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Furlough suits clog courts in budget fight

Here is a listing of some of the lawsuits filed against the state over the administration’s furlough practices. The list includes those who filed the suit, the date it was filed, the legal issue involved and the result, if any. Some cases were combined, some have not yet been scheduled for hearings, and appeals have been filed in others. The list will be updated on merits.

1. Professional Engineers in California Government (PECG) and the California Association of Professional Scientists (CAPS) vs. the state Department of Personnel Administration (DPA), Dec. 22, 2008. Issue: The governor’s authority to furlough state workers. Administration wins at trial court; appeals filed.

2. California Attorneys in State Employment (CASE) vs. DPA, Jan. 5, 2009. Issue: Challenges the governor’s authority to furlough. Administration wins at trial court; appeals filed.

3.  Service Employees International Union (SEIU) vs. DPA, Jan. 7, 2009. Issue: Governor’s authority to furlough. Administration wins at trial court. (The lawsuits were combined with the two other suits above).

4. California Association of Psychiatric Technicians (CAPT) vs. Schwarzenegger, Jan. 23, 2009. Issue: Furloughs allegedly violate Labor Code. Hearing was scheduled Jan. 15, 2010.

5. CDF Firefighters (CDFF) vs. DPA, Schwarzenegger and state controller, Jan. 23, 2009. Issue: Governor’s authority to furlough.

6. SEIU (2nd L lawsuit) vs. DPA, Schwarzenegger, state controller, Jan. 27, 2009. Issue: Schwarzenegger allegedly violated state Administrative Procedureds Act.

7. Schwarzenegger vs. State Controller’s Office, Feb. 9. 2009. Issue: Governor contends controller John Chiang should apply furlough order to employees in constitutional offices. Governor wins at trial court.

8. Member of CASE (2nd lawsuit) at State Compensation Insurance Fund (SCIF) vs. DPA, Feb. 10, 2009. Issue: State law bars furloughs of SCIF employees. CASE wins at trial court; appeal filed.

9. California Correctional Peace Officers Association (CCPOA) vs. DPA, March 16, 2009. Issue: Furloughs allegedly constitute de facto salary cut. CCPOA wins at trial court, administration appeals. Appellate court grants temporary stay.

10. CASE (3rd lawsuit) vs. DPA, May 22, 2009. Issue: Special Fund vs. General Fund. Case was at trial court; appeal filed. Case combined with CCPOA case (above) a 3rd SEIU lawsuit and a suit brought by Union of American Physicians and Dentists, UAPD. (see below). CASE wins at trial court.

11. SEIU (3rd lawsuit) vs DPA, June 9, 2009, Alameda County Superior Court. Issue: General Fund vs. Special Fund. SEIU wins at trial court. Feb 22. Hearing planned on back-pay issue.

12. UAPD vs. DPA, June 9, 2009, Alameda County Superior Court. Issue: General Fund vs. Special Fund. UAPD won at trial court.

13. SEIU (SCIF) vs. DPA, June, 12, 2009, San Francisco Superior Court. Issue: State law allegedly prohibits furloughs of SCIF employees. SEIU wins at trial court. Appeal filed.

14. CASE (SCIF, 2nd lawsuit), June 30, 2009, San Francisco Superior Court. Issue: Block the 3rd furlough day. Case dropped.

15. CAPS vs. Schwarzenegger, July 24, 2009, San Francisco Superior Court, General Fund vs. Special Fund. Hearing, Jan. 21, 2010. Administration wins at trial court.

16. DPA vs. PECG (and others), July 28, 2009, Sacramento Superior Court. Issue: Block court from ordering arbitration when the same issue awaits resolution in another venue (3rd District Court of Appeals).

17. California Public Employees’ Retirement System (CalPERS) vs. Schwarzenegger, Aug. 18, 2009. Issue: Governor’s alleged misuse of emergency authority, Special Fund restrictions, interference with PERS constitutional obligations. Administration wins at trial court.

18. California Professional Public Employees Association (CPPEA), and others, vs. Schwarzenegger, Aug. 28, 2009. Issue: Self-directed furloughs allegedly are illegal.

19. SEIU vs. Schwarzenegger, Aug. 28, 2009, San Francisco Superior Court. Issue: Third furlough day allegedly violates Legislature’s budget role.

20. California Medical Association vs. Schwarzenegger, Oct. 14, 2009, San Francisco Superior Court. Issue: Governor allegedly transferred doctor-paid fees from California Medical Board to General Fund. Hearing postponed until Feb. 24.

21. DPA vs. International Union of Operating Engineers, Nov. 3, 2009, Sacramento County Superior Court. Issue: Prevent court from ordering arbitration when same issue is pending in another venue (Public Employment Relations Board).

22. California Correctional Supervisors Association (CCSO) vs. California Department of Corrections and Rehabilitation (CDCR), Nov. 6, 2009, Sacramento Superior Court. Issue: Administration allegedly violated state Labor Code. Judge denies request for Temporary Restraining Order.

23. Acosta, and others, vs. Economic Development Department, Nov. 23, 2009, San Francisco Superior Court. Issue: Alleges illegal impact on payment processing because of furloughs.

24. DPA vs. SEIU Local 1000, and others, Nov. 24, 2009, Sacramento Superior Court. Issue: DPA seeks to prevent union from seeking arbitration when same issues are pending in other venues (PERB and the courts).

25. Newton, McNeal and Beaton vs. Schwarzenegger, et al, Dec. 16 in U.S. District Court. Alleges violations of federal Fair Labor Standards Act. Plaintiffs are correctional officers.

26. Professional Engineers in California Government vs. Schwarzenegger, Jan. 21, 2010, in Alameda County Superior Court.


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