Prof'l Eng'rs in CA Gov't v. Brown
Annotate this CaseIn 2008-2010, then-governor Schwarzenegger issued executive orders requiring the unpaid furloughs of most state employees. In 2010, the Legislature passed the budget for the 2010-2011 fiscal year, authorizing “reductions in employee compensation achieved through the collective bargaining process or through administrative actions for represented employees and a proportionate reduction for nonrepresented employees (utilizing existing authority of the administration to adjust compensation for nonrepresented employees).” The Governor then issued Executive Order No. S-15-10, applicable to most nonunion state employees, including supervisory and other exempt employees represented by PECG and CAPS, reducing their net compensation by imposing a one-day per month personal leave program. Between EO S-15-10 and the three-day-furlough previously in effect, nonunionized employees’ net compensation for 2010-2011 was reduced by 8.5 percent, equivalent to the 8.5 percent total reduction to the net compensation of employees in state bargaining units represented by SEIU. Union employees represented by CAPS and PECG, however were furloughed for three days each month throughout 2010 and into 2011 and incurred an 8.5 percent reduction in net compensation after their first furlough day in March 2011 but were subjected to two more furlough days. The trial court invalidated mandatory furloughs for employees represented by PECG and the CAPS. The appeals court affirmed.
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