Gov. Arnold Schwarzenegger's lawsuit to compel Controller John Chiang to issue state worker paychecks with reduced pay has been kicked to the federal courts. The move could delay or kill the state court hearing on the matter that is scheduled for Sept. 12.
In papers filed in U.S. District Court in Sacramento, attorneys representing the California Correctional Peace Officers' Association and the California Statewide Law Enforcement Association have argued that the governor's lawsuit raises issues of federal labor law. As such, the documents say, the matter should be heard in federal court. The Schwarzenegger administration filed its lawsuit in State Superior Court in Sacramento.
Attorney Gary Messing told the State Worker: "We think the federal law is clear, that employees need to be paid on time and paid their full wages."
The "notice of removal" the union attorneys filed means that, for now, the state court date is off because the case is now in the federal court's hands.
"It puts a question mark over that Sept. 12 date," DPA spokeswoman Lynelle Jolley told the State Worker this morning. "DPA is opposed to moving it to the federal court."
If, as expected, state officials argue to keep the lawsuit in the state court, the federal court will have to decide whether to keep the case or send it back.
You can read the court documents by clicking here.
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