San Francisco Employment Attorneys

							Furlough Fights
Parties                                 Court               Filing Date
(1) PECG, CAPS v Schwarzenegger, others                     12/22/2008
                                        Sacramento Superior Court
(2) CASE v. Schwarzenegger, others                            Court
                                        Sacramento Superior1/5/2009
                                        Sacramento Superior1/7/2009
(3) SEIU Local 1000 v. Schwarzenegger, others                 Court
(4) CCPOA v. Schwarzenegger, others                          1/15/2009
                                        Sacramento Superior Court
(5) CAPT v. Schwarzenegger, others                           1/23/2009
                                        Sacramento Superior Court
(6) CDFF v. Schwarzenegger, others                           1/23/2009
                                        Sacramento Superior Court
(7) SEIU v. Schwarzenegger, others                           1/27/2009
                                        Sacramento Superior Court
(8) Schwarzenegger v Chiang, others                           Court
                                        Sacramento Superior2/9/2009
(9) CASE v. Schwarzenegger, others                           2/10/2009
                                        San Francisco Superior Court
(10) CCPOA v. Schwarzenegger, others Alameda Superior Court  3/16/2009
(11) CASE v. Schwarzenegger, others                          5/22/2009
                                        Alameda Superior Court
(12) SEIU v. Schwarzenegger, others                          6/9/2009
                                        Alameda Superior Court
(13) UAPD v. Schwarzenegger, others                          6/9/2009
                                        Alameda 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
                                        San Francisco Superior Court
(17) DPA v. PECG                                             7/28/2009
                                        Sacramento Superior Court
                                                             8/19/2009
(18) CalPERS v. Schwarzenegger, others San Francisco Superior Court
(19) CCPEA v. Schwarzenegger                                 8/28/2009
                                        Sacramento Superior Court
(20) SEIU v. Schwarzenegger, others                          8/28/2009
                                        San Francisco Superior Court
(21) IUOE v. Schwarzenegger, others                          10/7/2009
                                         Los Angeles Superior Court
(22) CMA v. Schwarzenegger, others                          10/14/2009
                                        San Francisco Superior Court
(23) CCSO v. CDCR, DPA, others                                Superior Court
                                        Sacramento Country11/6/2009
(24) Acosta v. Henning and others               3/20/2008 (amended
                                        San Francisco Superior Court 11/23/2009
                                        Schwarzenegger, Northern California
                                                            12/16/2009
(25) Newton, McNeal, Beaton (CCPOA) v. US District Court, others

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
US District Court, Northern California

Updated 1/11/2010
           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
           CPF-08-508192
           CV-09-5887




ng Officers in State Employment




of Administration
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
Furloughs hinder state from complying with federal UI mandates; violate state constitution and state UI law
Furloughs violate Federal Labor Standards Act - Class action suit backed by CCPOA
Next up
Union lost. On appeal in 3rd District Court, Case No. C061011. Unions hope for hearing in early 2010.
Union lost. On appeal in 3rd District Court, No. C061009, with (1) and (3).
Union lost. The case, No. C061020 was been consolidated with (1) and (2) in 3rd District Court.
The union lost. No appeal. CCPOA argued same issue and won in Alameda Superior Court (10).
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.
12/17/09 ruling in favor of CCPOA. Gov to appeal to 1st District Court.
12/31/09 ruling in favor of CASE. Gov to appeal to 1st District Court.
12/31/09 ruling in favor of SEIU Gov to appeal to 1st District Court.
12/31/09 ruling in favor of UAPD Gov to appeal to 1st District Court.
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.
Final ruling against CalPERS 12/18/09. CalPERS deciding whether to appeal.
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.
No date set for hearing.
No hearing date set.
n early 2010.




t. Case No. C061648. Opening brief filed Oct. 20.