com
Nov. 22, 2021
Ben Spurr

The TTC is set to suspend hundreds of employees starting Sunday, after the transit workers union lost a bid to block the agency from enforcing its COVID-19 vaccine mandate.

Amalgamated Transit Union Local 113 filed an application with the Ontario Superior Court of Justice on Nov. 4 asking for an injunction preventing the TTC from disciplining members who didn’t comply with its mandatory vaccination policy, which goes into effect Nov. 21. The union argued enforcement should be suspended until an arbitrator rules on a grievance the union has filed against the mandate.

In a decision released Saturday, Justice Jasmine Akbarali denied the union’s request, concluding Local 113, which represents about 12,000 TTC workers, hadn’t proven that not granting the injunction would cause members irreparable harm. She also found the TTC would suffer greater negative repercussions than the union if the court granted the injunction.

In a statement reacting to the ruling, TTC CEO Rick Leary said safety “is a core value at the TTC” and “ensuring the safety of our employees and our customers is the reason that we introduced the mandatory COVID-19 vaccination policy.”

“We know that getting vaccinated is one of the most important things that people can do to put the pandemic behind us. As an essential service, we need the TTC to be a safe place for everyone.”

Local 113 president Carlos Santos called the ruling disappointing, but vowed to continue challenging the mandate.

“We believe the TTC’s policy of suspending and terminating unvaccinated workers is unfair and will be struck down at arbitration. While I had hoped the court would put a stop to this policy while we fought in arbitration, I am confident we will ultimately prevail,” he said in a statement.

The court heard applications in the case Wednesday on an urgent basis, and lawyers for Local 113 claimed that if the injunction wasn’t granted, its members would be caused irreparable harm because they would “either be coerced into receiving an unwanted medical procedure or losing their income.”

Justice Akbarali rejected that argument, and agreed with the TTC’s position that allowing unvaccinated employees to continue attending work would pose a risk to its workforce and its passengers.

“Fundamentally, I do not accept that the TTC’s vaccine mandate policy will force anyone to get vaccinated. It will force employees to choose between two alternatives when they do not like either of them,” she wrote, adding that “the potential for unvaccinated workers to spread COVID-19 to co-workers or riders is a risk the TTC should not have to accept.”

The judge stressed that her ruling doesn’t determine whether the vaccine mandate is right or wrong, and it will be up to the grievance arbitration process to decide whether it violates the collective agreement between the union and transit agency.

The TTC released its vaccine mandate Sept. 7. With limited exceptions on human rights grounds, employees who don’t provide proof they’re fully vaccinated by the end of Saturday will be suspended without pay. Those who don’t get their shots will be fired, effective Dec. 31.

According to court filings, as of Oct. 26 about 15 per cent of Local 113 members had yet to disclose their vaccination status to the TTC. The union’s lawyer told court that between 1,200 to 1,700 members were facing discipline for not following the mandate.

The high number of potentially affected workers has prompted the TTC to announce it’s reducing service by about 8 per cent starting Sunday.