Gov. Jerry Brown has decided to appeal a trial court's decision that the state wrongly furloughed thousands of state workers and owes them millions of dollars in back pay.
Attorney David Tyra filed the Notice of Appeal of Professional Engineers in California Government v. Brown on Monday on behalf of Brown and the state Department of Human Resources. Controller John Chiang who also was named as a defendant in the lawsuit, is not a party in the appeal.
The appeal freezes the trial court's order to pay state engineers $10 million and another $2 million to state scientists.
The Brown administration is fighting a June ruling by Alameda Superior Court Judge Steven Brick that ordered back pay for a combined 13,000 members of PECG and the California Association of Professional Scientists. The back wages cover two days worth of excessive furloughs for most of the affected workers, although about 250 of the unions' members are in line to get pay for all their lost wages -- up to 70 days -- because the court ruled they shouldn't have been furloughed at all.
CAPS President David Miller reacted to news of Brown's appeal in an email to The State Worker: "We were hoping to put an end to this Schwarzenegger era furlough litigation. After all, Superior Court Judge Steven Brick ruled for us after carefully evaluating the evidence. We think the Court of Appeal will find the last round of unpaid furloughs just as legally flawed as Judge Brick did."
Here's the notice: