July 17, 2009, 20 e-mails

B. S. wrote:

Rod Adams | "Access Toronto"
Ontario Ministry of the Environment | City of Toronto
Spills Action Centre | Strike Command Centre
Friday, July 17. 2009

Dear Rod Adams, Dear "Access Toronto",

This is an update on yesterday's correspondence regarding apparent leachate run-off from several temporary dump sites of the City of Toronto. (Images attached).

The Strike Command Centre has informed me that more work on the booms and sorbent material would be done on Thursday morning (July 16.) No such work was done at the Christie Pits dump, where the booms lay yesterday evening as I found them last Sunday. Meanwhile leachate has pooled in the decomposing leaves outside the rink (see image) from where it will be washed into the ground/storm sewers with the next rainshower.

At Moss park, I can confirm that additional sorbent material has been applied, as announced by Strike Command Thursday morning following my alert. However, by evening, the leaking fluids had saturated the sorbent and the yellowing of the grass has increased. Note that there was no rainfall yesterday, it appears that the source of these effluents are the bags themselves, respectively whatever has pooled beneath them.

At Sunnyside, a rubber mat has been placed over the storm grille, held in place with a sandbag. I believe it is apparent from the image that no watertight seal can be expected. The question remains what the state of the grilles is that appear to be buried underneath the garbage piles.

Prophylactically, I am also alerting you to the situation at Campbell Playground. Washed out residue indicates the path the leaking fluids will be taking as they escape from the rink. There were no protections in place as of yesterday at noon.

If you need high-resolution images or any other information, just let me know.

I have not visited other sites except these four, but I have noted problems at all four sites. The forecast for today and tomorrow is for rain showers, possibly storms. I would be interested in your assessment regarding the suitability of the sites and the adequacy of the measures that are being taken, both in response to my alerts, and in response to your own monitoring.

===== Images =============

A. M. wrote:

While I'm broadly supportive of the city workers in this dispute I've lost patience with the union. Their tactics have done nothing but alienate the public and create hostility and resentment against them. They've lost the war of public opinion because of a reliance on the kind of old style labour tactics more appropriate to another era. CUPE could have had a work to rule, or rotating stoppages, instead of a full blown strike. They could have been creative with tactics, like patrolling parks and public places to prevent illegal dumping. Tactics that might have endeared them to the public rather than alienating the public.

I have also spoken to a number of union members who are very frustrated with the union and the strike, and don't feel that the strike vote (I believe less than 10% of workers voted to strike - I could be wrong) was a truly democratic process. I was told that the members had to vote in one remote location at a specific time. Now the union seems to be avoiding presenting what appears to be a reasonable offer to the members. Hard to believe that in this era of advanced technology that the largest union in Canada can't find a better way to enfranchise its membership.

My biggest worry is that strikes like this, and the recent York strike will lead to a right wing backlash. Some of us are old enough to remember Britain's summer of discontent. A wave of strikes (much more severe than what we're facing) that lead indirectly to Margaret Thatcher's election. Surely CUPE must realize that they're negotiating with the most labour friendly civic government Toronto has ever had. Our next mayor (John Tory, George Smitherman, Karen Stintz?) will be far less sympathetic than the current mayor. Civic workers will then likely face the prospect of layoffs and privatization of services.

S. E. wrote:

I am also supportive of the strike action. But am confused by a few points. Did 10 % of the workers vote to strike or did 10% show up for a stike vote. The method of determiing a strike in a union is dictataed by the guidelines in there particular constitution and bylaws. They usually endeavour to be as inclusive as possible. If members do not feel this to be a democratic system they should show up at general meetings and put motions forward to change the constitution and bylaws.

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M. M. wrote:

I was at the garbage dump protest that Jack Fava and Virginia Novak organized at Cambpell Park. I wrote about the demonstration on my blog: http://tinyurl.com/njr4gg

J. F. wrote:

Hi All, If I can just responded to M. email. There is one thing in particular that caught my eye that needs clarification. Something taken from Mike's blog and picture, see light blue.

I don't think the protesters were all that enthusiastic about this tactic.

M. I don't know how you would know this if they were into the protest or not. As many of these seniors were Italian. One of the reason why I do this and any of the other protest that I done in the past is to give those who can't always speak for themselves and that is the children and Seniors. As you know many people in ward 18 don't speak english, have literatacy issues and so forth. The people who I was with we very excited and happy to do it, but also very nervous because they never done this before, but never the less were happy to do it. Many of these seniors came to Canada many years ago and worked all there life, they would of never imagined doing this, but they did. I will agree that it was a little chaotic, but it got people taking. It was a very short notice from Adam's office. I was there to empower the people. For many this was there first time doing something like this. We will continue to protest and make noise as long as we can.

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M. M. wrote:

On Thursday evening residents who live near Campbell protested against the City's decision to use the park as a temporary dump site. It was a bit of a circus.

When I got there at 5:15pm, police and media were already on the scene. There were TV trucks with the high antennas parked on the grass next to the wading pool. There were handmade protest signs attached to the fence. There were also two wreaths by a sign that said McGuinty and Miller have "blood on your hands." I took a lot of pictures, which I still have to download.

The event was organized at the last minute by Jack Fava and Virginia Novak. This is the same pair who organized the protest two years ago against the community garden at Erwin Krickhahn park. They have also organized marches and vigils against crime. Two years ago when there was a community safety audit at Bloor and Lansdowne, 14 Division unit commander Ruth White called Jack "her hero."

Jack and Virginia were there of course but not that many other people. There was a bit of crowd, but sometimes it was hard to tell who supported the protest and who was just watching. There were a lot of neighbourhood kids, some of whom I know from the rink.

Two men from the Toronto Eagles were there to support the protest. Boys were playing their scheduled soccer games during the protest. The Eagles pointed out that they had put a lot of money into the irrigation system and thought it was unfair for the City to turn around and use the park as a dump. One of the men from the Eagles got into an argument with a police officer, but calmed down.

Himy Syed from the Friends of Christie Pits and torontopedia.ca showed up later. He took pictures and then gave an interview to a TV crew.

There were city managers wearing yellow T-shirts that had the City logo and read Customer Service. The City had a pick-up truck in the driveway that leads to the rink. It was parked next to the road. People put their garbage in the truck. When it was full, a manager drove it to the rink. By the time I left, there was quite a bit of garbage in the rink.

Just after I got to the park, Jack and a dozen followers decided to block traffic on Campbell Avenue. Police came over and told them to stop. They did. The followers weren't enthusiastic about blocking the road anyway. When they stopped a truck, they got into an argument with each other about whether or not to let it pass. They did.

Then Jack, Virginia and few other people decided to stand in front of the City pick-up truck. One woman who lives across the street got into an argument with a woman who was dropping off trash. Different people were yelling. Some were saying the first woman hit the second woman. Other people said no. The police stepped in and separated the women.

At one point Jack started attacking union members, saying they were greedy.He was responding to something a CUPE guy on picket duty said. The two got into a shouting match.

Some neighbours stood up for the union. At first Jack and the neighbours were just yelling at each other, but then they calmed down and it became more of a discussion. One man who defended the unions said he lived behind the rink. He wasn't happy about the park being used as a dump site, but said he accepted it under the circumstances. He said the best way to solve this was for the City to offer the union a fair contract.

Jack and Virginia continued to stand in front of the City truck. Sometimes they were by themselves. At other times they had supporters. There were residents standing across the street who were generally supportive. Jack and Virginia literally begged people to hold onto their garbage for an extra day. The people across the street did the same. At one point, Virginia kneeled on the pavement in front of someone who wanted to drop off garbage.

Surprisingly, some people did turn back. Jack and Virginia claim they persuaded 20 people not to leave their trash. That may be accurate. I didn't keep count, but a fair amount of people did turn back. However, most didn't. Some were apologetic, saying they had no choice. Others got angry. One guy who was provoked by comments made by the people on the other side of the street started yelling obscenities. Police told him to get back in his car. Another man said he lived next to another temporary dump and if he had to put up with it, the people on Campbell could do the same.

Vehicles were parked on both sides of the street. There were media vehicles, police vehicles, people at the park for soccer and people dropping off garbage. There was a traffic jam and a few people got angry, though nothing serious happened. One guy leaned on his horn for a while until police told him to stop.

At 7, the City closed the dump for the day. Some media stuck around to do reports. Jack told me he would be back tomorrow at 7.

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K. F. wrote:

There has been a lot of heated discussion on this list in the last few weeks and I have found myself dismayed at the anti-union sentiment, the individualistic reactionary attitudes and the general negativity and toxicity of many of the responses. Not to mention the inability of many torontonians to dela with their trash. I have also found myself grateful for the many calm and reasoned voices who have tried to navigate this complicated and tricky situation with compassion, reason and grace. I feel thankful to the many people who have taken the time to explain how we have ended up where we are and work hard for justice and respect. I also feel grateful that the moderators have put so much time trying to keep this conversation open and dynamic but not toxic. thank you all.

In my many weeks of reflecting on this strike I have come to the conclusion that 2 groups are pitched in a battle and some perspective has been lost. From all accounts, this is a conflict between the City of Toronto and the City works. This is largely true. I think that from the perspective of the city, they have no money and are practically bankrupt and may feel they have no choice. I truly think that is part of what is going on but it is hard to accept that when city councilors gave themselves a raise, and police, fire and ttc workers (mostly men I might add) all got raises.

If I were a member of CUPE 79 or 416 (the vast majority of whom are women), I would find this unacceptable. I find it unacceptable and I am not a member. Yet how can one squeeze blood from a stone? Toronto has no money. that leads to an important question Why does Toronto have no money? Well I expected David Miller to demonstrate leadership and use this financial crisis as an opportunity to rally Torontonians to push hard against our provincial government which is really the body responsible for this crisis. Now is the ideal time to build a movement and fight back against the Harris legacy of downloading services without providing cities with the financial means to pay for them. This moment could have been a beautiful one of civic activism and renewing the fight for our cities that I remember so well from the struggle against amalgamation. Instead, Miller has decided to shuck is backbone and turn against the workers; the people who help to all the grunt work to make this city great. He has played into the neo-conservative discourse of pushing back against workers and has mis-represented the issues that are on the table in this crisis. He is made no mention of the root of the problem and has not pleaded or demanded that McGuinty come clean on his promise to upload services back to the province. He made a terrible miscalculation and has burned bridges with the progressive constituency that helped to get him elected with some hope I suppose that the suburbs will appreciate him for "standing up to the unions" and the trade off will be worth it in the 2010 election. He has traded his support from progressives for potential support from right wingers and it was a dangerous calculation.

As someone who campaigned for Miller in 2003 and 2006, I feel so mad that he has never followed through with his commitment to stand up to the federal government around the waterfront. I feel mad again that he is not focusing people's outrage at this situation where it belongs: Queens Park. Instead Miller is shifting far to the right and is helping to breed anti union sentiment broadly.

I agree that the Union could have done a much better job at public relations and trying to build support with the public and will be letting my former union (I was part of CUPE for several years) know the ways in which they have strategically mis-stepped on this one and the poor job in communications will bite us all in the butt as a result.

SO I hereby declare Thursday July 23rd bring your trash to Queens Park day. Bring it at 9 am and demand that McGuinty help save our cities. Lets bring the trash where it belongs and remember who is responsible for the root of this crisis instead of beating up on the poor union members and workers who are fighting for a fair wage and decent benefits.

A. S. wrote:

I think that's a great idea

P. R. wrote:

I too support K.'s idea. And also find it very difficult hearing the trashing of the workers who are on strike. I support what Ragghu has so articulately stated. It is easy to support workers rights when it has no impact on you, much harder when it does. The workers don't want to give up what they have fought so hard over the years to gain. They also are very concerned about contracting out and job security. Can you imagine Miller doing this to policemen, politicians, firemen etc.? Miller hasn't mentioned the real culprit here which is the downloading from the provincial government. Miller has lost my vote. I wonder if this attitute of Miller's is in part due to him setting his sights on bigger political fish. In solidarity with the striking workers,

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B. K. wrote:

actually I didn't want to go that far to ask, but since someone else is asking, can we know what rollbacks the city is asking for? Or are there ANY rollbacks and what other sticking points there are? What is the disability offer the city has made?

what exactly is not fair?

B. K. wrote:

I don't know who has decided that the "standard wait" for garbage drop off is to be 15 minutes at the emergency dumps. The strikers keep referring to 15 minute guideline as if anyone who matters has made this arbitrary and unacceptable decision.

they adhere to whose instruction? the union's.

I'm just saying they hide behind this 15 minutes as if it has any weight with city dwellers waiting in line.

B. L. wrote:

Legally, the pickets have the "right" to detain you long enough to tell you why they are there. Generally, this is supposed to be a minute at most. The City has capitulated to this ridiculous 15 minute delay imposed by CUPE for some reason, but there is no basis is law for it.

If you ask me, the police should be used to enforce the law and stop pickets from impeding citizens illegally.

C. R. wrote:

The 15 minute guideline was likely set by the Ontario Superior Court as one of the terms of the injunction controlling the picketing.

R. K. wrote:

There are obviously some fundamental disagreements on this listserv about workers, unions, collective bargaining and the right to strike; about the role of government and public services; and about who should be made to bear the costs of provincial underfunding of vital public services, an increasingly regressive and dysfunctional tax regime, and, of course, the present debacle in the economy, which is not going to be set right any time soon. I welcome the discussion, while recognizing that these disagreements are unlikely to be settled here.

The City quite clearly came into the negotiation with a plan to, among other things: -- break the wage pattern that has led to settlements with other city workers (not to mention councillor pay increases); -- eliminate sickday provisions and their banking toward a severance payment upon retirement; -- obtain a series of concessions on seniority, job protections and other provisions to increase management flexibility over recruitment of part-time and non-union staff and contracting-out; -- make further inroads towards privatization and commercialization of city services.

The City was able to get away with this approach earlier in the year with its (increasingly large) non-union staff. Thankfully, it's not having such an easy time with its unionized work force. Still, it obviously made plans for a strike well in advance, and is banking on the general anti-union climate to ride the strike through to victory. That is a tremendous disappointment and setback for those of us who saw some hope for progressive and pro-worker government in Miller and the councillors on his team.

Bryan Leblanc asks for details on the rollbacks the City is demanding. In these days of the Internet, it isn't too difficult to get general information about the issues involved in the strike. You can even find many details regarding the two union local's positions on their websites:

Local 79: http://www.cupelocal79.org/ Local 416: http://tinyurl.com/nga3z3

At the same time, City workers and their union understandably do not want or feel the need to publicize every detail about their contracts and negotiating positions. I don't know how many of us out there -- whether in the public or private sector, and whether unionized or not -- would want specific details of our wages and benefits splashed all over the media; and I don't know how many of us fortunate enough to be able to negotiate such terms with our employers would want our employer to conduct these negotiations via press conference.

B. K. wrote:

How do you know: "The City quite clearly came into the negotiation with a

city services."?

Also, my brothers live in Etobicoke where the garbage is being picked up by private companies hired by the City.

This arrangement exists in many centres - jobbing out many functions- as well as many provincial government agencies.

It may not be the Utopian ideal, but the day when the governments employ every one of their employees seems to be a thing of the past.

I'm not anti union, I belong to two, but I acknowledge the need to outsource to remain viable.

A. T. wrote:

I read today that the company who we used on our street to remove garbage, TuffRecycling.com who are Ministry Approved etc....have been forced to stop collecting residential waste because they are only licensed to collect Commercial waste, and were doing this as a bit of a side-line. The owner apparently told the press he wasnt bothered he was stopped, because he has made enough money to go on a month long holiday to Europe!! oh well. My intentions were good, I just wanted rid of my waste (plus the neighbours) with a guarantee that it wouldn't be dumped in any of the temporary locations.

On a positive note, to save on compost I decided to stop using diapers on my 2-year old boy and have completely toilet trained him. My compost has halved in only 2 weeks!! :o)

still trying to be optimistic......

C. wrote:

Where did you read that? I just called to check and they said that isn't true at all and they are still doing residential pickups. There was news of another two companies that were forced to sign agreements to stop doing pickups. Was this what you were referring to?

http://www.torontosun.com/news/torontoandgta/2009/07/15/10135966- sun.html]]

M. W. wrote:

Actually the police have been supporting the pickets, because the are legal pickets.

M. W. wrote:

Legal pickets (and this strike is a legal one) can hold vehicles for 30 minutes each vehicle.

Depending on where you go and when you may wait 2, 5, or 15 minutes.

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M. W. wrote:

Interesting, this globe and mail article does not appear to be about this strike at all. It quotes a number of statistics that seem pulled out of the air… she talks about all public sector employees, not just this small group of city workers, and those she refers as garbage workers.

First of all, this strike includes less than 800 garbage workers.

Many of those garbage workers are considered “part time casual” because the city lays them off for a short time each year to prevent them from being considered perm and getting access to what she calls a “gold plated” benefits plan. (At least one third of this union does not have any benefits to speak of, and no sick days and they stand to lose a lot through this strike.)

Who are “they” in this union that are making $20 an hour more than their private sector counterparts? Most of the park staff make less than $20 per hour, so perhaps she is referring to child labour somewhere where the take home is pennies a day.

I like how she has a problem with the teacher’s pension and their age of retirement. (Like that has ANYTHING to do with this strike). However, I would like to point out those fantastic pensions are DEFERRED WAGES. The teachers also control their own pension plan and invest it very well. Perhaps the companies that stole their employees pensions and invested them badly have brought down the average pension for ‘private sector’ workers and increased their retirement age. By all means, lets encourage the city to behave more like those companies.

Or we could all work for fair and healthy contracts and decent work places.

Content last modified on July 28, 2009, at 04:49 AM EST