DriveTest Strike To End Monday

It’s good news for anxious, would-be drivers: the DriveTest strike will officially end on Monday.
Late on Thursday evening, employees voted to ratify an agreement that was hammered out nearly two weeks ago.

Votes for the December 18 deal between the United Steelworkers Local 9511 and Serco DES Inc. were tallied at the USW district office.

The job action lasted four long months, preventing Ontario residents from getting new drivers’ licenses and having their existing licenses renewed.

Employees have been off the job since August 21.

Most centres are scheduled to open for business on January 4, while DriveTest “travel points” will open on January 5.

The backlog of exams is expected to take months to clear. Serco DES Inc is planning to hire roughly 100 new employees to deal with the surge in demand.

The details of the agreement are being kept under wraps, but the strike was triggered by a demand for protection on full-time jobs, as well as wages and benefits.

Serco operates 55 full-time examination centres in Ontario and 38 part-time locations.

DriveTest Strike is OVER! We resume our business!

An agreement has been reached in the province-wide DriveTest strike on Saturday morning. DriveTest says the deal reached with the union is subject to ratification by nearly 600 employees. Full resumption of services is expected on January 5 next year. DriveTest examiners have been on strike since Aug. 21.

On DriveTest Strike, Liberals Dither, Delay and Deny Action

(December 11, 2009) Progressive Conservative MPP Jim Wilson (Simcoe-Grey) says the McGuinty Liberals are dithering, delaying and denying action when it comes to ending Ontario’s 17 week old DriveTest strike. In Question Period Thursday, Wilson appealed to the government to pass his back-to-work bill so that driving instructors, small businesses and truck drivers aren’t forced out of work before Christmas.

“What makes you think that doing nothing is a fair option for the people affected by this strike,” asked Wilson in his exchange with the Minister of Labour. “Why is the government being so ignorant to the plight of these people?”

On November 23rd Wilson introduced a Private Member’s Bill in the Legislature that would end the DriveTest strike that has been allowed to go on since August 24th. Last week, on November 30th, hundreds protested on the front lawns of the legislature to protest the McGuinty government’s failure to intervene in the strike that is putting the jobs of some 10,000 driving instructors at risk.

“After today, there will be no legislative means available to end the DriveTest strike,” Wilson told the Minister on the last day of the legislative session. “By the time this House returns in mid-February, more driving instructors will be out of work, driving schools will be forced to close their doors, new immigrants won’t be able to get the jobs they were promised when they came to this country and truck drivers won’t be able to upgrade their skills.”

Two weeks ago, Progressive Conservative Transportation Critic Frank Klees (Newmarket-Aurora) asked for unanimous consent in the House for Wilson’s bill to receive speedy passage. Regrettably, the Liberals again refused to act on this pressing matter.

Four months? Time to end DriveTest strike

Of course, I understand that DriveTest employees have a worthwhile cause. I understand that they are striking for job security, etc. But four months? Enough is enough. I am a Grade 12 student at Brantford Collegiate Institute. I am currently working two jobs in order to save enough money to attend university this coming September. I have trouble getting to my jobs due to transportation issues. I play on soccer teams year round as well. I am also a co-op student, which means that Monday to Friday I have to find a way to my placement and then back home.

Unfortunately, there are no city bus routes in Brant County where I live, therefore making my situation ridiculous. I have rebooked my road test seven times, and I just made it eight when my road test was cancelled again last month. I have been eligible to get my licence and a car since the beginning of the DriveTest strike in August. I have a feeling that my parents are forever going to be my taxi drivers. Needless to say, they are getting tired of driving me everywhere. I am becoming a nuisance to my family, especially with the price of gas.

I spent $600 on driving school, for what? So that I can forget everything that I have learned and I have to pay $125 for a one-hour "refresher" lesson before my road test. Sadly, my money doesn't just grow on trees. I am also aware that there are more than just "some" of Ontarians experiencing the same frustration. Thousands of people need a licence to get to work, school, and everything else you can think of. It's time that this strike actually ended. Negotiations need, and have, to be made immediately. I'm sure I'm not the only person who is sick and tired of waiting.

And to the DriveTest employees: I understand what you're working towards, it isn't your fault. You're clearly not the problem here. It is your right to want to better your working conditions. I wish you all good luck.

Victoria Readings Brant County

MPP seeks to curb DriveTest operator

Peter Tabuns, the NDP member of provincial Parliament for Toronto-Danforth, has called on the ministry of transportation to cut ties with the company embroiled in the current DriveTest strike.

http://www.torontoobserver.ca/2009/12/10/mpp-seeks-to-curb-drivetest-contract/

Globalive Welcomes Gov't of Canada Decision and Prepares to Bring WIND Mobile to Market

This is off topic, but greatest change to wireless world in Canada, 3 Big will finally get some real competition. Globalive brings new brand to service (WIND Mobile).

TORONTO – December 11, 2009 – WIND Mobile declared a new day for wireless in Canada today, in response to an announcement made by the Honourable Tony Clement, Minister of Industry, to vary a recent decision of the Canadian Radio-Television and Telecommunications Commission (CRTC).

The Government of Canada variance is effective immediately and provides a clear path for WIND Mobile to enter the Canadian wireless market and to become Canada’s first national wireless alternative in over a decade.

About Globalive and WIND Mobile

Globalive provides voice, text and data services to Canadians under the brand name WIND on a next-generation wireless network and is committed to offering a level of wireless service presently not available in Canada. WIND is built on actual conversations that are happening with Canadians who are passionate about wireless and creating a better mobile offering nationally.

If you are going to sign new contract with Rogers/Bell/Telus, wait, WIND Mobile is coming as early as next week.

Serco DES (DriveTest) and the Union met on December 9th

The Union and the Company met on December 9, 2009. Proposals were exchanged between the parties. Bargaining is to continue on Dec 17, and 18, 2009.

Union talks with DriveTest (SERCO DES) to resume today

The bargaining committee is scheduled to reconvene at the bargaining table with the Employer on Wednesday December 9th at 10:30am

Twelve DriveTest centers now open

TORONTO — DriveTest will open four more centres for limited services beginning today, bringing the number of centres open in Ontario to 12.

DriveTest had opened six centres using only managers, and the latest will be run by a mix of managers and striking employees.

The new centres opening today are in Kingston, St. Catharines, Bancroft and Ottawa (Walkley Road).

They will provide written license tests, road tests for commercial licenses and out-of-province and out-of-country license exchanges.

• Bancroft
• Barrie
• Brampton
• Chatham
• Kingston
• Kitchener
• North Bay (Closed at noon on Fridays)
• Ottawa Canotek
• Ottawa Walkley
• St. Catherines
• Thunder Bay (Closed at noon on Fridays)
• Toronto Port Union

DriveTest to open four more centres

The Canadian Press

TORONTO — DriveTest will open four more centres for limited services beginning Monday, bringing the number of centres open in Ontario to 12.

DriveTest had originally opened six centres using only management employees and is expanding this number using a mix of management employees and striking employees who have returned to work.

The new centres opening Monday will be Kingston, St. Catharines, Bancroft and Ottawa Walkley Road.

Centres previously opened are Barrie and Chatham, Ottawa Canotek, Kitchener, North Bay, Thunder Bay, Brampton and Toronto Port Union.
The only services provided will be written tests for all classes of licence, road tests for commercial classified licences and out-of-province and out-of-country licence exchanges.

The strike affects 93 full-time and part-time DriveTest sites, which grant or renew licenses to novice drivers and those over 80.

DriveTest hiring 100 despite strike

With its staff still on the picket lines, DriveTest is hiring.

More than three months into a strike by the United Steelworkers Local 9511, the agency in charge of the province's driver's exams has announced it is hiring more examiners and inside staff.

But Serco DES stressed the positions will only start after the more-than 14-week-old strike ends.

The approximately 100 new people would normally be hired due to attrition in the spring but the company is hiring early to ensure they are ready for a rush of testing once the labour disruption is resolved, said Paul Dalglish, managing director of Drive- Test.

The company is allowing an employee who wishes to cross the picket lines to come back to work, Dalglish said yesterday.

Enough are expected to cross that the company should have more centres open Monday to offer testing for commercial drivers and other high priority groups, he said.

The company has been offering some services for three weeks despite the strike but young drivers and seniors still remain shut out from road tests. So far, the company estimates 200,000 people haven't been served during the strike.

"We're very anxious to see this strike over," Dalglish said, adding both sides have been talking to the mediator.

Local 9511 president Jim Young said his membership is aware the company is hiring but is still manning and maintaining picket lines.

"We are in the same position as we were two weeks ago, we're still in the strike position," Young said.

Despite the length of the strike, Young said most of his membership remains committed to getting a fair and equitable agreement.

Strike continues. Meanwhile DriveTest hiring new workers to replace striking employees.

DriveTest strike continues, but Serco DES (DriveTest) seems trying to get service running again.
They invite striking DriveTest employees to cross the picket line (see my previous post). Also they placed online application on they web site for Customer Service agents and Driving examiners.


DriveTest is hiring permanent employees to address normal attrition as well to reduce the backlog of work that has built-up during the labour disruption. We will be keeping the newly hired employees after the backlog is eliminated. We are looking for new employees at DriveTest locations across Ontario. Do you have great customer service skills? We need you. These are permanent roles and not "replacement workers" hired to provide services during the strike.

Job Types

Driver Examiner
Customer Service Agent

Locations

Southwest
Eastern
South Central
Central
North Central
Northern

See more information here

DriveTest (SERCO DES) offers employees return to work

DriveTest Q&A Regarding Returning to Work During the Strike – December 1, 2009

Q: Can employees cross the picket line and return to work before the strike is over?

A: Yes. Under Section 80 of the Labour Relations Act, employers have an obligation to allow striking employees to return to work if they so desire. This was not the case prior to our partial resumption of services using the management staff because we had shut-down our operations.

Regardless of our obligation under the Labour Relations Act, we welcome all employees who want to return to work. This strike has gone on far too long and we have a growing desire to stop the harm this strike is causing the public. We also know this is hurting many of our employees and we want to put an end to that as well. We welcome back any employees who want to help us achieve this. By the same token, we fully respect the right of employees who would prefer to continue striking.

If you are interested in returning to work before the strike ends, please send a note to the confidential email address employee.questions@drivetest.ca. We will respond with further information. We will continue opening more DriveTest Centres across the province. Therefore, please indicate what other Centres, other than your home Centre, you would be willing to work at if that is an option for you. If you have any restrictions on your return to work (e.g. you have another job that you have to give notice for), please indicate that as well.

If you do not have access to email, please fax your information to 613-482-4546 or mail it to 5000 Yonge St, Suite 1402, Toronto, ON M2N 7E9.
Q: The USW has said that they will take back all of the strike pay that was paid to any employee who crosses the picket line. Can they do that?

A: No. Although the USW constitution says that they can fine people for crossing the picket line, the Ontario Court of Appeal determined that these fines were not enforceable in Ontario. This decision was upheld by the Supreme Court of Canada. Practically speaking, the union would have no way of doing this anyway since the company is the one that makes all payroll deductions for the union, and we would not make unallowable deductions.

Despite the fact that the USW is well aware of this decision by the courts, we suspect that the USW will tell you they can and will do this. So you should find the right answer yourself. You will find a lot of information on this court decision by Googling “Birch Luberti Union”. Below is an excerpt from one of the summaries of this case:

4/2/2009 - Ontario Court of Appeal refuses to enforce union fines against members for crossing picket line

Jeffrey Birch and April Luberti were employees of the Canada Revenue Agency and members of the Union of Taxation Employees, a component of the Public Service Alliance of Canada (referred to collectively as the "Union"). In the fall of 2004, Mr. Birch and Ms. Luberti crossed a picket line to attend work for three days during a legal strike which lasted a total of seven days. The union brought disciplinary proceedings against Mr. Birch and Ms. Luberti for violating its constitution by working during a legal strike.

The Ontario Court of Appeal confirmed that Ontario courts will not enforce unconscionable penalty clauses in union constitutions which levy fines against union members for crossing picket lines during legal strikes.
Q: What will happen if I cross and my fellow employees harass me or my family?

A: To do this would be a very serious offence under the criminal code that can result in imprisonment for up to 10 years. Two sections of the criminal code cover this sort of behaviour. One is called “Criminal Harassment” under Section 264, and the other is called “Intimidation” under Section 423. Excerpts of these criminal code sections are included below:

264 - Criminal Harrassment (10 Years Imprisonment)
(1) No person shall….in conduct referred to in subsection (2) that causes that other person reasonably… to fear for their safety or the safety of anyone known to them.
(2) The conduct mentioned in subsection (1) consists of
(a) repeatedly following from place to place the other person or anyone known to them;
(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
(d) engaging in threatening conduct directed at the other person or any member of their family.
(3) Every person who contravenes this section is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.

423 - Intimidation (5 Year Imprisonment)
(1) Every one is guilty of an indictable offence who….for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do….
(a) uses violence or threats of violence to that person or his or her spouse or common-law partner or children, or injures his or her property;
(b) intimidates or attempts to intimidate that person or a relative of that person by threats that… violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;
(c) persistently follows that person;….
(e) with one or more other persons, follows that person, in a disorderly manner, on a highway;
(f) besets or watches the place where that person resides, works, carries on business or happens to be; or
(g) blocks or obstructs a highway.
Q: What happens when I am alienated and find my workplace unbearable to work in and nothing can be done to fix it?

A: After an agreement to end the strike is reached, and before employees return to work, the company and the union will lay-out a “return to work protocol” that deals with some issues related to the orderly resumption of business. One term that is commonly included in a return to work protocol is a prohibition on any employee intimidating or coercing a person because of their participation in, or failure to participate in, the strike. It would be our intention to seek inclusion of such a clause in any return to work protocol. This is something that would be good for both the company and the employees.

It is also worth noting that a lack of agreement on a return to work protocol cannot be the reason for continuing a strike. The Labour Board has found that this constitutes “bad faith bargaining”, which is illegal.

PC Caucus Urges End to DriveTest Strike

Liberal Provincial Government holds the responsibility for the DriveTest strike.

It's time for the government to step in and force a resolution of this 'too long going' strike. We are in fourth month of this strike and the union and the company are far apart on the issues and they not going to come back to the table and start negotiating. Meanwhile, Labour Minister Peter Fonseca says he understands the work stoppage has inconvenienced many, but insists the most productive solution is a negotiated settlement with the help of government mediators. 'Inconvenienced' that how the Liberals see that strike, while it's already affected about 10,000 driving instructors in the province. We are in deepest recession for over decades and all governments over the word trying to dig out from the deep hole. However our Liberals don't understand the importance of every small business contribution into GDP. Thousands people are left with little or no income and can't treat their families with some presents for Christmas. What's going on with you Mr. McGuinty? Oh, of course it's much easier to press harder to introduce HST tax, which is hated by every sensible person in this province, than do some real things which would boost our economy. People of Ontario, remember you elected Liberals and you are not being treated as you deserve. Four month of strike is just an 'inconvenience' how fair is that statement? Oh, well, I hope we will have better government next time.

Labour minister won’t halt DriveTest strike

Ontario’s labour minister says he not will force an end to the DriveTest strike despite a nearly four-month dispute.

Labour Minister Peter Fonseca says he understands the work stoppage has inconvenienced many, but insists the most productive solution is a negotiated settlement with the help of government mediators. Earlier this month, the striking workers rejected the employer’s latest contract offer, with 78 per cent voting against it.

Dozens of driving instructors gathered at the provincial legislature to protest what they call the government’s inaction.

They say the dispute — which centres around job security — is bankrupting small businesses and keeping thousands from getting their driver’s licences.