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091214 Furlough Lawsuits

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091214 Furlough Lawsuits Powered By Docstoc
					Furlough Fights
Parties                       Court                     Filing Date
                              Sacramento
(1) PECG, CAPS v Schwarzenegger, others Superior Court12/22/2008
                              Sacramento Superior Court 1/5/2009
(2) CASE v. Schwarzenegger, others
                              Sacramento Superior Court 1/7/2009
(3) SEIU Local 1000 v. Schwarzenegger, others
                              others
(4) CCPOA v. Schwarzenegger, Sacramento Superior Court 1/15/2009
                              Sacramento Superior Court 1/23/2009
(5) CAPT v. Schwarzenegger, others
                              Sacramento Superior Court 1/23/2009
(6) CDFF v. Schwarzenegger, others
                              Sacramento Superior Court 1/27/2009
(7) SEIU v. Schwarzenegger, others
                              Sacramento Superior Court 2/9/2009
(8) Schwarzenegger v Chiang, others
                              San                        2/10/2009
(9) CASE v. Schwarzenegger, othersFrancisco Superior Court
                              Alameda
(10) CCPOA v. Schwarzenegger, others Superior Court      3/16/2009
                              Alameda Superior Court
(11) CASE v. Schwarzenegger, others                      5/22/2009
                              Alameda Superior Court
(12) SEIU v. Schwarzenegger, others                      6/9/2009
                              others
(13) UAPD v. Schwarzenegger, Alameda Superior Court      6/9/2009
                              San Francisco Superior Court
(14) SEIU v. Schwarzenegger, others                      6/12/2009
                              San Francisco Superior Court
(15) CASE v. Schwarzenegger, others                      6/30/2009
                              San Francisco Superior Court
(16) CAPS v. Schwarzenegger, others                      7/24/2009
(17) DPA v. PECG              Sacramento Superior Court 7/28/2009
                              San Francisco Superior Court
(18) CalPERS v. Schwarzenegger, others                   8/19/2009
(19) CCPEA v. Schwarzenegger Sacramento Superior Court 8/28/2009
                              San Francisco Superior Court
(20) SEIU v. Schwarzenegger, others                      8/28/2009
                               Los Angeles Superior Court10/7/2009
(21) IUOE v. Schwarzenegger, others
                              San Francisco Superior Court
(22) CMA v. Schwarzenegger, others                      10/14/2009
                              S                          11/6/2009
(23) CCSO v. CDCR, DPA, others acramento Country Superior Court

The unions / employee groups:
CAPS: California Associaton of Professional Scientists
CAPT: California Association of Psychiatric Technicians
CASE: California Attorneys, Administrative Law Judges and Hearing Officers in State Employment
CCPEA: California Professional Public Employees Association
CCPOA: California Correctional Peace Officers Association
CCSO: California Correctional Supervisors' Organization
CDFF: California Department of Forestry Firefighters
SEIU: Service Employees International Local 1000
PECG: Professional Engineers in California Government
SEIU: Service Employees International Local 1000
UAPD: Union of American Physicians & Dentists
IUOE: International Union of Operating Engineers, locals 3, 12, 39 and 501

Professional associations
CMA: California Medical Association

The government entities:
CalPERS: California Public Employees' Retirement System Board of Administration
CDCR: California Department of Corrections and Rehabilitation
DPA: Department of Personnel Administration
Schwarzenegger: Gov. Arnold Schwarzenegger
Chiang: State Controller John Chiang
The courts:
1st District Court of Appeal (San Francisco)
3rd District Court of Appeal (Sacramento)
Alameda County Superior Court
Los Angeles County Superior Court (registration required, fee for service)
Sacramento Superior Court
San Francisco Superior Court

Updated 12/14/09
           Case number
           34-2008-80000126-CU-WM-GDS
           34-2009-80000134-CU-WM-GDS
           34-2009-80000135-CU-WM-GDS
           34-2009-80000137-CU-WM-GDS
           34-2009-80000148-CU-WM-GDS
           34-2009-00032732-CU-WM-GDS
           34-2009-80000150-CU-WM-GDS
           34-2009-80000158-CU-WM-GDS
           CPF-09-509205
           RG09-441544
           RG09-453982
           RG09-456750
           RG09-456684
           CPF-09-509580
           CPF-09-509629
           CPF-09-509695
           34-2009-00054223-CU-MC-GDS
           CPF-09-509754
           34-2009-80000308-CU-WM-GDS
           CPF-09-509782
           BC 423409
           CPF-09-509896
           34-2009-00063209-CU-WM-GDS




earing Officers in State Employment




2, 39 and 501




rd of Administration
for service)
Argument
Order violates the California Constitution’s separation of powers.
The furlough order violates separation of powers.
The governor has no authority to furlough; employees not normally subject to overtime should get overtime pa
Salary adjustments must be approved by the Legislature.
The governor cannot reduce employee salaries. Governor seeks to combine several furlough lawsuits and bring
Furloughs are a de facto illegal pay cut.
Furloughs are an example of improper rule-making.
Employees of independent constitutional officers are subject to furloughs.
Furloughing of State Compensation Insurance Fund legal staff violates state law prohibiting staff cutbacks at th
Furloughs are a de facto illegal pay cut because understaffing forces union members to work full schedules but
Furloughing employees paid from money outside the general fund is wasteful and outside the government’s au
Furloughs are arbitrary and irrational for employees paid with money outside the general fund.
Furloughing employees paid from money outside the general fund is wasteful and an ideological statement aga
Furloughs at the State Compensation Insurance Fund violate state law prohibiting staff cutbacks at the fund.
Lawsuit sought to stop governor’s third furlough day order.
Furloughs are intended to save general fund money, so employees whose wages come from other sources shou
The union has improperly sought arbitration over whether furloughs violate its contract.
CalPERS’ needs staff at full strength to rebound from investment losses; staffing reductions violate members’ v
Independent employee group says that self-directed furloughs are illegal.
Governor’s third furlough day order undermined Legislature’s role in budget decisions.
Furloughs hinder vital work, make no sense for special fund departments and agencies and are unlawful.
Furloughs create licensure, investigative and enforcement delays
Correctional supervisors aren't being fully compensated for work performed
Next up
On appeal in 3rd District Court, Case No. C061011. Unions hope for hearing in early 2010.
On appeal in 3rd District Court, No. C061009, with (1) and (3).
The case, No. C061020 was been consolidated with (1) and (2) in 3rd District Court.
The union lost.
Hearing date set for Jan. 15.
No action in this case since May. Case may not go forward, the union wouldn’t say.
No action in this case since June.
Constitutionals lost but their workers remain furlough free. Appealed to 3rd District Court. Case No. C061648.
CASE won. Governor plans to appeal to 1st District Court.
Argued and taken under submission by Judge Frank Roesch on 11/16.
Argued and taken under submission by Judge Frank Roesch on 11/16.
Argued and taken under submission by Judge Frank Roesch on 11/16.
Argued and taken under submission by Judge Frank Roesch on 11/16.
SEIU won. Governor plans to appeal in 1st District Court.
The union has dropped this case.
Set for Jan. 21 hearing at 9 a.m. Judge and department TBA.
No hearing date set.
No hearing date set.
No date set for hearing.
No date set for hearing.
Conference-case management hearing scheduled for 1/28/10
No date set for hearing.
No date set for hearing.
t. Case No. C061648. Opening brief filed Oct. 20.

				
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