SAN JOSE >> As the strike of Santa Clara Valley Transportation Authority workers reached its fourth day Thursday, transit officials and the union met for mediation for the first time since employees walked off the job — as the agency continued to seek an end to the strike through legal action that the union said was unexpected.

Members of Amalgamated Transit Union Local 265 walked off the job Monday after contract negotiations ended in an impasse last week. VTA filed a lawsuit Monday night alleging that ATU’s decision to go on strike was a violation of a “no strike” clause in the previous contract, a move that ATU President Raj Singh said caught the union off guard in an interview Wednesday.

The union also hesitantly agreed to return to mediation Thursday, Singh said in a video update to union members posted to the union’s Facebook page, adding that they are “not rejecting any meetings with the company.”

VTA Deputy Manager Greg Richardson, who did not personally attend the session, said Thursday afternoon that the mediation had been set to last much of the day, and that the two main points of discussion would likely have been a wage increase and the wording of an arbitration agreement. He added that either negotiating team could have brought other issues to the table.

Richardson added that there is “always a chance” any such meeting could result in a resolution to the strike but added that any agreement would then have to be voted on by VTA’s board and the union’s members. Whenever the strike comes to an end, it could be a “couple of days,” he added, until full service returns while busses and trains are inspected by mechanics.

“It’s possible that (resolution) could happen (late Thursday), but if that doesn’t happen, the very least that people have been together, talking about the issues and trying to solve (them), I think is a good step in the right direction,” Richardson said.

Richardson added that if the strike continues “beyond the next several days” that VTA will “find ways in which to provide some sort of service to our folks.”

The union was served with the lawsuit around 3 p.m. Wednesday, Singh said in the union update, adding that union’s lawyers believe that the case will be thrown out. The union filed its reponse with the court Thursday, according to court records.

Around 8:30 p.m. Wednesday, VTA filed an application asking for a temporary restraining order to force the union to stop the strike, according to court records. On Thursday, the union’s lawyers filed to request that the motion be given a hearing before the court. A hearing had yet to be set as of Thursday afternoon.

Singh said in an interview Wednesday that the shortest path to a resolution is to resume negotiations. Despite the lawsuit, the union plans to strike until a deal can be reached, he added.

“I think the best course of action for everybody, the agency, the union and the public, is to get back to the table and resolve this,” Singh said. “We’re really kind of confused by (the lawsuit).”

Bus and rail lines will remain closed until the strike is resolved, continuing to impact VTA’s estimated 100,000 daily riders.

Richardson added at a news conference Wednesday that the VTA was seeking a “cooling off period” through Gov. Gavin Newsom’s office to keep services operating while bargaining continues.

“We do need ATU to come to the table willing to negotiate and find some solutions to some of these open points,” Richardson said Wednesday. “From a legal point of view, with the action that was taken over the last couple of days, I would just simply say that both sides clearly have different interpretations of the contract language.”

In the lawsuit, VTA argues that the existing language in the contract still applies despite its expiration on March 3 because of language that states that the contract continues “from year to year thereafter” the expiration date. The agency also said the contract states it “shall remain in full force and effect” during negotiations, including the no-strike clause, according to court filings.

“That’s their interpretation at this point, and that’s not how it’s been interpreted before,” Singh said. “If we went by their interpretation, then the contract is never ending. I’m just saying that that would make it kind of illegal, at least in our opinion.”

Singh said that VTA sent out emails and communications over the past few weeks that acknowledged that the contract was expiring.

“Apparently they want to take a different position, so I’m not sure what they’re doing there,” Singh said. “We’re really not.”

The union said in its filings that VTA’s argument for a restraining order is that the previous collective bargaining agreement remains in effect but that VTA “has told all of its employees and the public that the contract between the parties expired on March 3, 2025.”

“This Court should not accept such a blatant about-face,” the filing reads. It adds that the cause of the contract expiring was both “as a result of impasse and the actions taken by the VTA.”

Richardson said Thursday that he would expect to have a judge assigned to the case by the end of the week.

“We’ll use all options available to encourage the continuation of negotiations with ATU in an effort to find a meaningful solution,” Richardson said at the Wednesday press conference. “From my perspective, it’s not so much the legal piece. It’s more about getting service back on the road, and this was the one avenue that we we felt like we could pursue.”

Bus and rail operators are currently paid a base salary of $42.88 per hour, and bus and rail dispatchers get $48.61 per hour, according to the previous contract between ATU and VTA.

The union is seeking an 18% raise over three years and wants to add a clause guaranteeing arbitration for contract disputes. VTA’s last and best contract offer in negotiations would give workers a 9% raise over three years.

“We’re open to having the dialogue,” Richardson said Wednesday of returning to the bargaining table. “I’m not aware of anything that’s been requested as to a scheduled time or anything like that, but we are open to putting that on the calendar and getting it on.”