VTA files legal complaint against union for breach in clause in attempt to end workers' strike

SAN JOSE, Calif. (KGO) -- It's day two of a strike for VTA union employees from ATU Local 265.

The two parties are not close to a deal, there's a 10% gap for wage increases and employees want other protections, including an arbitration agreement.

They maintain that they are not coming back until a deal is reached, but on Tuesday afternoon, the transit authority announced they are taking legal action to force their hand.

When driving in Downtown San Jose, you won't hear dings from the light rail, or see people on and off the buses.

But nearby, union VTA employees from ATU Local 265 were heard loud and proud on day two of their strike.

And leadership from the Valley Transportation Authority hopes it's their last.

Tuesday, VTA filed a legal complaint against ATU Local 265. It alleges the union broke a "no strike" clause in their contract.

In a statement VTA General Manager and CEO Carolyn Gonot said getting buses and trains rolling is imperative, "This strike is having an overwhelming impact on the community, and we are working on all efforts to support our riders getting to work, school, medical appointments, and events."

ATU Local 265 President Raj Singh said earlier in the day the company is giving them mixed messages.

"On one hand, we got an email saying that they can hear our positions and they're still willing to sit down but they won't give us a time. And on top of that, that's followed up by another email telling us that they're going to possibly seek an injunction."

VIDEO: City, county officials join VTA workers on picket line for 2nd day of strike

Tuesday marks day two of a Valley Transportation Authority strike which has cancelled all bus and light rail service in the South Bay.

The ATU International President, John Costa, joining VTA bus and light rail operators, maintenance staff, dispatchers, fare inspectors, and customer service representatives on the picket line.

As their strike moved into day two, Costa says this isn't only about wages, but also an arbitration agreement.

"This is about our contract, our protections, our right to due process that we've had historically in our contract here and in many places with the ATU," Costa said.

San Jose City Councilmembers and Santa Clara County Supervisors were among those in support at VTA headquarters Tuesday morning.

"Keep fighting," said SJ Councilmember Domingo Candelas, who sits on the VTA Board of Directors. "We all deserve dignity in our wages and respect on the job."

"You're the backbone of public infrastructure and public transportation system so yes, let's get a deal, let's move on, let's make sure we get a fair contract and make sure that you can get back to your lives," Betty Duong, a Santa Clara County Supervisor said.

"We have no future without public transit and we have no future without ATU," SJ Councilmember Pamela Campos said.

San Jose Mayor Matt Mahan is against the strike, saying VTA's 9% offer is more reasonable than the 18% ATU is asking for.

Mahan adds the strike is not good for anyone - this includes San Jose State students, who make up a large number of the 100,000 daily riders.

RELATED: VTA workers injured in traffic incident on 1st day of strike that shut down bus, light rail service

Early Monday morning, the picketing became dangerous, as video shows two men hit by a marked VTA truck.

Some were late to midterms and class, others were forced to pay for parking and gas.

"This is usually regarded as a commuter school," Vinson Suarez-Thai said. "I know the parking can get a bit hectic, especially right now because more people are carpooling here. I hope the issue gets resolved quickly."

We reached out to the union for a response to the lawsuit.

The top brass has been in a meeting all day figuring out their next steps, but we did not hear what those will be at this time.

For now, the strike continues on.