Professional Engineers in California Government and California Association of Professional Scientists have filed their opening brief with the Third District Court of Appeal in Sacramento. The unions are seeking to overturn the Jan. 29 decision by Sacramento Superior Court Judge Patrick Marlette that supported Gov. Arnold Schwarzenegger's furlough order.
The unions' arguments:
- The governor's order illegally cuts pay and hours.
- The order conflicts with employment contracts covering the engineers (Bargaining Unit 9) and the scientists (BU 10).
- The governor doesn't have unilateral authority under the state constitution to cut hours and pay. That power resides with the Legislature.
- The contracts of both unions specifically call for a 40-hour work week.
- Neither bargaining unit's contract has language that permits the governor to unilaterally cut hours or pay.
Click here to download the brief. It's 53 PDF pages.
There's been no court date set and there won't be for quite some time. We'll keep The State Worker users in the loop by posting significant documents as they are filed in the back-and-forth leading up to a hearing.