Barring a resumption of negotiations and a breakthrough settlement, Silicon Valley's commuter buses and light rail trains will stay parked at least until March 26.
That’s when Superior Court Judge Daniel T. Nishigaya will hold a hearing in his Santa Clara court of the Valley Transportation Authority’s request that he permanently end the strike by 1,500 members of the Amalgamated Transit Local 265. The strike has halted all bus and light rail rides for an estimated 100,000 commuters daily since March 10. Paratransit services are continuing.
The VTA last Wednesday asked Nishigaya for a temporary restraining order to end the strike pending the court’s hearing of its claims that the union had violated a “no strike” clause in its contract expired a week ago. The agency sought to force workers back to their jobs while negotiations over a new labor contract continue.
Late Monday, the judge rejected the agency’s request for a restraining order, allowing the strike to continue until the court hearing.
The court decision Monday wasn’t the only rejection that hit the transit agency.
On Saturday, the VTA asked Gov. Gavin Newsom to intervene in the labor dispute. The VTA asked Newsom to order a fact-finding investigation to bring striking VTA frontline workers back to work while contract negotiations continue.
The Governor’s Office on Monday rejected the VTA request, telling San Jose Inside, “Our office is urging the parties to return to the bargaining table to engage in meaningful conversations and reach an agreement.”
The VTA said the union walked away from the bargaining table Friday after two additional mediation sessions. The union said the two sides are far apart on key provisions of a new three-year contract.
In a statement released today, the VTA put a positive spin on the court’s rejection of its restraining order request: “This means that the court found VTA has met its initial burden to show a likelihood of success on the merits of its breach of contract claim and that it will suffer irreparable harm if the strike continues.”
The VTA said the union now has the burden of convincing the judge why the court should not issue an injunction to halt the strike.
“VTA is committed to moving beyond the rhetoric to focus on constructive actions to finalize a contract,” the VTA said in today’s statement. “We have presented a fair and reasonable offer that keeps our employees among the highest paid in the Bay Area and the nation. We offer a comprehensive benefits package that includes a pension plan. We have offered language to address ATU’s issue on arbitration.”
The Amalgamated Transit Union Local 265 (ATU) represents 1500 VTA bus and light rail operators, mechanics, fare inspectors, dispatchers and customer service representatives.
VTA proposed a wage increase of 9.3% over the next three years – annual wage increases of 4%, 3% and 2% – and a $1,500 one-time payment for members.
The VTA is seeking 6% increases each year over three years. The union said last week it also was concerned that the VTA wanted to increase the cost of dental insurance, and allow the termination of employees after being absent after one year with a disability or an industrial injury plus a demand that the system have the sole power to decide whether an employee grievance should go to arbitration.
