Changing Transit Plus drivers’ status a ‘ridiculous anti-worker provision,’ councillor says

Some fear a change of status for Winnipeg Transit Plus drivers could allow them to be paid less and receive fewer benefits.

However, council’s public works chairwoman said pay protections are now embedded in contracts and the change is needed to attract enough workers.

Three years ago, city council passed a motion that required Winnipeg Transit Plus drivers to be employees of companies the city hires to provide accessible transit service.

Coun. Brian Mayes said that clause prevents “sub-minimum wages” from being permitted for subcontracted drivers and ensures drivers can access multiple benefits.

“It means you get at least minimum wage, you get the employer paying into Canada pension, you get the employer paying into employment insurance, you are covered for workers compensation, all of these things,” said Mayes (St. Vital).

A new motion calls to delete the “employee” requirement, which Mayes deemed a “ridiculous anti-worker provision.”

The definition of the drivers as employees of city contractors was an important compromise reached by city council, when it rejected calls to have city staff provide at least part of the service, he said.

“I don’t think you should have people who work delivering service for disabled users at the lowest possible cost. I don’t think we should have sub-minimum wage drivers for Transit Plus,” he said.

In 2020, some Transit Plus drivers created a petition to demand improved working conditions, alleging they lacked breaks, endured deployment and scheduling issues and faced safety concerns. Some drivers also called for them to be considered direct employees of the city.

The July 2023 city council decision also required contractors to ensure any inflationary cost increases awarded to them to cover wages are directly tied to raises for their employees, a clause that would also be removed.

“If you’re giving private companies more money because the wage is going up, then the workers should get that money,” said Mayes.

Finally, the motion would also remove a mandate that future public reports on Winnipeg Transit Plus contracts include the names of firms that competed for the work, their bid amounts and how they scored on evaluations.

The issue entered the election campaign Tuesday, when mayoral candidate Kevin Klein backed Mayes’ call to reject the changes.

“Transit Plus is the lifeline of our seniors, people with disabilities. Drivers who deliver it, we believe should be (employees) with wages, (Canada Pension Plan), EI and workers compensation,” Klein said.

Mayes, who attended the announcement, said he is not endorsing Klein’s mayoral bid but wanted to thank him for highlighting the issue.

City council’s public works committee and executive policy committee voted in favour of the changes this month. Mayes hopes the motion will be defeated in a final city council vote on Thursday.

The head of the union for Winnipeg Transit drivers is also urging city council to reject the Transit Plus changes.

“(If) they’re not treated as employees (then) they don’t get any of the benefits or the protection by Manitoba labour standards. They can be treated in a way that I don’t feel is acceptable in this day and age, especially (for) an ambassador of the City of Winnipeg,” said James Van Gerwen, president of the Amalgamated Transit Union Local 1505.

Van Gerwen said the union would prefer to have the city hire Transit Plus drivers directly. He said deploying its own employees would provide the city more control over the service and its quality.

By contrast, Coun. Janice Lukes said the current rules pose a hiring challenge.

“The firms are having a hard time finding drivers and they want to do contract work. They find they can find contract workers more readily than full-time workers,” said Lukes (Waverley West), the chairwoman of public works.

The provision that ensured higher pay is passed to workers when contractors are given more money to cover wages is no longer needed because that “indexing” is now required through contracts instead, she said.

“Now the concerns are built into the contract, so this is redundant,” she said.

The city already shares much less detail of the bidding process for other contracts, she said.

“When we do award a contract for, let’s say, redoing Abinojii Mikanah… we don’t post all the bids and all the criteria rankings in our procurement process. We don’t do that. So, the goal to remove that is basically to simplify the administrative process,” she said.

Winnipeg Transit did not grant an interview request Tuesday. In an email, spokesman Brandon Logan said the city’s contractors for the service have faced challenges in recruiting qualified drivers, while some drivers have written to Transit to request a subcontractor model.

“Providing contractors with an additional recruitment model may help them attract and retain drivers,” wrote Logan.

Employment insurance and other benefits are determined by individual agreements between the driver and the contractor, which can vary between companies, he noted.

In a statement late Tuesday afternoon, a spokesman for Mayor Scott Gillingham indicated the mayor is taking a second look at the matter after voting in favour of the changes at EPC.

“We’re reviewing the issue and the mayor looks forward to the discussion at council,” wrote Colin Fast.

joyanne.pursaga@freepress.mb.ca

X: @joyanne_pursaga