The State Worker

Chronicling civil-service life for California state workers

December 17, 2009
CCPOA wins Alameda lawsuit; read the court document

Alameda Superior Court Judge Frank Roesch has ruled in favor of California Correctional Peace Officers Association in its furlough lawsuit against Gov. Arnold Schwarzenegger. The court's Register of Actions, pictured below, has just six words that tease the judge's ruling: "Petition for Writ of Mandate Granted."

CCPOA argued that Gov. Arnold Schwarzenegger's order for "self directed" furloughs of prison staff and other state workers at 24/7 facilities violated labor law that stipulates compensation must be paid within a given pay cycle. The union maintained the policy was illegal because workers under self-directed furloughs may lose their pay but not take the time off for weeks, months or years. The deadline for redeeming furlough time is June 2012.

The law also requires payment rendered in cash, but any unredeemed furlough time will not have cash value. CCPOA said that was illegal, too.

Schwarzenegger's attorneys countered that state workers were making up the time quickly and expected no one would have time left on the books by the 2012 deadline.

The case was argued in Roesch's court on Nov. 16 along with three others that attacked furloughs for other reasons. The court hasn't yet issued a decision in any of those cases.

We're working on updates and a story for tomorrow. Meanwhile, you can read the decision by clicking here.

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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 jortiz@sacbee.com.

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