Some Ottawa transit workers on the picket line Thursday morning, the 44th day of the strike, said they and their colleagues would welcome an "essential services" designation for their job.

"I think about 99 per cent of us would love it to be essential service," said Tony Mitchell, who has been driving transit buses for 29 years and is on strike for the third time.

"Just look at all the people that are in the city here that have no way of transportation, trying to go to doctor's appointments, cancer patients, that sort of thing. That's a shame. Forty-three days now? What's the matter with those people over there?"

His colleague, Raymond Richer, who has been driving transit buses for 28 years, said he'd have no problem with transit being declared an essential service either.

"It would be a lot easier," he said. "I'd love that."

At least three other transit workers picketing at OC Transpo headquarters on St. Laurent Boulevard said they also think transit should be declared an essential service, although none of them would give their full names.

If transit were essential, binding arbitration would likely be forced on both sides — something Mitchell said he is willing to accept.

"Well, maybe we'll have to sacrifice on certain things regarding the schedule, but at least both sides would be doing it, both sides would … have to give a little bit," he said.

There are certain aspects of worker scheduling, the main issue of disagreement between the two sides, that transit workers are willing to budge on, Mitchell said.

Informal discussions

About 2,300 transit drivers, dispatchers and maintenance workers walked off the job on Dec. 10. No talks have been held since Dec. 23 between the City of Ottawa and Amalgamated Transit Union Local 279, which represents the striking workers.

But Mayor Larry O'Brien said Wednesday that both parties have been holding informal discussions with federal mediators since last week "in an effort to keep dialogue open on a possible settlement."

Earlier the same day, federal Labour Minister Rona Ambrose said the federal government had no plans to legislate transit workers back to work. OC Transpo is under federal rather than Ontario jurisdiction because some of its routes pass into Quebec.

Transit workers could still be forced back to work by an order from the Canada Industrial Relations Board, if the board finds there is an immediate and serious danger to the health and safety of the public.

The board is reviewing submissions from the public, the city and the union. However, the city's solicitor told city council Wednesday that his own analysis concluded that the strike posed no immediate and serious danger.

Ottawa woman fears for life

Ottawa resident Claire Feeny disagrees. She has a heart problem and isn't supposed to do much walking. But while transit buses aren't available, she has no choice.

"Because there is this strike, and I'm in this situation, I'm afraid," she said. "If you die, you die. That's it. There's nothing you can do."

Michael MacNeil, a professor of public affairs at Carleton University, said transit services generally aren't treated as essential, and he knows of only one occasion when the Canada Industrial Relations Board has ruled that a strike or lockout would immediately and serious endanger health and safety.

That case involved employees of Atomic Energy of Canada Ltd., where the board ruled in 2001 that a level of production of medical isotopes should be maintained.

On Jan. 8, transit union members voted 75 per cent against the city's most recent offer, which was issued on Dec. 23. Since then, both sides have suggested limited arbitration, but have been unable to agree on the conditions.