Local 1605 Amalgamated Transit Union v. Central Contra Costa County Transit Authority

ORDER GRANTING DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS’ FLSA CLAIM AND GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT ON MMBA CLAIM

Amalgamated Transit Union, Local 1605 and five members of the Union’s negotiat ing committee (collectively, Plaintiffs) seek compensation for time spent bargaining with Defendant Contra Costa County Transit Authority (CCCTA) during a lawful strike in January, 1998. Plaintiffs move for summary judgment on their claims that their time spent in negotiations was compensable under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., and that CCCTA’s failure to pay them for this time violated California’s Meyers-Milias-Brown Act (MMBA), Cal. Gov’t Code § 3500 et seq. CCCTA cross-moves for summary judgment, on the grounds that time spent negotiating is not compen-sable under FLSA, and that CCCTA’s refusal to pay Plaintiffs neither changed the terms and conditions of Plaintiffs’ employment, discriminated against Plaintiffs, nor otherwise violated the MMBA.

Applying the two-part test established in Tennessee Coal, Iron & Railroad Co. v. Muscoda Local No. 123, 321 U.S. 590, 598 , 64 S.Ct. 698 , 88 L.Ed. 949 (1944), the Court…