Confusion over breaks. No personal washroom keys. A temp worker at TTC alleges unfair conditions

A TTC worker who was hired through a staffing agency says temporary employees aren't being treated fairly compared to those brought on directly by the transit agency, and that its reliance on third-party companies for some staffing has created an environment ripe for abuse.

CBC Toronto is protecting the worker's identity as they fear they could lose their job for speaking out about their alleged working conditions.

"We provide such a crucial service to the TTC and yet we're being treated less than any other position," said the TTC customer service representative, who works in various subway stations to help riders navigate the system.

The worker said they decided to speak about their concerns after they received an email on June 30 from TalentWorld, the staffing and recruitment agency who hired them and placed them at the TTC, updating employees on break rules.

In this email from TalentWorld to its TTC temporary workers, the staffing agency explains the break structure. TalentWorld's parent agency, GardaWorld, has since told CBC the 15-minute break is a "miscommunication". (CBC)

The email, viewed by CBC Toronto, says a 15-minute paid break will be given to those who work anywhere from five hours to seven hours and 59 minutes. Under Ontario's Employment Standards Act, all workers, regardless of status, are entitled to one 30-minute unpaid break for a shift of that length — not 15 minutes.

TalentWorld notes in the email that the break structure "comes directly from the TTC."

'We just feel undervalued': worker

The worker said for the last month, they and their co-workers have been operating under the impression they are only entitled to a 15-minute break for five to eight hours of work.

The employee also alleges that temp workers do not have their own keys to TTC staff bathrooms and must use public washrooms if full-time TTC staff are not around to unlock the door for them.

"Those bathrooms are for TTC staff and the public cannot access them, they said. "If we're at downtown stations, we're told to use the Eaton Centre."

Sometimes, they also have to pay to enter a subway station if an attendant isn't present because temporary staff aren't given an all-access Presto card to enter their workplaces like full-time staff are, the worker said.

"We willingly stand for upwards of 12 hours at times and we want to provide such a great service to the residents of Toronto who have to deal with disruptions to the commutes," they said. "And we just feel undervalued."

TTC says email doesn't reflect requirements

In emailed statements to CBC News, a spokesperson for the TTC said the email from TalentWorld regarding a 15-minute break "does not accurately reflect the contract requirements between the TTC and TalentWorld."

Stuart Green, senior communication specialist for the TTC, said the transit agency does provide a 30-minute break for those who work five to eight hours.

"The information you have is not reflective of TTC contractual requirements. We are confident that the contractors are in fact meeting their obligations," said Green. "However, in view of your email, we are reminding them of this in the event there is miscommunication circulating."

Green said the TTC exceeds what's required under the Employment Standards Act by paying temporary employees for 15 minutes of their 30-minute break.

When it comes to the staff washrooms, Green said temporary workers "don't have keys but would be given access" by TTC employees. He also said no worker, including temporary workers, have to pay to enter the stations to work.

"All stations have collectors or TTC staff [customer service agents] to let them in," said Green.

But the employee who spoke to CBC Toronto said that's not always the case. Temporary workers sometimes have to pay to enter stations when an attendant isn't present, they said.

CBC News reviewed the worker's Presto card history and shift history and observed they occasionally paid a fare at the start of shifts at stations they were assigned to.

Staffing agency says miscommunication 'rectified'

In a statement to CBC Toronto, GardaWorld, a security firm that owns TalentWorld, said that the staffing agency's email about breaks was "the result of a miscommunication which has since been rectified."

As for washroom keys, GardaWorld said "keys are centralized at each station to ensure access control" and that employees have access to washrooms at "all times."

Ella Bedard, a lawyer and organizer with the Workers’ Action Centre, an advocacy agency for employee rights, said temporary workers are often not aware of their rights on the job. (Mark Bochsler/CBC)

But it added that "in the rare and unlikely instance where they are not able to access a station facility, they are directed to available public washrooms."

Regardless of whether a communication issue occurred around breaks, agencies like TalentWorld have a role to play in advocating for employees, the worker who spoke to CBC Toronto said.

TTC 'should be setting a high bar': lawyer

Ella Bedard, a lawyer and organizer with the Workers' Action Centre, an advocacy agency for employee rights, agrees.

Both the TTC and TalentWorld have a responsibility to "pay close attention" to what's occurring in the workplace, said Bedard.

"[It] is particularly upsetting to hear that it's happening at the TTC because the TTC is a public service," she added.

For the TTC, using temporary employees provides it with flexibility, its spokesperson said.

"Using contracted temporary [customer service representatives] allows us flexibility to only bring in staff as needed for short-term closures. Direct hires would be more expensive when salaries and benefits are factored in and we would not have as much flexibility to bring in more people as needed," said Green.

But Bedard said the centre has received calls from TTC temporary employees over the past few years with concerns over scheduling and not being given enough hours.

The TTC has hired some workers via staffing agencies like TalentWorld for roles like customer service agents. (Evan Mitsui/CBC)

"[The TTC] should be setting a high bar for employment standards, not allowing the bar to be lowered and slipped below what's supposed to be just the minimum floor of entitlements for all workers," she said.

The union representing TTC workers meanwhile says the transit agency hiring people through staffing organizations prevents the union from advocating for those employees.

"That is why going around a union does not protect workers," said Marvin Alfred, president of ATU Local 113.

"We would like for the people that are populating transit worker positions to be local, unionized labour because I think that is the best way to deliver that service reliably to the public."

Relying on any third-party staffing is a concern, said Bedard and Alfred, as it can mean less accountability for an employer and less oversight over the working conditions of some employees.

Neither the TTC nor TalentWorld would say how many temporary workers are employed by the TTC.