Mississauga bus driver suspended for using bathroom while on duty

The Amalgamated Transit Union (ATU) is upset after they say a bus driver in Mississauga was suspended for five days for using the bathroom while on duty.

The union called the suspension by Mississauga Transit a “blatant violation of basic human rights and dignity,” claiming the policy endangers the safety of both drivers and the public.

“This is a serious violation of the rights of our bus drivers,” said ATU Local 1572 President Nicholas Bye. “The last time we had to ask if we could use the bathroom was during grade school.”

The sentence was based on so-called “progression of discipline.” Union officials confirmed he has a past three-day suspension.

The union has filed a grievance on behalf of the driver, who was cited by Mississauga Transit for “deliberate delay of service for using washroom facilities.”

At a hearing into the grievance, officials with Mississauga Transit argued that if every operator was given a free-pass to go to the bathroom and be late, operations would turn to chaos.

Transit Director Geoff Marinoff released a statement on Monday, saying, “Employees are permitted to use washroom facilities en route as required provided passenger safety is not placed at risk in the process.”

“Without commenting on the specific details of the case at hand, the City is disappointed that the Amalgamated Transit Union, Local 1572 has decided to misrepresent the issue through the media.  In short, the City of Mississauga does not deny its employees the right to take required washroom breaks while on duty.   (read full statement below)

The union says it has been fighting to change the policy on bathroom breaks since 1988.

“In what job would workers stand for not having the right to use the washroom? We will continue to fight to provide drivers this basic human right,” Bye said.  

The ATU represents more than 190,000 workers in 264 local unions across Canada and the United States.

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The City of Mississauga’s practice with respect to washroom breaks for transit operators is clear.  Employees are permitted to use washroom facilities en route as required provided passenger safety is not placed at risk in the process.  Without commenting on the specific details of the case at hand, the City is disappointed that the Amalgamated Transit Union, Local 1572 has decided to misrepresent the issue through the media.  In short, the City of Mississauga does not deny its employees the right to take required washroom breaks while on duty.   

The City does not discuss the specific details of legal proceedings pursuant to the Ontario Labour Relations Act.  However, the City does not agree with the manner in which the Amalgamated Transit Union, Local 1572 has characterized the nature of the discipline in this case.  Further, washroom facilities are provided at the end of most routes and recovery time is built in to operator schedules so as to minimize the impact upon service for customers.  

The City is committed to providing its employees with a safe and healthy work environment.  In the case at hand, the City has investigated the incident and the employee was disciplined in accordance with the City’s progressive discipline process.  

This matter is the subject of a grievance that should be properly considered through the grievance arbitration process.   

The City of Mississauga’s MiWay staff is responsible for providing reliable and consistent transit service to customers.  The City holds staff accountable when our service is unduly delayed.  

Geoff Marinoff
Director, Transit