From today's Toronto Sun...
The TTC is striking back after being brought to its knees by an illegal surprise strike by the Amalgamated Transit Union on Monday.
The TTC will be seeking damages from the union for shutting down the transit system, plus an extra $840,000 to pay for refunding Metropass owners $4 each for the lost day of service, Mayor David Miller announced yesterday.
"The losses are probably in the range of $2-to-3-million," Miller said.
He said it's important to pursue the claim, filed as a grievance under the collective agreement between the TTC and the ATU local 113, after the shutdown left 700,000 riders stranded.
"This is all about a fundamental breach of the collective agreement by not showing up for work," Miller said. "The TTC is serious about its claim."
GOOD CASE
Grievances usually don't get to arbitration and payouts are seldom made.
But Paula Rusak, who has practised labour law for more than 20 years, said the TTC has a good case, even though it's rare to see a union pay huge damages to management, as happened in New York City. That city's transit union was fined $3.6 million for a December transit strike, and its leader was sentenced to 10 days in jail.
"If management really wants to push it they certainly have damages and I think they have a good chance of succeeding,"she said.
The next step is for the TTC and the union to agree on an arbitrator to hear the case and set a total for damages. If that can't happen, either side can ask the labour ministry to assign an arbitrator.
A hearing would be held within 21 days.
Rusak said the employees who didn't go to work could face sanctions, anything from a reprimand to termination.
Bob Kinnear, president of ATU local 113, said this is just more litigation between the TTC and the union.
"That is going to show the membership their concerns aren't being addressed or recognized," Kinnear said. "I guess the mayor has decided he wants to ensure he can acquire some of the right-wing vote by showing he's not aligned so closely with the unions.
"It's a political move and I think it's unfortunate."
Kinnear said the union members are owed $8 million in Ontario health premiums, and if the TTC pays that, the union could cover the $840,000 Metropass rebate.
TTC chairman Howard Moscoe is mindful the commission and the union will soon be back at the bargaining table with a May 31, 2008 deadline for a new contract.
"It may be tempting to lash out and want to punish, but we have to try and make peace, not war," Moscoe said.
"There are those who say if you don't punish they'll do it again. I understand that, but let's balance that so it doesn't happen again."
At the same time, Kinnear must understand he doesn't run the TTC, Moscoe said.
"You can't engage in an illegal dispute that closes down the Toronto Transit Commission without suffering some consequences."
