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Furlough Court Ruling Victory

 

August 2012

Every Bargaining Unit 9 employee is entitled to receive two days of back pay and more than 200 PECG members will be awarded up to 70 days of back pay because they were illegally furloughed. This was the ruling of Alameda Superior Court Judge Steven A. Brick in a lawsuit filed by PECG on behalf of the members. 

Because Unit 9 employees were furloughed two days more than supervisors and the law specifies that furloughs must be proportionate, the Judge awarded two days of back pay to all 10,000 employees in Unit 9. In addition, 200 PECG members at the Water Resources Control Board and the Department of Toxic Substances Control who worked on hazardous substance management and remediation at military bases will be entitled to receive between two and 70 days of back pay, depending on how many months they worked in that assignment. Finally, nine PECG members at the California Housing Finance Agency and Prison Industry Authority will receive up to 70 days of back pay due to the illegal furloughs. 

PECG was joined in the lawsuit by the California Association of Professional Scientists, representing state scientists. The total award appears to be in excess of $10 million. 

Judge Brick issued his final Judgment on August 2.  The state has 60 days to appeal his ruling to the Court of Appeal, if they choose to do so.

The judgment only applies to employees represented by PECG and CAPS. It will not be available to employees in other State Bargaining Units.

See Also:

6/07/12 Superior Court Ruling

In the News Press Releases

Jerry Brown Continues Furlough Lawsuit Fight with California Engineers, Scientists, Sacramento Bee, 08/15/12

Well, it's not over yet. Gov. Jerry Brown has decided to appeal a trial court's decision that the state wrongly furloughed thousands of state workers and owes them millions of dollars in back pay.

Would Layoffs Be Better Than Furloughs for California's Employees?, Sacramento Bee, 08/09/12

Given California's serial budget crises, don't be surprised if you start hearing about a push to speed up the state's glacial employee layoff process – from state workers themselves.  

Clock Starts on Deadline for Jerry Brown to Appeal State Worker Furlough Case, Sacramento Bee, 8/6/12

Gov. Jerry Brown must decide by the end of next month whether to keep fighting state engineers and scientists over a recent furlough lawsuit he lost or pay $12 million in back wages to settle accounts.

Government Labor Unions Give Ground in California as Budgets are Squeezed, Sacramento Bee, 07/04/12

When California's largest public employee union announced Tuesday that its members accepted another year of furloughs, it was one more sign that government labor unions are moving to make concessions.

State Employee Furlough Language Back in CA Budget, 06/26/12 Sacramento Bee

A new budget bill has restored language that would allow Gov. Jerry Brown to furlough state workers without an agreement with their unions.

State Employees Suggest Alternatives to Jerry Brown's Four-Day Workweek Furlough Plan, 06/08/12  Sacramento Bee

Bruce Blanning, executive director of Professional Engineers in California Government, said that union's rank and file -- most of them Caltrans employees -- reject the proposed 5 percent cut altogether, given the state's continued spending to outsource work that state workers could do.

Court Awards Back Pay for Furloughs to State Workers, 6/8/12 Sacramento Bee
An Alameda County judge on Thursday ruled that state government engineers and scientists are owed back wages because they were excessively furloughed last year.

13,000 California State Workers Win Back Pay in Furlough Lawsuit - 6/7/12 Sacramento Bee
An Alameda County judge has ruled that state engineers and scientists are owed back wages because they were excessively furloughed last year.

Five California State Worker Unions Sue to Halt Furloughs - 3/4/11 Sacramento Bee

Against the backdrop of difficult contract talks, five state worker labor unions have asked a judge to order Gov. Jerry Brown to stop what they say are illegal three-day-per-month furloughs.

Unions Ask Alameda Superior Court Judge to Stop Furloughs - 3/3/11 Sacramento Bee

PECG Files Opening Brief for Furlough Injunction (3/3/11)

Furloughs Take Toll on State Worker Pay - 2/11/11 Sacramento Bee

After two years of furloughs and frustration, the fallout from state worker pay cuts is stark and tangible.

Litigation Over Third Furlough Order Sent Back to Trail Court - 12/28/10 Sacramento Bee

The 1st District Court of Appeal has lifted an decision that stopped union challenges to Gov. Arnold Schwarzenegger's last furlough order, referring the matter to Alameda Superior Court for more litigation as that court "may deem appropriate."

Illegal Furloughs Trigger Back Pay Award for State Engineers - 06/07/12 PECG Press Release
 

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