The State Worker

Chronicling civil-service life for California state workers

June 5, 2009
UPDATED: State Fund final ruling handed down

San Francisco Superior Court Judge Peter Busch has handed down his final judgment in the lawsuit brought by the state attorneys union against the government for wrongly furloughing members who work for the State Compensation Insurance Fund.

California Attorneys, Administrative Law Judges and Hearing Officers in State Employment and three SCIF employee won their case against Gov. Arnold Schwarzenegger, DPA Director Dave Gilb, Controller John Chiang and State Fund President Jan Frank based on law that excludes fund employees from state job reductions.

The order's release now frees the Controller's Office to recalculate pay for the 500 or so employees the decision directly impacts.

It's not clear what this means for State Fund's other unionized workers. Most are employees covered by SEIU Local 1000. Yvonne Walker, the local's president, has criticized the attorneys for bringing the lawsuit. The local is fighting to get a contract through the Legislature than includes furloughs for its 95,000 members -- including those who work for State Fund.

Busch's order stipulates,

That a preliminary and permanent injunction is hereby issued directing the Governor, DPA, Jan Frank as President of State Fund, and the Controller to cease and disist taking any action to furlough petitioners by reducing their hours and reducing their pay under the aforementioned unlawful executive order.

We received the order from CASE this morning after the union alerted members this week to a fraudulent order making the e-mail rounds.

Click here to read the 3-page PDF.

UPDATE June 8, 8 a.m.: We've received Busch's Writ of Mandate, which lays out the reasoning behind his order. Click here to see it.

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About The State Worker

Jon Ortiz The Author

Jon Ortiz launched The State Worker blog and a companion column in 2008 to cover state government from the perspective of California government employees. Every day he filters the news through a single question: "What does this mean for state workers?" Join Ortiz for updates and debate on state pay, benefits, pensions, contracts and jobs. Contact him at (916) 321-1043 and at


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