I wrote a post called Mid-Collective Agreement Job Action and What to Do About It discussing the "options" available where "mid-contract" job action takes place. I said that:
If the employer (or union) wants damages that arise from the activity then a grievance could be filed under the collective agreement and an arbitrator will be required to determine the matter and award damages.
Well, the other shoe has dropped in the TTC saga according to an article in today's Globe and Mail which reports that the TTC to seek millions in damages from union. When you're dealing an institution like the TTC, you really have little choice, as the employer, but to seek to recover damages. Whether this makes it through arbitration and, if damages are ultimately awarded, whether the TTC seeks to recover those damages (if any), is anyone's guess at this point.