A Santa Clara County judge has ruled against striking VTA union workers, bringing bus and light rail services back to the region.
Superior Court Judge Daniel Nishigaya ruled Wednesday that members of Amalgamated Transit Union Local 265, which represents about 1,500 frontline VTA employees, must return to work — ending the union’s historic 17-day strike. He said VTA’s argument was valid and the strike was a breach of contract. Representatives from ATU Local 265 and VTA appeared in court after the public transit agency filed for an injunction earlier this month to stop the strike.
“The court does believe there is at least a reasonable interpretation of the collective bargaining agreement that would lead to the conclusion that the agreement including the no strike provision remains in full force and effect until agreement is reached while negotiations have taken place,” Nishigaya said in his ruling.
VTA spokesperson Stacey Hendler Ross said it’s unclear when service will return, but that VTA leadership will decide soon, as the injunction takes effect immediately. Negotiations on a new contract will continue despite the strike being stopped.
“This was a success for the passengers and for the people who rely on public transportation,” Hendler Ross said.
Another hearing will be scheduled in the future to determine VTA’s breach of contract case.
ATU Local 265 President Raj Singh said he’s disappointed by Nishigaya’s ruling.
“We’ll see what happens tomorrow shortly, but we believe the judge got this wrong,” Singh said. “At the end of the day, the workers lost.”
The injunction is one of VTA’s attempts to get striking workers back to work and restore public transit services across Santa Clara County. Nishigaya declined VTA’s request for an immediate injunction on March 17.
The public transit agency also asked Gov. Gavin Newsom to step in. Jenica Maldonado, an attorney representing VTA, said in the hearing that the governor’s office declined to intervene.
VTA claimed the union’s strike was a breach of contract by breaking the “no strike” clause. The agency also emphasized the negative impacts on thousands of riders who have been without public transit for more than two weeks, as well as the impacts on the agency itself.
“If we took their version of the facts, VTA would have no remedy and the union would be able to continue to strike,” Maldonado said.
ATU Local 265 representatives argued the contract ended March 3, nullifying the “no strike” clause. Benjamin Lunch, an attorney representing ATU Local 265, said VTA sent messages to employees acknowledging the contract would end March 3 and published a public bulletin about the contract ending, in which the agency acknowledged a potential strike.
The union also pointed out there are special government codes to provide injunctive relief in the event of a public transit agency strike — which it alleges VTA hasn’t followed. Lunch argued against VTA’s notion of “harm,” pointing to a 1990 California Supreme Court decision that gave public transit workers the right to strike despite the impact on riders.
“Public transit strike(s) will naturally have an impact on the public,” Lunch said.
ATU Local 265 and VTA haven’t been able to reach an agreement after months of negotiations. Union members voted down VTA’s latest contract offer Monday, which included an 11% wage increase over three years and changes to the conflict resolution process, but introduced new terms that hadn’t been discussed since earlier in negotiations.
Monica Mallon, transit advocate and San José Spotlight columnist, said she hopes transit services will return by this weekend. VTA previously said it might take up to two days for safety inspections of rail lines and other equipment.
As negotiations are continuing, Mallon cautioned against service cuts and urged the union and agency to focus on maintaining VTA’s long-term success.
“As a low-income rider without a car that has been struggling to get around during the strike, I’m relieved that service will return and I’m sure most riders will be relieved as well,” Mallon told San José Spotlight.
Last updated March 26 at 5:22 p.m. Original story published March 26 at 4 p.m.
Contact B. Sakura Cannestra at [email protected] or @SakuCannestra on X.
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