June 10, 2013
Honourable Yasir Naqvi
Minister of Labour
14th Floor
400 University Avenue
Toronto, ON M7A 1T7
Re: Follow-up to June 5, 2013 Letter
Dear Minister Naqvi:
I am writing to follow-up on a letter sent to your office on June 5, 2013 that expressed concern about the threat to public safety that is being created by the refusal of the National Elevator Escalator Association (NEEA) to allow their qualified employees, members of the International Union of Elevator Constructors (IUEC), to work during negotiations.
It is shocking that the Technical Standards and Safety Authority (TSSA), which is responsible for regulating the safety of elevating devices in Ontario and is accountable to the public, has announced that it “will allow elevators that have not had minor maintenance tasks completed to continue operating in order to minimize the impact on the public.” We all know that minor safety violations can quickly escalate into major accidents. Following the Metron accident at a Toronto high-rise in 2009 that resulted in the death of four workers, this complacency is entirely unacceptable and out of sync with the goals of your government’s newly established Prevention Council.
If you look below the surface, it is not surprising that the TSSA has taken this position because they are entangled in a conflict of interest. In a public statement the TSSA has stated that they have “no role in the current contract dispute.” The reality is that the organization is funded by employers and that one of its board members, Kevin Lavallee, is a chief negotiator for the NEEA. It is unacceptable that a chief negotiator for the employer is also on the board of the organization that is responsible for declaring whether or not elevators in this province are safe. If the TSSA were to step in and declare elevators in the province unsafe, Kevin Lavallee would essentially be undercutting his own bargaining position. The Government of Ontario must take immediate action to ensure that Kevin Lavallee steps down from this position so that the TSSA’s ability to act in the public interest is not compromised.
Contemptibly, it has also been brought to the attention of the IUEC that the NEEA is dispatching replacement workers primarily to the financial district and not to priority buildings, such as hospitals and nursing homes. This was corroborated recently in The Toronto Star, which reported that Oxford Properties, which owns numerous office towers downtown, stated that all of their elevators were working and that recent calls for repairs had been resolved within regular timelines. In contrast, it was also reported by The Toronto Star that hospitals and a long-term care home in the Annex have been facing long response times for repairs. This is deplorable behaviour and should be of utmost concern to the Government of Ontario.
On June 6, 2013 at Queen’s Park you suggested that repairs are continuing during the strike by qualified personnel. Further, in an email statement cited by the media you indicated that “public safety has remained paramount throughout this dispute and the Technical Standards and Safety Authority continues to enforce all elevator safety regulations.” These statements are misleading to the public. The four companies that make up the NEEA – Otis, Kone, Schindler and ThyssenKrupp – have a near monopoly on elevator operations in the province. While employees at other independent companies continue to work, they maintain only a small fraction of the elevators in the province. Replacement workers and managers employed by the NEEA are far from able to keep up with mandatory monthly safety checks and other repairs and maintenance on the vast majority of elevators in Ontario. As a result, virtually all of these elevators are out of compliance with the province’s mandatory safety standards.
Whenever an accident occurs in the province, one of the first things the Ministry does is check that all safety regulations were followed. During this work stoppage the mandatory monthly safety checks of elevators across the province are not being carried out. It is paramount in order to protect public safety that the law be applied consistently in all situations, including throughout this labour dispute. The Ministry of Labour cannot stand idly by while these elevators are out of compliance with your government’s own mandatory safety standards. We ask you to clarify what steps the Ministry of Labour is taking to bring these elevators back into compliance.
On June 6, your Ministry ordered both sides back to the bargaining table on June 11, 2013 to continue negotiations. This is a positive step and hopefully will lead to a settlement so that Ontario’s elevators can return to being fully safe and operational. It is imperative that the Ministry keeps the employers at the table until a deal is reached.
Sincerely,
[original signed]
SID RYAN
President
Ontario Federation of Labour
Copy:
Kathleen Wynne, Leader, Ontario Liberal Party
Andrea Horwath, Leader, Ontario NDP
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Click here to download the original letter in PDF format
SR/ss/cope343
