March
24, 2010
Dear Unit 2
Member:
Earlier this
morning, Alameda County Superior Court Judge Frank Roesch heard arguments
regarding whether the automatic stay of his order to end furloughs at special
fund agencies should be lifted. Following argument from all parties,
Judge Roesch ruled from the bench that, effective immediately, furloughs of
employees at the following 60 agencies must end without delay:
Air
Resources Board • Alcoholic Beverage Control Appeals Board • Attorney General •
Business, Transportation, and Housing Agency • California Department of Food
and Agriculture • California Department of Transportation • California
Earthquake Authority • California Highway Patrol • California Horse Racing
Board • California Housing Finance Agency • California Integrated Waste
Management Board • California Postsecondary Education Commission • California
Prison Industry Authority • California State Coastal Conservancy • California
State Lands Commission • California State Lottery Commission • California Tahoe
Conservancy • California Unemployment Insurance Appeals Board • Commission on
Teacher Credentialing • Controller of the State of California • Department of
Aging • Department of Alcoholic Beverage Control • Department of Boating and
Waterways • Department of Community Services and Development • Department of
Conservation • Department of Consumer Affairs • Department of Corporations •
Department of Financial Institutions • Department of Fish and Game • Department
of General Services • Department of Health Care Services • Department of Housing
and Community Development • Department of Industrial Relations • Department of
Managed Health Care • Department of Motor Vehicles / New Motor Vehicle Board •
Department of Parks and Recreation • Department of Pesticide Regulation •
Department of Public Health • Department of Real Estate • Department of
Rehabilitation • Department of Social Services • Department of Toxic Substances
Control • Department of Veterans Affairs • Department of Water Resources •
Division of Workers Compensation • Emergency Medical Services Authority •
Employment Development Department • Gambling Control Commission • Insurance
Commissioner of the State of California • Managed Risk Medical Insurance Board
• Office of Administrative Hearings • Public Employees' Retirement System • Santa
Monica Mountains Conservancy • Secretary of State for the State of California •
State Council on Developmental Disabilities • State Teachers' Retirement System
• State Water Resources Control Board • Victim Compensation and Government
Claims Board • Wildlife Conservation Board • Workers' Compensation Appeals
Board
As you are
likely aware, Judge Roesch’s order included language stating that all salaries
unlawfully withheld from CASE members be restored to them. Unfortunately,
at today’s hearing Judge Roesch did not lift the automatic stay as to this part
of his order. Accordingly, the back pay issue will be reviewed by the
First District Court of Appeal. Members who have had their salaries
reduced as a result of furloughs will not receive back pay until and unless the
Court of Appeal affirms Judge Roesch’s order of February 25, 2010. CASE
will, of course, press this issue in the Court of Appeal.
In related
news, last Friday CASE secured the first appellate victory in the furlough
litigation with a published decision from the First District Court of
Appeal. The decision affirms Judge Peter Busch’s ruling from last summer
in which he invalidated the furloughs for approximately 475 attorneys employed
at State Compensation Insurance Fund (SCIF). The opinion is available on
the CASE website (www.calattorneys.org).
An interesting
part of the SCIF opinion appears at the bottom third of page 10. The Court
of Appeal refers to the fact that furloughs at an agency like SCIF do not save
any money for the general fund. While this observation is undeniably
true, it was not technically essential to the Court’s decision. Since the
appeal of the “special fund” case in
Also, earlier
this week CASE filed a brief in the California Supreme Court opposing the
Governor’s petition to consolidate seven different furlough appeals in that
Court. CASE’s opposition is available on our website
(www.calattorneys.org). There is no indication as to when the California
Supreme Court might act on the Governor’s petition.
CASE is
committed to protecting the rights of all Unit 2 members, and will continue to
fight in the courts, in the Legislature, and at the bargaining table to ensure
that
As
always, your support of CASE and your colleagues in Bargaining Unit 2 is
greatly appreciated.
Sincerely,
The
CASE Board of Directors