TORONTO - The main union for Toronto transit workers is urging the province to slow down plans to declare the service essential, and in return, promising not to strike during contract negotiations this year.

The province is poised to declare the Toronto Transit Commission an essential service by the end of March, when the first of three union agreements expires.

Bob Kinnear, president of Amalgamated Transit Union Local 113, says that's putting an unnecessary rush on things.

"This does not leave a lot of time to give unemotional and thoughtful consideration to a law that may well raise significant issues with respect to our members' fundamental rights," said Kinnear.

"There should be full debate in the legislative assembly, and full public consultation."

Kinnear promised Thursday that, if necessary, the union will go to binding arbitration rather than disrupt service while it negotiates a new contract.

That means the union will act like an essential services law is already in place, Kinnear said, while allowing more time for consultation.

The city has asked the province to introduce legislation to make the TTC an essential service, but it would be a tight squeeze.

Ontario politicians return from their legislative break on Feb. 22, which gives them just over a month to get a bill passed.

"There is no longer a necessity to ram through legislation," Kinnear said.

"This proposal alleviates the pressure on the provincial government, ensuring that they have appropriate time to do consultation."

The government is inviting all three unions who represent TTC workers to participate in the discussions over declaring it an essential service.

Ontario Premier Dalton McGuinty said the government does not have a firm deadline yet for passing the legislation.

"We haven't made any final decisions about what exactly we're going to do and how we will move at this point in time," McGuinty said Thursday.

"We still have a responsibility to talk to people, including the union."

Kinnear said the decision could affect other transit systems across the province.

If passed, the proposed private member's bill could allow the province to declare any city's transit system an essential service.

"This is not just a Toronto issue now. This has now been put into the provincial government's hands," said Kinnear, whose union represents almost 10,000 workers.

The province has said the economy takes a $50-million hit each day that the TTC is not running, not to mention the inconvenience to hundreds of thousands of riders.

In 2008, when TTC workers walked off the job only hours after rejecting a tentative deal, Kinnear said he had no choice but to set aside a promise to give 48 hours notice of any job action.

Toronto Mayor Rob Ford is anxious to fulfil his election promise to make the TTC an essential service, a move that was supported by city council in December.

But Kinnear said neither the union nor the public were consulted before council passed the resolution.

He said management is also opposed to declaring the transit system an essential service, adding it is uncommon for the union and management to agree on key issues.

City will push to get the legislation passed: Stintz

TTC chairwoman Karen Stintz was present during the union's announcement, and said the city is happy to discuss the issue with the union.

"We want to have continuity in service for our riders," said Stintz.

"If we can achieve this objective by sitting down with the union and working something out voluntarily, then it's in our respective interests to do so."

But the city will be pushing forward to get the legislation passed, said Stintz.

The union's announcement Thursday came the same day the transit commission said it would cut service hours on 41 less-travelled bus routes, so it could increase service on overcrowded ones.

Some routes will no longer have late-night bus service and, in some cases, no weekend service.

"To us it's a contradiction to say on one hand that transit is essential to the city of Toronto and the people of Toronto, while at the same time reducing service to the very people that have no alternatives," said Kinnear.

The criteria for the cuts was revised after hearing from the public at four meetings last week, but many riders were still not happy.

Some concerned passengers said it means they will have to walk farther to catch a bus at night, and they don't feel safe.

The TTC says ridership numbers along these routes are too low to justify the cost.

The service changes, which are projected to save $4 million, will take effect May 8.

Kinnear would not confirm reports that three TTC drivers were fired for texting behind the wheel, saying he would not comment on internal disciplinary measures.

"Each infraction or breaking of policy is treated individually and you have to look at the circumstances surrounding that incident," he said.