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Legal action update

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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Legal action update

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  1. Legal action update

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

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