HandyDart strike leaves disabled passengers out in the cold

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Since the onset of the HandyDart strike, UBC counselling psychology instructor Vaughan Marshall has been teaching three-hour classes in her rain gear.

How would you assess TransLink’s handling of the HandyDart strike?

Tim Louis

Lawyer and one of the creators of HandyDart

“If I had to give it a grade, I’d give it an F. When you put a contract out to tender”¦surely one of the elements”¦that you assess the vendors on is the ability to deliver the service. If you are so poor at labour relations that you are unable to deliver the service, because you cannot work with the people that deliver the service for you—the employees—surely that’s the deal breaker.”

Vaughan Marshall

HandyDart user and UBC instructor of counselling psychology

“TransLink hasn’t handled the HandyDart strike. TransLink is claiming an inability to intervene in the strike and seems to overestimate MVT [Canadian Bus’s] current performance and future potential.”¦It’s unfortunate that the system was set up this way, and it speaks to the problems of privatization. That’s my response in a nutshell to that.”

Raj Chouhan

NDP labour critic, former union official, and MLA for Burnaby-Edmonds

“I think TransLink, by contracting out the HandyDart services, has shown very poor leadership. These are very important services. Thousands of people, it seems, are now neglected by this private company. It doesn’t look like they handled it well. Even though they are trying to wash their hands off, TransLink still has the responsibility. They should ask MVT and the union to come back to the bargaining table.”

Jane Dyson

Executive director, B.C. Coalition of People With Disabilities

“I think it’s unfortunate that TransLink hasn’t been more involved with trying to encourage the two sides to get together and sort out this problem.”¦[BCCPD] is very concerned about the impact that this is having on the people with disabilities and seniors, particularly with respect to the social isolation that can occur when people are not able to get out into their communities.”

A single mother who has suffered from rheumatoid arthritis since she was a teenager, Marshall told the Georgia Straight that she regularly used HandyDart—a service set up to help people disabled to the extent that they can’t use regular transit—before its drivers began striking on October 26. She commutes from the side of the campus she lives on to the other. Now she has to travel the whole distance in her power wheelchair.

Marshall also has to get to the G. F. Strong Rehabilitation Centre on Laurel Street so she can teach vocational rehabilitation courses part-time. Things were supposed to be better for people like Marshall and the system’s estimated 30,000 users, after TransLink contracted out the 27-year-old HandyDart service to the for-profit MVT Canadian Bus Inc.

In October 2008, MVT—a subsidiary of California-based MV Transportation Inc.—was awarded a $113-million contract to run the HandyDart system in Metro Vancouver for three years. Within 10 months of MVT’s takeover of the system on January 1, however, the HandyDart operators went on strike.

“For several months, I thought, ”˜Okay, we’re in a transition period and things are going to get better,’ ” Marshall said of MVT. “Things have not gotten any better. I’m really busy, I work more than full-time, and I’m a single parent. I don’t have time. It’s so disrespectful of people’s time to keep people waiting.”

HandyDart’s Vancouver founder, Tim Louis, called it “utterly dreadful” that MVT is in a labour dispute with Local 1724 of the Amalgamated Transit Union, which represents HandyDart workers. Assessing the impact of the work stoppage on people’s lives, the former Coalition of Progressive Electors city councillor and park board commissioner recalled the 2001 transit strike.

“As bad as that was, there were other alternatives: hitchhike or hop in a car with a friend,” Louis told the Straight. “With the thousands of people in the Greater Vancouver area that use HandyDart, people that don’t have the ability to hitchhike or to hop in a car, the alternatives are very few or none. What that means is we have got thousands of people literally homebound as a result of the labour dispute.”

Louis added in a later call that Vancouver never had a HandyDart work stoppage before MVT came into the picture.

ATU Local 1724 vice president Tim Johnston told the Straight that HandyDart workers have always supported Louis’s vision of having several nonprofit societies running the service. Now TransLink has brought about the amalgamation of the regional nonprofits into a private “one-service provider,” he noted.

MVT has proposed hourly wages of $21 “upon ratification” and $21.25 effective January 1, 2010, according to figures MVT spokesperson Zdenka Buric e-mailed to the Straight.

But Johnston said this is not retroactive, and he added that a SkyTrain worker makes $28 an hour standing on a platform checking tickets. Johnston has driven for HandyDart for 17 years and has two sisters in the same job. He said they try not to talk shop with each other in private because of how steamed they are about what’s going on in the workplace.

“Our main issues are definitely pension,” Johnston said. “They are trying to eliminate our pension. They are trying to eliminate, or reduce, our benefits.”¦There are several other issues, but they are insignificant compared to these major ones.”

Both Marshall and Louis agree with Local 1724’s position that MVT should agree to binding arbitration.

The Straight asked Buric if this was a possibility, and she replied: “Not at this time.”

TransLink spokesperson Ken Hardie told the Straight the regional transportation authority’s hands are tied.

“We have no legal right to do that,” Hardie said by phone of bringing MVT to arbitration. “They are a contractor. We don’t run their business.”¦We have no legal standing in this regard.”

Marshall said she is so furious about the strike that she wants TransLink to punt MVT and negotiate a new contract with another party.

Numbers behind the HandyDart strike

> HandyDart drivers’ current hourly wage: $20.25

> Wage MVT is offering: $21 upon ratification, $21.25 in 2010

> Wage ATU Local 1724 is demanding: $25.35

> Percentage of HandyDart employees covered under existing pension plan: 60%

> Percentage of HandyDart employees ATU wants covered under pension plan: 100%

> What MVT is offering: all employees move to self-directed RRSPs in lieu of pension plans

Sources: ATU Local 1724 vice president Tim Johnston, MVT spokesperson Zdenka Buric

Comments (42) Add New Comment
Pablo
The reason the government and Translink want nothing to do in dealing properly with the situation is that the 30,000 Handydart users have no real impact on deciding who will win an election.

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Beryle Chambers
From the very beginning of MVT Canadian taking over HandyDart the company attitude has been one of arrogance, indifference and greed. I am a regular handidart user, taking it to my part-time job four days a week and have had terrible experiences with handidart being late due to their overbooking of the buses. Now drivers and management are deadlocked. regarding a contract. The union has changed its position to accept an independent arbiter's binding decision. MVT, on the other hand, refuses to do so. Binding arbitration has been used effectively for many years as a way for both sides to save face when disagreements are hopelessly deadlocked. While the union has shown concern for customers by changing their position in a bid to get buses rolling again, the company continues to prolong the strike. Especially, during the cold, rainy weather, users are often unable to go out without the HandyDart. Doctors appointments, work, school classes, shopping have become almost impossible. Think of Scrooge grasping at pennies with his bony fingers - while others are left out in the cold. That is MVT. Unconcerned about anything but the bottom line, a maverick riding a willful, wrathful trail - leaving pain and distress to all in its wake. Donald Trump would be proud of their money first attitude. In Canada, that type of attitude is nothing short of reprehensible. MVT what are you afraid of? Justice? Get those buses moving!
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Carolyn Zazubek
Your pension facts require slight modification. Although MVT promised to apply to be covered by the MPP, they only applied for a "Temporary Membership" until the new contract was ratified. The MPP rejected this as there is no temporary membership and invited MVT to submit an application for full membership. MVT has not done so.

YET THEY CONTINUE TO DEDUCT MONEY FROM MY PAYCHEQUE UNDER THE CATEGORY MPP.

So they have not honoured their original promise to keep employees covered by MPP. In addition, they say that the monies that they are deducting from our cheques are held in a Trust Fund until we get the pension/rrsp situation resolved. BUT THIS IS APPARENTLY A NON-INTEREST BEARING TRUST FUND. so the 60% of employees previously covered by the MPP have now 1. lost their MPP, and 2. lost out on the interest on that money. This from a company that says they treat their employees like "family".

Even more important, in my mind, is the fact that MVT, itself a contract, wants to be able to contract out itself, so even if we get everything we ask for in the contract, we still might be out of a job.

This is completely unacceptable.

Thanks to Vaughn Marshall for her show of support - she is a dynamite lady whom I admire immensely.

Please feel fre to publish my reply online or in hard comp. Thankyou.

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Skippy Love
A very good read,i support these workers.
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Donna
The contract should never have been given to a foreign for profit company in the first place.
They do not live in the community, have zero interest in the community, and are sending Canadian tax payer dollars to the USA.

The company has shown its disdain towards the clients and workers, and now there is a backlash.

MVT should be send packing back to where they came from and HandyDART should become a wholly owned subsidiary of TransLink. HandyDART should be treated the same as Coast Mountain, Skytrain and Seabus, etc.
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carolyn Zazubek
pablo, last time I looked, persons with disabilities had the right to vote.
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Graham Henderson
The position Translink has taken, according to Ken Hardie, is that they have no legal right nor responsibility to intervene in the dispute. I,m calling him on this point, because as the body with direct oversight of the entire transit system INCLUDING HandyDart, Translink sets out the parameters under which each contractor must operate, and if a contractor does not meet those criteria, Translink can, no, MUST review the performance of the contractor.Not only has MVT Canadian Bus Inc.not met the terms of their agreement with Translink to provide a seamless service to the community of the disabled, the service, has seriously deteriorated to the point that many passengers are not only forced to ride on the vehicles for periods of time, much longer than is necessary, in other cases are abondoned to their own resources.
Having driven for HandyDart since it's inception and for the Easter Seal program prior, I have seen the mean spirited manner in which, initially B.C. Transit and subsequently Translink have treated our passengers as well as employees. It seems that they will continue this course until something is done to dissuade them. The public at large need to be reminded that people who rely on HandyDart are grandparents, parents, and children of ours with the distinct possibility that we too may become a part of the ridership.
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Fred Johnson
Translink should re-tender this contract. There are Canadian companies who bid this work lower than MVT and who are certainly aware of the need to maintain the rights and benefits of the dedicated and hardworking Handydart workers. Translink needs to admit their mistake in awarding this contract to a company who is unwilling to negotiate from a position where they actually care about the futures of their employees and their customers.
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GB
MVT needs to get back to the table and treat there employees with respect. The employees for one deserve the security of the MPP that they had until MVT took it away, they deserve to know that there job, whether a driver or office worker, will not be contracted out, and that they have the security of knowing the benifits for medical, dental and extended health will not be capped. MVT made there bid on this service based on the best of the eight regions current contract with room for improvement. MVT promised great things for this service, to be improved for workers and the clients who deserve top notch service, but what has been happening is a travisty. My sister uses handydart every day, it is her only way of getting our of her home. I use handydart and have not been able to. Please, I ask, no I demand, that MVT get back on track, give there head a shake and wake up to the fact that this is Canada and our disabled and elderly need this service up and running, NOW. Christmas is coming so lets give the clients and the workers a great present, and do some fair negotiations. Now!
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A driver
Something I haven't seen mentioned here, is the dedication and personal involvement that the Members who work for Handydart have with the passengers. It's a commitment that I have never seen before in my years in the workforce. The patience,respect,love for the passengers is deserving of the right to a decent pension and opportunity to retire with dignity. We are underpaid,undervalued by this emlpoyer and Translink, as are the passengers we transport. Many of them do not have a voice and we, the members are not only speaking for ourselves, we are speaking for the disgusting way MV has treated them also. MV is stealing money from me every month and say it's my MPP on my paystub. Where is that money as we don't have an MPP? They said we had full benefits. Until April 1st. They never tell the truth. They said they've never been on strike. New York 2006.
They lie. Translink and MV are holding People with Disabilities hostage. They simply don't care.
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Wendy Wall
Just a couple christmas carols I wrote while on the picketline...
first one to the tune of "Oh Christmas tree":

Oh Handydart, Oh Handydart
How lovely are our drivers.
Oh Handydart Oh Handydart
We are Canadian Survivors

We went on strike
we had no choice
the media is now our voice

Oh Handydart Oh Handydart
We only want our jobs back
but with a fair contract.


To the tune of "We wish you a merry xmas' :

We wish you fair contract, we wish you a fair contract
we wish you a fair contract before the new year

good timing for sure, cause we just can't wait
good timing for a settlement that we'd surely take

We wish you a fair contract , we wish you a fair contract,
we wish you a fair contract before the NEW YEAR!

thank-you to all our wonderful passengers, thank-you for your patience and support, Wendy Wall
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Bill Buchan
Carolyn, I'm not totally sure but I thought Pablo was saying that the govt. and translink doesn't care or listen to the users as they are a "small portion" of voters.. I think he means that the govt. and translink "think" that the users will have no impact in an election..
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Carolyn Zazubek
Thanks, Bill, you may be right. I wonder, however, how many seats have been won or lost by just 30, or 300, votes.
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diana drew
they should send this company packing back to the states as this is Canada and not the Us and our work laws are different than there laws. The drivers are one of the most caring people of there passengers and should be treated fairly and they do more that the reqular bus drivers do and get less pay. PLEASE SEND THEM PACKING. Secondly I have on a few times voiced my concerns to translink and basicly got no where I respect the job that they are doing on the picket lines even though it ias a hardship on the customers but if they get away with it now they will only make it worse in the future. Good luck drivers. sorry can't be on the picket lines right now with yous but hope to soon
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Vaughan Marshall
I’d like to add to the comments that were included in the article, because I don’t think people have a sense of bad the situation is. After many, many screw-ups over several months, I kept a detailed log of my Handydart trips in the one-month period immediately before the start of the strike. In that one-month period I spent 13.3 hours just sitting waiting for Handydart. That doesn’t include the “buffer” period I have to create in case a meeting runs late, or a student needs to speak to me after class. Nor does it include the dead time spent on the other end of a trip if the bus actually gets me to my destination on time. And, finally, it does not include the horrendous amount of time actually spent on the bus sometimes, because of the illogical trip combinations.

People should not be left waiting and wondering if and when someone will show up for them, they should not be denied transportation because they didn’t arrange it several days in advance, and they should not be held captive on buses because of ridiculous trip combinations that take people far, far out of their way so as to get as many passengers on a bus as possible. If any other group in society had to put up with what Handydart passengers put up with, there would be a huge outcry.

The article says I’m so furious because of the strike that I think “Translink should punt MVT and negotiate a new contract with another party.” Actually, the company’s behaviour leading up to and during the strike is just the last straw. MVT has consistently demonstrated its disregard for passengers over the past 11 months. When I have discussed problems with Translink, they have expressed faith that the company would eventually sort things out and provide a better service than has ever existed. However, there will clearly be no improvement until (or unless) MVT owns up to the problems that exist, rather than trying to manufacture a “reality” that everything is well. Right now, MVT continues to claim that they are “providing the same excellent services [we] have come to expect,” and that they are providing “on-time service.” This is frankly ludicrous

I am not a lawyer, so I don’t know whether Translink has the power to intervene in this strike, and to force the parties to reach a resolution. However, I’m pretty certain that there must be clauses in the contract between MVT and Translink that allow for discontinuation of the contract in the event of failure to meet performance expectations. How much evidence does Translink need of MVT’s inability or unwillingness to provide a decent standard of service to passengers? How long are we expected to be patient in the face of an abysmal service that limits people’s ability to live their lives?

I’m concerned that drivers have been demonized in the media because they’re out on strike. The drivers are the heroes of the operation. They work extremely hard to provide good service to passengers. They know the passengers, and see us as human beings, not as mere pixels on a display terminal, or numbers on a spreadsheet. They know that, just like them, I cannot arrive at work “whenever.” They are given impossible schedules, and they must get very tired of apologizing to people.
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Sue Stroud
Thank you to the Handy Dart drivers who care about what happens to their passengers (unlike MTV who refers to passengers as 'packages' and 'packages with wheels'). MTV demeans the passengers and the drivers by their actions. I'm sick of privatisation as it gets us nothing but extra costs and disrespect. Time for all of us to march.
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Jessica
Ken Hardie's job is to deflect criticism from the dozens of TransLink VPs, Directors, Presidents and CEOs, who make anywhere from $100/hr to $150/hr. I'm appalled that a bus company would use a con artist such as Ken Hardie to essentially keep the public misinformed and confused rather than to concentrate on showing leadership and accountability to deal with transit issues in a constructive manner.

Salaries to Ken and his friends are obscene and unjustified to run a very simple business, transit. Transit in this city doesn’t serve transit users; transit serves Ken and his friends and they are insensitive to people who are suffering on account for their indifference!
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Ian Dart
Translink’s Mr. Hardie, Lady Mayor of Surrey (Mayors' Council Chair) and other authorities claim that their hands are tied to get involved in this dispute. They all come short of accepting responsibility for over 300 HandyDART buses sitting idle in HandyDART lots. These buses are expensive and have cost over $50 million dollars for Translink out of tax payers pockets. MVT (the American contractor) has not bought these buses from Translink. Neither are they leased to that company. There is actually no charge for MVT to keep these buses idle. I am wondering if these buses belonged to Mr. Hardie and other authorities (and not to the public) would they ever hesitated to step in and try to resolve this issue to save their 50 million dollar capital investment in the first couple of days. Now that it is a public property they do not take responsibility to step in and save this investment trusted with them by the public. They are either ignorant or are trying to hide the fact that these buses are “handed” to MVT rather than being sold or leased. MVT charge Translink, as you go, something like per hour carrying customers. This is the main reason MVT is sitting back relaxed in California now. Because they do not need to take any capital investment risk, as any other legitimate investor and entrepreneur would. It is a free risk almost zero down and almost zero investment, many investors are not aware of.
Authorities would cry if you go against PPP, but please stop here. Unlike many other ones this one is not even a real PPP. One has betrayed his own like-minders by claiming so. It is a contract to privatize a subsidized public service. On one hand you put the public property and money into a service and subsidize it and on the other hand you take the public control off this subsidized service by privatization and then forget about your subsidy, your capital investment and most important of all, your duty to provide service to the most vulnerable people.
Yes this is the main dilemma in this mess."Privatizing a SUBSIDIZED public service". Mr. Hardie!, are you really saying that you (Translink as a public agency) has signed a contract, handing out free public property, with no provision to control the public interest? How ”¦ it is.
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Nonpicketing ATU
WE waived the RIGHT for BINDING ARBITRATION when we begged for the STRIKE! Now we're on STRIKE and begging for BINDING ARBITRATION! Do WE know what WE want?
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Chipper
As a relatively new driver, hired under the older system prior to MV Canadian Bus, I was taught that "I am the Captain of my bus". As such, I could make a reasoned alteration in my scheduled trips to serve my client better. That's become an almost daily occurrence rather than an oddity.
Two examples come to mind where my "Captaincy" has saved my clients innumerable, needless time and suffering. One trip started in Maple Ridge with a client going to Langley via White Rock. VIA WHITE ROCK???" It would have entailed a 1 hour and 30 minute trip, provided of course, that the rush hour traffic worked with me. Fortunately, my client received the service she deserved and I altered my routing to go to White Rock via Langley. My client got home in 20 minutes and I was still 'on time' to pick up my next client in White Rock. And even better yet, I now had 40 minutes of 'free' time in which I could assist other drivers and clients. It also resulted in not burning an additional 40 minutes of diesel fuel needlessly.
The other and far more troubling trip involved a wheel chair client, on a respirator. The 'schedule' called for me to pick up the client and travel 32 blocks northbound where I was to pick up a second client and then reverse my trip 41 blocks to pick up another single client southbound. Once more, I was instructed to reverse my run another 47 blocks northbound to pick up another single client. At this point I was to start dropping off my clients. Take note.....the first client on board was to be my final drop off and was scheduled to spend 1 hour and 45 minutes in his wheel chair riding over top of the bus's rear axle. The worst possible place to ride a HandyDART. Fortunately my training once again kicked in and upon consultation with our dispatcher, I made an unscheduled 'direct' trip to the clients residence. This is not a case of getting preferential treatment, but more a case of doing what's best for the most needy.
Scheduling mistakes like these NEVER..... EVER happened before MV Canadian Bus won the contract in the lower mainland.
I am ashamed of the way we drivers are forced to treat your parents, grandparents or children.
I suppose the moral of the story is...."If I as a driver, was properly screened to make sure I was suitable to carry our most valuable of citizens...why was MVT not screened by Translink in the same manner"?
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