CAPS Furlough Win is Final
October 22, 2014
The State has decided not to ask the State Supreme Court to review the CAPS furlough win. This means the appellate court decision is final and that all scientists that held a rank-and-file position and were furloughed in March 2011 are entitled to two days of back pay because those furloughs exceeded the legislative authorization for furloughs.
The First District Court of Appeal ruling requires the state to “set aside as unlawful the second and third unpaid furlough days in March 2011, … and take any and all actions required by law to make those employees whole by providing back pay… .”
CAPS was joined in this litigation by PECG, representing the Professional Engineers in Unit 9. Only scientists and engineers are covered by this award of back pay.
A schedule for calculating the back pay and issuance of checks has not been established. CAPS will work with CalHR and the State Controller’s Office to ensure the checks for state scientists are issued as soon as possible.
Furlough Victory!
September 12, 2014
The First District Court of Appeal yesterday upheld a trial court ruling that found that the mandatory unpaid furlough of rank-and-file scientists for two days in March 2011 was illegal.
The ruling requires the State to “set aside as unlawful the second and third unpaid furlough days in March 2011,…and take any and all actions required by law to make those employees whole by providing backpay…”
This means that every rank-and-file state scientist covered by the case is due to receive two days back pay, plus interest, when this ruling become final, which appears likely.
CAPS was joined in this litigation by PECG, representing the Professional Engineers in Unit 9. Only scientists and engineers are covered by this award of back pay.
The appellate court did unfortunately reverse the trial court’s ruling regarding certain scientists involved in hazardous waste remediation and management on military bases. The appellate court held the Legislature had the authority to furlough these scientists through the State Budget, meaning they would not get additional back pay.
The decision of the Court of Appeal is likely to become final in 30 days. It is uncertain whether the Supreme Court’s discretionary review of this decision will be sought or granted. CAPS will keep you apprised of the status.
Read the decision here: http://capsscientists.org/wp-content/uploads/Furlough-Decision.pdf
Official Judgment in CAPS Furlough Lawsuit
August 9, 2012
The Alameda Superior Court has now issued the official judgment in the CAPS furlough lawsuit. Judge Steven Brick ruled in early June that two furlough days required of state scientists were not authorized by law. Under Judge Brick’s order, all rank-and-file scientists are entitled to two days of back pay. Judge Brick also agreed with CAPS that the furlough of 55 scientists working on military base remediation at DTSC and the SWRCB was illegal. Those 55 DTSC and SWRCB state scientists who billed time under certain narrowly written state statutes are entitled to anywhere from 2 to 70 days of back pay. Finally, Judge Brick ruled that scientists working in the “off budget” agencies of the Prison Industry Authority and the California Earthquake Authority should not have been furloughed and are entitled to back pay The state has until early October to appeal the ruling, and likely will do so to put off a final judgment as long as possible.
Brown Administration Files Final Furlough Brief in Appellate Court (03/11/13)
Appellant’s Reply Brief
State Scientists Entitled to Back Pay After Judge Declares Furloughs Illegal (06/07/12)
CAPS Press Release
PECG CAPS Superior Court Furlough Ruling (6/7/12)
Alameda County Superior Court
Court’s Tentative Ruling on the Petition for Writ of Mandate (4/11/12)
Alameda County Superior Court
CAPS Files Brief in Reply to Governor’s Opposition (3/30/12)
Argued April 13, 2012 in Alameda County Superior Court
Governor Files Opposition Brief (3/8/12)
Argued April 13, 2012 in Alameda County Superior Court
CAPS Files Opening Brief (2/3/12)
Argued April 13, 2012 in Alameda County Superior Court
Furlough News Stories
Court Awards Back Pay for Furloughs to Some California State Workers
7/8/12 Sacramento Bee
Judge: California Owes Back Pay for Excessive Furloughs
7/8/12 CBS Sacramento
13,000 California State Workers Win Back Pay in Furlough Lawsuit
7/7/12 Sacramento Bee
CAPS Furlough Case
CAPS has responded to the California Supreme Court’s request for additional information in the lawsuit filed by CAPS and other groups challenging the Governor’s initial decision to implement mandatory unpaid furloughs. CAPS expects oral argument to be scheduled soon in that case.
Read CAPS’ response: Supreme Court Brief
CAPS Furlough Case at Supreme Court
June 10, 2010
The first lawsuit challenging Governor Schwarzenegger’s legal right to impose mandatory unpaid furloughs has been called up for hearing by the California Supreme Court. That case was first filed on December 22, 2008 by CAPS and PECG, the state engineers union. As you may recall, Sacramento Superior Court Judge Patrick Marlette ruled that Schwarzenegger DOES have the unilateral right to impose unpaid furloughs during a “fiscal emergency.” CAPS immediately appealed, and the case has been before the Third District Court of Appeal ever since. It has been fully briefed, but the Third District hadn’t set the case for hearing.
Now the State Supreme Court has intervened. A notice received by CAPS on June 9 wants answers to some additional questions from all parties by June 23, and replies by June 30. The Court presumably will then set the case for oral argument.
CAPS is encouraged by this development for two reasons. First, it should finally resolve whether Schwarzenegger broke the law when he imposed furloughs unilaterally. Second, resolution of the case might come in time to impact contract negotiations before the departure of the Schwarzenegger Administration. CAPS welcomes both developments.
CAPS Files Furlough Brief
April 22, 2010
Oral argument in the “minimum wage case” will be held before the Third District Court of Appeal on June 21, 2010. This lawsuit stems from the Governor’s effort to force State Controller Chiang to pay no more than the federal minimum wage during the budget impasse in 2008.
Appellate Court Issues Stay: Furloughs to Continue for Now
March 30, 2010
In the latest legal twist, the First District Court of Appeal has reinstated furloughs, at least for now. The appellate court has granted a “temporary stay” of Alameda Superior Court Judge Roesch’s order, giving itself time to decide whether the furlough program will end for 67 special fund state agencies or whether furloughs will continue while the case is decided on appeal. (This stay was ordered in two of the three pending cases. It is assumed that the court will issue a similar stay in the SEIU case soon. If the court issues a different order in the SEIU case, we’ll send an update.) Because a decision will not be made until next week at the earliest, this means that this Friday, April 2, will be a Furlough Friday. To recap, the Alameda trial court had ruled that the furlough of employees at 67 special fund agencies was illegal. The Governor appealed that judgment. Last week the trial court ordered that the furlough program should end immediately for employees at those 67 agencies. The First District Court of Appeal has now granted a temporary stay of that trial court order while it determines whether the writ should be granted (which will determine whether the furlough program will end while the appeal of the judgment is being decided). The Court of Appeal will accept opposition from the parties to the case on or before Wednesday, April 7, 2010, at 10:00 a.m. and will likely make a decision shortly thereafter. CAPS’ challenge to the furlough program covering all state scientists is pending before the Third District Court of Appeal where briefing will be complete within three weeks. CAPS’ special fund challenge to the furlough program is being appealed to the First District Court of Appeal. CAPS supported the State Supreme Court assuming jurisdiction over these appeals so that a prompt and final resolution of the furlough issues could be reached. The State Supreme Court has not yet ruled on whether it will take the cases directly.
Alameda County Furlough Ruling
February 26, 2010
Alameda Superior Court Judge Frank Roesch ruled yesterday that Governor Schwarzenegger must immediately cancel mandatory furloughs for employees in dozens of state departments which receive funding primarily from non-general fund sources. His long-awaited ruling, made originally on December 31, 2009, orders the state to pay all employees of the dozens of listed state agencies their full salary without any reductions pursuant to an illegal furlough and to restore any wrongly withheld salary.
The Governor has stated his intention to immediately appeal. The Governor will seek a stay of the ruling, meaning it would not take effect until the Court of Appeal hears and rules on the case. Typically, decisions involving the payment of money are stayed on appeal, but that will be determined by the court in short order.
Based on prior rulings, there is a good chance the judgment could be stayed pending resolution upon appeal meaning that furloughs will not stop and employees will not immediately receive checks for back pay. The Court of Appeal will almost certainly address other decisions made regarding the furlough of special fund employees within the jurisdiction of the First District Court of Appeal, centered in San Francisco. Among the cases pending before the court will be the January 21 ruling from San Francisco Superior Court on the CAPS special fund furlough lawsuit.