From: CASE@calattorneys.org
Sent: Thursday, February 04, 2010 1:22 PM
To: CASE@calattorneys.org
Subject: Court of Appeal Orders Supplemental Briefing In
Furlough Appeal
February
4, 2010
Dear
Unit 2 Member:
As
you are likely aware, we have appealed Judge Marlette’s decision in the
litigation challenging the governor’s authority to unilaterally impose
furloughs. This case is presently before the Third District Court of
Appeal. On January 29, 2010, the Court of Appeal ordered supplemental
briefing on five legal issues. The Court’s order is attached to
this e-mail.
Over
the last two years, we have received many excellent suggestions and comments
from our members concerning our ongoing litigation efforts. We hope to continue
to receive valuable input from the 3,500 legal professionals of Bargaining Unit
2. To this end, please take a moment to review the attached order from
the Court of Appeal. If there are any legal theories or arguments you
feel would be helpful in our appeal, please send them to info@calattorneys.org, and include “Supplemental
Briefing” in the subject line of your e-mail. Please note that
CASE’s response is due on or before March 1, 2010, and that no extensions
of time will be sought or granted.
Some
have asked whether in this economic climate it is wise to continue to oppose
furloughs, if it results in forcing the state to impose straight pay cuts or
begin the layoff process. CASE, of course, understands that if given a
choice, most state employees would choose a temporary reduction in pay
accompanied by time off over a straight pay cut. However, it is unclear
that the current administration is even willing to engage in such a discussion
in good faith; their actions suggest that they feel they are entitled to impose
their will on state employees rather than negotiate with them. Because
Bargaining Unit 2 is one of the state’s smallest bargaining units, we
must continue to oppose any effort made by the current administration to
unilaterally impose pay cuts or other takeaways, as only then will the state
return to the table and actually engage in good faith bargaining.
As
always, your support of CASE and your colleagues in Bargaining Unit 2 is
greatly appreciated.
Sincerely,
The
CASE Board of Directors