SERVICE EMPLOYEES INTERNAT. UNION, LOCAL 1000 v. Schwarzenegger

California Court of Appeal Jun 11, 2010 No. A126525Published

Before: Richman

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Holding. The court affirmed the judgment granting a writ of mandate and permanent injunction against mandatory furloughs for State Fund employees, holding that the trial court properly ordered backpay as an ancillary remedy for the unlawful salary reductions.

Issues

Whether the trial court erred in its application of the doctrine of exclusive concurrent jurisdiction.
Whether the trial court correctly interpreted Insurance Code section 11873 regarding the Governor's authority to mandate furloughs for State Fund employees.
Whether the trial court's award of backpay was procedurally and substantively proper.

Disposition. affirmed

Quotations verified verbatim against the opinion

“this court and others have recognized that ensuring payment of unpaid or wrongfully withheld salary to public employees is a legitimate function of the writ of mandate”

“Judge Woolard was deciding the legal issue of the entitlement of a group of public employees not to have existing rates of pay reduced, not an individualized accounting of dollars and cents owed for a breach of contract.”

186 Cal.App.4th 747 (2010) 112 Cal. Rptr. 3d 52 SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1000 et al., Plaintiffs and Respondents,

ARNOLD SCHWARZENEGGER, as Governor, etc., et al., Defendants, Cross-defendants and Appellants;

JOHN CHIANG, as Controller, etc., Defendant, Cross-defendant and Respondent;

JANET FRANK, Defendant, Cross-complainant and Respondent.

No. A126525. Court of Appeals of California, First District, Division Two.

June 11, 2010. CERTIFIED FOR PARTIAL PUBLICATION[*] [748] Kronick, Moskovitz, Tiedemann & Girard, David W. Tyra, Kristianne T. Seargeant, Meredith H. Packer, K. William Curtis, Warren C. Stracener, Linda A. Mayhew and Will M. Yamada for Defendants, Cross-defendants and Appellants.

Paul Harris, J. Felix De La Torre and Monica Ahuja for Plaintiffs and Respondents.

Edmund G. Brown, Jr., Attorney General, Jonathan K. Renner, Assistant Attorney General, Zackery P. Morazzini and Ross C. Moody, Deputy Attorneys General, for Defendant, Cross-defendant and Respondent.

Manatt, Phelps & Phillips, Ronald B. Turovsky and Becky S. Walker for Defendant, Cross-complainant and Respondent.

[749] OPINION

RICHMAN, J.

This litigation was initiated by the Service Employees International Union, Local 1000 (SEIU), and a number of SEIU members on behalf of nine bargaining units of employees of the State Compensation Insurance Fund (State Fund) against the Governor and the Director of the Department of Personnel Administration (Director). The object of the litigation was to halt the mandatory imposition of furlough on State Fund employees for two days per month in accordance with the Governor's Executive Order S-16-08. Janet Frank, the president of the State Fund, was originally named as a defendant by SEIU, but she subsequently filed a cross-complaint for the same relief as against the Governor's Executive Order S-13-09, which mandated a third furlough day per month.[1]

SERVICE EMPLOYEES INTERNAT. UNION, LOCAL 1000 v. Schwarzenegger

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