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Legal action update. Constitutionality of furloughs challenged. Filed in Sacramento Superior Court Furloughs violate state constitution and various California statutes Case is currently before the state Court of Appeal
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Constitutionality of furloughs challenged • Filed in Sacramento Superior Court • Furloughs violate state constitution and various California statutes • Case is currently before the state Court of Appeal • Parties are filing briefs in case; decision is expected after first of the year
Furloughs violates state Administrative Procedures Act • Judge agreed with our attorneys and denied Schwarzenegger’s attorneys’ motion to dismiss case • Local 1000 requests state to provide relevant documents • Document production process continues into 2010
Furloughs overturned for SCIF employees • Ruling: Furloughs are unlawful as applied to SCIF employees • Judge agreed with our attorneys that furloughs violated CA insurance code • Sept. 10—furloughs ceased for 6,200 SCIF employees • Though SCIF has already provided nearly all the back pay to members, Schwarzenegger’s attorneys have appealed the decision
Non-General Fund should be exempt from furloughs • Filed in Alameda Superior Court • Challenges furloughs of more than 20,000 employees whose salaries are not paid out of the General Fund, (Caltrans, CalPERS, DMV and EDD) • Measure cannot legally be applied to workers whose salaries are paid from other revenue streams • Briefs are being filed; hearing scheduled for Nov. 16
3rd furlough day violates Emergency Services Act (ESA) • Filed in San Francisco Superior Court in August • Our attorneys argue that state’s fiscal crisis was not an emergency and governor’s actions were political expediency related to a labor dispute for which the ESA cannot be used • Fiscal emergency no longer exists • Suit targets 3rd furlough day • State answers this complaint; document production process will start in near future
Unfair Labor Practice filed against governor • Governor’s double dealing is key reason our contract bill has not been ratified by Legislature • Aug. 11 filing with (PERB) cited the repeated violations of Dills Act • PERB has yet to issue either a warning letter or a complaint