TTC Union Executive, Kinnear, Ousted by ATU Leadership

The recently ousted president of the Amalgamated Transit Union Local 113, Bob Kinnear, has confirmed that his union’s international leadership has taken over. Kinnear and his board were relieved of their duties and locked out of their headquarters on Wilson Ave. in Toronto on Friday morning. In his remark, Kinnear states that “this organization treats us like a colony, not a country.” However, he vowed to fight the “trusteeship” in court.

Kinnear revealed that he had recently asked Canadian Labour Congress to investigate the relationship of the union that represents TTC workers, Local 113, with American head office of the ATU. Kinnear complained that their Toronto chapter has little to no support from the head office even though it contributes over $2 million a year to the organization. He stressed that “we wanted a controlled democratic process to enable our 11,000 members to make a decision on whether they wanted to remain within the ATU.” Kinnear pointed out that “we’re enabled to do within the Canadian Labour (Congress) constitution.” Despite the setback, Kinnear hopes to be back at the helm soon and mentioned that “I am confident that I will remain the president and be put back in place.”

Whereas on the other hand, TTC spokesman Brad Ross has separated himself from the union’s affairs and claimed that “the TTC is working to ensure this matter has no impact on service. The collective agreements between the TTC and its unions remain in place,” adding that the transit agency will make no further comment on the matter.

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1 Comment


    Open Letter to All Parties Concerned!

    February 9, 2017

    Some very serious questions should be answered to prevent the callous nature with the way this problem is been handled. Bob’s Robo Calls were not made by physically dialing one’s number as that would be technically impossible, so had Bob taken the lists as claimed, then Bob would have“divulged private and confidential information to a third party” to be fed into a computer dialing software system.

    The names, addresses and phone numbers are that of the employees of the Toronto Transit Commission and are given by the TTC to ATU local 113 strictly for purposes pertaining to internal use in the administration of its membership in matters solely related to the extent of the relationship between the TTC and it’s legally mandated Union ATU 113. The use of this data for any other purpose is a direct violation of one’s rights and a culpable offence.

    While I can’t speak for the other members, I assure you I treat this as a very serious violation of my “Privacy Rights” having unsavory characters like Bob, and the others to whom he divulged information, to be in possession of my personal information is not only frightful but outrageous.

    The stake holders in this fiasco is solely the TTC and ATU Local 113 and therefore it is paramount that these two parties “immediately file an injunction” against Bob Kinnear and any and all other relevant parties to “cease and desist” the use of the employees personal information in the possession of these unauthorized parties before any further irreparable harm occurs.

    Common sense dictates, one does not close the barn door after the horse has left the barn, further this pumped horse is still outside in the corral and must be tranquillized and roped in before he jumps the fence and causes any further damage to the membership at large.

    The prima facie pertaining to Bob’s actions is overwhelming thus the mere inconvenience of obtaining such an order should not be the order of the day.

    In self-incriminating statement’s Bob’s actions clearly, defines his intent with regard to the lists containing the personal data of our membership and fits the definition for “Commercial Purposes” a violation under, the “Personal Information Protection and Electronic Act”

    Extract on the application of the PIPEDA :-

    Unions’ duties under PIPEDA imposes requirements on every “organization” in respect of personal information that the organization collects, uses or discloses in the course of “commercial activities.” The term “organization” is defined so that it expressly includes a trade union. Therefore, the real question is whether the union is engaged in “commercial activities. There have been no authoritative decisions defining the term “commercial activities”, but PIPEDA defines the terms so that it includes any conduct of a “commercial character.” Most union activities – representing members in grievances and collective bargaining – are probably not of a commercial character. Therefore, PIPEDA does not necessarily apply to every aspect of a trade union’s activities. However, some of a trade union’s activities may likely by covered by PIPEDA. For example, if your union provides supplementary health insurance or manages a retirement fund, these could be considered commercial activities. Also, PIPEDA specifically states that bartering membership or other fundraising lists is a commercial activity. Therefore, if your union provides membership lists to other organizations, this may also be considered a commercial activity. The actual requirements in PIPEDA are based on the Canadian Standards Association model “Privacy Code” with certain amendments. PIPEDA requires an organization to: 1. Designate an individual or individuals accountable for the organization’s compliance with PIPEDA and its principles. 2. Prior to or at the point of collection, identify the purpose(s) for which personal information is collected and limit the collection, use or disclosure to what is necessary for that purpose. 3. Seek appropriate consent for the collection, use or disclosure of personal information. 4. Protect personal information in its possession in a manner appropriate to the sensitivity of the information (for instance, personal health information requires special safeguarding). 5. Keep personal information accurate for the purpose for which it is to be used.

    Based on factual observations in that Bob did “Robo Call” our membership, using information without the express consent of the membership and or the parties entrusted with and in possessions of this private and confidential information and taken by Bob is complacent with the long standing dictatorial and arbitral behaviour by Bob in the running of the Local.

    It would be very foolish for one to believe the reasons for Bob’s actions to be anything but for reasons of personal gain with a lucrative pay- off and patronage appointment if he was successful in his quest to move an almost 11,000 member Union.

    Warning operators:- “Do Not Attempt While Operating Moving Vehicle” One should do the math, union dues times its membership, the staggering result will make you keel over in shock as to why we have some sleazy characters in our Local Executive.

    While respecting the democratic vote of our membership in the election of Bob Kinnear I personally would not entrust or allow Bob to “walk my dog”

    The Local should be focussing on the long term ramifications of the actions of Bob Kinnear on the membership in that, the damage on our local perpetrated by Bob has far and reaching consequences. The possession and use of the membership’s private and confidential information by Bob can now be used by any individual or entity for fraudulent purposes and for further attempts to raid our Union.

    A well advised, deterrent for this type of rogue behaviour by an executive of our local should be a class action suit for punitive damages brought against Bob Kinnear and all others responsible for the unauthorized use of personal information. Approximate 11,000 members times $200/- per member plus legal costs would set back Bob and his band of merry conspirators into oblivion.

    The decision of the International office with regard to allowing Bob to re-run for office notably the answer to Question 2. in the insert of IN-TRANSIT Journal titled “Union democracy, due process, and Local 113’s election challenges” is not only mind boggling but will dazzle some of the “best Legal Minds in the country”

    By virtue of the contents, in the answer, here is an individual who not only was “in direct violation of the Local’s bylaws” but acted in every way possible to bully, rig, manipulate and defraud the election process and is rewarded with the ability to run again for office, are we for real? Now the same leaders are wondering why we are in this mess today, for those of you who have grey hair like me, Manuel Noriega and the Shah of Iran comes to mind, aid and abet as long as it benefits the status quo, then when this individual turns renegade we have the leadership running like chickens with their heads cut off.

    While been well versed on Pension Regulations applicable to Ontario, “Take the money and run” would definitely not be in my response.had I chose to address the long and complicated regulations.

    I will refrain from commenting at this time pending the response of brother Frank’s Lawyer.

    I don’t appreciate the spin on pension benefits been in peril, as then we feed into the exact dishonest and crooked behaviour perpetrated by Bob. However, I will give brother Frank the benefit of the doubt as he stated he has a good Lawyer probably the best in the city, no the province, maybe the country, I am eagerly awaiting this Lawyer’s response in an orderly time frame.

    Finally, it is imperative that the Local immediately amend its by-laws with regard to the “possession and use of private data by the Executive Members of ATU Local 113” we also should very seriously consider and have a membership vote on “Time Limits” for all Local Elected Positions. We must position ourselves to Act, not react, be active, not reactive.

    David Schokman

    Badge # 23641

    Dictated Not Read


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