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Legal Actions Update February 20, 2010

Legal Actions Update February 20, 2010. Constitutionality of furloughs challenged. Filed in Sacramento Superior Court Furloughs violate the state constitution and various California statutes Now before the state Court of Appeal

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Legal Actions Update February 20, 2010

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  1. Legal Actions UpdateFebruary 20, 2010

  2. Constitutionality of furloughs challenged • Filed in Sacramento Superior Court • Furloughs violate the state constitution and various California statutes • Now before the state Court of Appeal • Parties have filed briefs in case – Court asked for supplemental briefs; • Decision is not expected before summer.

  3. 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 • SCIF has already provided nearly all the back pay to members, Schwarzenegger’s attorneys have appealed the decision. • Appellate briefs now being filed.

  4. Non-General Fund should be exempt from furloughs • Filed in Alameda Superior Court • Challenges furloughs of more than 20,000 employees with non-General Fund salaries, (e.g.Caltrans, CalPERS, DMV and EDD) • Measure cannot legally be applied to workers whose salaries are paid from other revenue streams • Hearing - Nov. 16; Decision – Dec. 30. • Backpay/Order Hearing on Feb. 22.

  5. 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

  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 • Document production process has started

  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 issued a warning letter

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