The HandyDART Strike is over!
People with disabilities and HandyDART employees lost two months of service.

By: John Beeching

February 16, 2010

“NO STRUGGLE TOO SMALL — NO STRUGGLE TO LARGE”, Tim Buck, Thirty Years Chapter 1 Page 3

On April 16, 2007 I wrote a piece called “Democracy Lost - A Wakeup Call!” It was posted on www.focusonsocialism.ca. The result of not winning the support of enough BC residents to oppose Campbell’s government appointing a board for Translink has had disastrous results. We did make a small gain in that as a concession to public opposition to the appointment of a board, no longer answerable to the public; they added the former board calling it Mayors council with advisory capacity but no authority whatsoever.

What happened?

The original Translink board made up of elected mayors had some public accountability. The Campbell led BC Legislature changed Translink to an ‘appointed a board’ so public accountability was lost.

Translink, which runs the transit system in the lower mainland, with an American at its head, accepted an American company – MVT Canadian Bus Inc. (MVT) in a contract-out bidding process that changed seven HandyDART areas into 3 and then uniting them in to one, which MVT won. The “American head” is now in the United States.  Job done?

This opened the door for US Bus Companies to now bid on contracts in all of Canada under Free Trade agreements. That was not accidental. It is part-and-parcel of a move by Canada’s corporate governance to integrate Canada and USA economically.

It turns out that the company was both hard-hearted and cold-blooded. While giving glowing reports to Translink it was treating employees and their clients, people with disabilities badly, all to make super excess profits. The system originally a door-to-door system remained but now the bus was booked with as many clients as possible. While this was economically profitable for the company, it caused problems. Some have told us there was even ‘overbooking’ - reminds us of the overbooking in the airlines, also for profit.

One example, renal patients have to go for dialysis periodically.  After they finish, we understand they have a lot of pain. The company often makes these patients wait on the bus when their rides come for up to two hours so the bus can get more passengers. That is what a for-profit company does. Profits that mean Canadian taxpayers dollars sent to the USA.

We have heard several reports where clients have had to wait while the bus collects several passengers, again to make more profits. It upsets their scheduled booking and if that was a medical appointment could make them late. In the past when we had a Translink run as not-for-profit those problems did not exist. Employees and clients developed a special relationship some called family. It still exists but is becoming stressed.

Unions

Under MVT, Amalgamated Transit Union 1724 replaced the several unions that existed before. Contract negotiations, late 2009, ended with a 97% vote followed by a 95% rejection of the companies “Final Offer.” ATU and MVT came to a stalemate. The union did something this writer had not heard of. They asked the company to come with them to the BC labour Relations Board (LRB) and ask for binding arbitration. The company refused and the union gave 72 hours strike notice after the LRB designated renal and cancer patients as essential service. A two-month strike ensued. No need to go into details of what that meant for those on strike who have mortgages and families. For the users it meant cancelled medical or dental appointments and much more.

Over two months went by with HandyDart employees and the HandyDart users support group campaigning to have the strike ended by Translink ordering the company to agree to binding arbitration. All concerned from Premier Campbell to Translink essentially said they could not interfere but they were urging both parties to conclude the strike quickly.

Using the freedom of information act one person found out that Translink could have ended the strike on its first day. This would have saved those with handicaps becoming housebound, cancelling doctors or dental appointments, spending money on taxis to get to a job and depending on family and friends to help them. The latter was a big problem if the person with handicaps had to use a wheelchair, scooter etc. Not to mention the employees who had to depend on strike pay and had mortgages and a family.

Readers may be interested in the clauses that allowed Translink to end a strike after a strike began. Translink took advantage of a key word in clause 11.1 “may”. This discretionary word allowed Translink to opt to do nothing and let the strike continue. It lasted over two months.

1. “[ … ] Article 11.1 of the contract clearly states: “If the Service Provider or its employees fail in the due performance of any part of this Agreement. Translink may make such arrangements as are considered necessary to provide the Services that are the subject of this Agreement.”

2. [ … ] Translink’s agent Coast Mountain bus Company Ltd., appointed in article 8.5 of the contract, “to administer the Operating Agreement on behalf of Translink and perform all obligations of Translink under the Operating Agreement.”

Campaign to end the strike

Employees and users joined by the public began a campaign to end the strike. Articles and letters appeared in the major media but mostly in community newspapers. Some material about the strike made the television on several stations.

When the above clauses appeared a blackout of that information came into effect. It has remained as far as the author knows to this day. 

Facebook, used before its revelation, was useful in campaigning for an end to the strike. Public demonstrations and union and users meetings with Translink eventually succeeded in the company finally agreeing to go to binding arbitration. The “social net” can be positive in spite of its dangers. Anyone contemplating its use need to be reminded not to give out any personal information such as addresses, phone numbers and such.

Vince Ready came in with a binding arbitration. We understand he saved some benefits – in particular pension – but union members we talk to feel they did not get all they wanted.

What Next?

A political struggle is needed because while the strike is over and HandyDART is back in service problems revealed by the strike remain.

·       The threat from free trade remains. All such services in Canada are now open to US corporations. Free trade only benefits profiteers and the public need to demand an end to it.

·       Discrimination against people with disabilities remains. Translink keeps HandyDART separate from its ‘family of companies’ using the contracting out method. It rightfully belongs with the Coast Mountain Bus Company group such as Sky train, Sea bus connector buses and others. Keeping HandyDART separate from transit in general even though they have applied a special category, Accessible Transit, does not remove the discrimination factor. Transit for people with disabilities is not a privilege; it is a right! It is still transit.

·       The fact that Translink chose to allow the strike to continue when they could have ended it early is still not well known. It should be.

·       The use of money Translink saved during the strike remains unknown. The money belongs to HandyDART improvement.

·       The Company’s abuse of employees and clients remains un-addressed. Many of the complaints heard during the strike remain and continue to occur.

These problems and perhaps more will remain until the public, the employees and clients act to change them. It needs leadership and rightfully it should come from the union.