Category: California PERB Blog

Professional Engineers in California Govt. v. Schwarzenegger (Supreme Court Case No. S183411)The Supreme Court ruled today that the furloughs ordered by the Governor are legal. The Court's conclusion was:Although, for the reasons discussed above, we disagree with much of the trial court?s reasoning, in light of the legislative measures enacted after the trial court?s ruling we conclude that plaintiffs are not entitled to the relief sought in this litigation. Accordingly, the judgment rendered by the trial court, denying the relief sought in these mandate proceedings, is affirmed.I'll have more once I've had a chance to thoroughly read the decision.

As I posted earlier (link), only 2 of the 6 bills that comprised the Legislature’s response to the City of Bell salary scandal passed the Legislature. Those two bills were AB 194 and AB 827. On September 30, the Governor vetoed both bills with the following veto messages:AB 194 Veto Message:To the Members of the California State Assembly:I am returning Assembly Bill 194 without my signature.  The bill limits the salary that retirement benefits are based on for individuals, prospectively after January 1, 2011, to 125% of the Governor’s salary, as specified.  The current compensation limit imposed by the federal government…

State of California (Department of Personnel Administration) (2010) PERB Dec. No. 2130-S (Issued on 9/20/10)The State of California (State) and the California Correctional Peace Officers Association (CCPOA) were parties to a memorandum of understanding (MOU) with a term of July 1, 2001 through July 2, 2006. Negotiations for a successor MOU reached an impasse in May 2007. Mediation was unsuccessful and in September 2007 the State notified CCPOA that it was implementing its last, best, final offer (LBFO) pursuant to Government Code 3517.8.CCPOA then filed this unfair practice charge alleging, among other allegations, that the State unlawfully imposed its LBFO…

Would you like to learn more about practicing before PERB?  Here's your chance!  The Labor & Employment Law Section of the State Bar of California, with the participation of the California Public Employee Relations Program (CPER) and PERB, is sponsoring a seminar on "The Basics of Practicing Before PERB." The seminar will be held on October 12, 2010, at the Sheraton Grand in Sacramento from 9:00 am. to 12:00 pm.  The cost is only $45 for members of the Labor & Employment Law Section and $60 for everyone else.  In 2006 and 2007, PERB sponsored similar seminars that completely sold out.  So if you…

As has widely been reported, the California Supreme Court yesterday heard arguments in Professional Engineers in California Government et al. v. Schwarzenegger (Case No. S183411). The issue before the Court is whether the Governor legally imposed furloughs on state employees. This was one of the rare cases that the Court televised so I was able to watch the arguments. (To watch the arguments, click on this link).  Here are my thoughts:Does the Governor Have the Inherent Power to Furlough?The Governor’s attorney argued that the Governor has the inherent authority to unilaterally furlough employees during a fiscal emergency. The unions’ attorneys argued that…