Judge Rules in Favor of UAPD in Furlough Lawsuit

Governor's Message on Furloughs: Over, for Now

Department of Personnel Administration Director Debbie Endsley sent a memo saying:

"With respect to furloughs, the current program ends June 30, and the Administration expects the State to resume normal hours of operation in July. The Governor's budget proposal includes four proposals to reduce employee compensation costs: a wage cut, one day per month of unpaid leave, increased employee contributions to pensions, and the workforce cap. The Governor retains the right and authority to order furloughs if necessary to address a fiscal and cash crisis."

The fight over furloughs has not ended, however, as UAPD and other unions continue a legal battle to accomplish two aims: 1) win back pay for the salary lost due to furloughs, and 2) clarify the law to make it impossible for Schwarzenegger or another governor to resort to furloughs in the future.

Furlough Fight Continues

In late May, the state Supreme Court granted Governor Arnold Schwarzenegger’s request to hear one of the appeals he filed in response to a series of decisions made earlier this year; specifically the Supreme Court will review a Superior Court judge’s decision regarding the furloughing of 500 state attorneys. That decision said that furloughing attorneys paid from sources other than the state fund was illegal; the same Superior Court judge handed down the same decision in a similar case filed by UAPD. The Supreme Court’s decision to hear Schwarzenegger’s appeal of the attorney case is important, as it could ultimately determine the legality of furloughs for all state employees, including doctors paid from non-state fund sources and those paid from the state fund. At stake now is the issue of back-pay, as unions including UAPD are fighting to have state employees reimbursed for the money lost to furloughs.

Schwarzenegger's Stay Granted -- Furloughs Still In Effect April 2nd

Despite mounting evidence that his furlough plan has failed, Schwarzenegger continues to pour state money into legal challenges to delay their inevitable end. Following last week's rulings in favor of UAPD and other unions, the Schwarzenegger administration filed three more appeals on Monday. Today Schwarzenegger was granted a temporary stay on Judge Roesch's latest order, the one slated to end furloughs for special fund positions by the end of this week. In other words, because of Schwarzenegger's appeals, this Friday there are still furloughs for all state workers.

Read Sacramento Bee coverage of the appeal HERE.

While we are outraged at the Governor's latest delay tactic, we believe the law is on the side of the State workers, and in time our case will prevail. UAPD attorneys are already at work on arguments that this latest stay should be reversed and doctors allowed to work their full schedules. We expect to have more news next week about whether our opposition succeeds.

Third Lawsuit Victory for UAPD

Alameda Superior Court Judge Frank Roesch has again sided with UAPD, this morning (March 24) issuing a tentative ruling that orders the State to allow all workers paid from special funds to return to their regular work schedules next month. In its original motion, UAPD listed the Department of Social Services (DSS), the Department of Public Health (DPH), the Department of Health Care Services (DHCS), and Medical Board of California as examples of agencies where a substantial portion of funding comes from federal or special funds. Judge Roesch is expected to release his final ruling by day's end, when it will be reviewed by UAPD attorneys to evaluate its impact on our members.

This is the third time Judge Roesch has ruled against furloughs; so far appeals filed by the Schwarzenegger administration have prevented the implementation of his orders. Today's tentative ruling removes the stay on his order to end furloughs, but not the stay on his order to pay backpay. In other words, as a result of this ruling, furloughs will end immediately for special fund workers, but backpay will not be distributed while the case is under appeal. All of this must be confirmed by UAPD attorneys once the final ruling is issued. Also, we do not know whether Schwarzenegger will try to file for an additional stay on this ruling -- the DPA is reportedly considering its options.

Read Sacramento Bee Article Here

This latest ruling comes out of a lawsuit filed last year by UAPD, which challenged furloughs as beyond the Governor’s authority with respect to agencies funded by federal funds and special funds, including licensing fees. On December 31, 2009 Judge Frank Roesch issued rulings in favor of UAPD, ordering the state to end furloughs for doctors in the above-mentioned agencies. The State stalled implementation of that order by filing an appeal. On February 25th, 2010 Judge Frank Roesch ruled in favor of UAPD in our case requesting back pay for furloughed state workers who are paid from sources other than the State's general fund. Again, the state stalled implementation with an appeal.

Another Furlough Lawsuit Victory

UAPD Furlough Backpay Press Release.pdf

On Thursday February 25th, Judge Frank Roesch ruled in favor of UAPD in our case requesting back pay for furloughed state workers who are paid from sources other than the State's general fund. Judge Roesch delivered the same ruling in multiple cases filed by several unions, making the decision a significant blow to Governor Schwarzenegger's furlough plan.

The Schwarzenegger administration has declared its intention to file an appeal on these most recent rulings before Monday. That appeal will trigger a "stay" that prevents the State Controller's office from writing the backpay checks that the Judge has ordered. If and when Schwarzenegger files his appeal, UAPD intends to file its own arguments that the "stay" should be lifted and that the Controller be freed to act on the Judge's order while the appeal is being considered.

This latest ruling comes out of a lawsuit filed last year by UAPD, which challenged furloughs as beyond the Governor’s authority with respect to agencies funded by federal funds and special funds, including licensing fees. In its original motion, UAPD listed the Department of Social Services (DSS), the Department of Public Health (DPH), the Department of Health Care Services (DHCS), and Medical Board of California as examples of agencies where a substantial portion of funding comes from federal or special funds. On the final day of 2009 Alameda Superior Court Judge Frank Roesch issued rulings in favor of UAPD, ordering the state to end furloughs for doctors in the above-mentioned agencies. Yesterday's ruling was the first time Judge Roesch indicated that these employees are also entitled to backpay for time lost to furloughs.

This is an important legal victory, not only for those doctors named in the ruling, but for all furloughed workers, as it pokes more holes in Schwarzenegger's already sinking policy. UAPD leadership and our legal team will continue to pursue every legal avenue to protect our members, and will keep members updated as more information becomes available.

UAPD Wins Furlough Lawsuit -- Schwarzenegger Vows Appeal

On the final day of 2009 Alameda Superior Court Judge Frank Roesch issued rulings in favor of three more public sector unions, including UAPD, which filed lawsuits against Governor Schwarzenegger's furloughs.    The rulings serve as an important first step in turning the tide against furloughs.

Earlier in 2009 UAPD filed a lawsuit that challenged furloughs as beyond the Governor’s authority and irrational with respect to agencies funded by federal funds and special funds, including licensing fees. In its original motion, UAPD listed the Department of Social Services (DSS), the Department of Public Health (DPH), the Department of Health Care Services (DHCS), and Medical Board of California as examples of agencies where a substantial portion of funding comes from federal or special funds.

The Court found that furloughs which do not save the State money in its general fund served no legitimate governmental purpose, and held that the statutory authority to cut work hours claimed by the Governor required a consideration of each agency’s own specific needs, rather than an across-the-board order.   In his ruling Judge Roesch ordered that Schwarzenegger "cease and desist the furlough of UAPD-represented employees."   The court has yet to define which UAPD-represented employees are covered by the decision, but will likely limit its decision to those doctors working for agencies substantially funded by federal or special funds.

Schwarzenegger's representatives have expressed their intention to appeal the decision, and argue that their appeal would prevent the Court’s order to end furloughs from going into immediate effect .   UAPD will vigorously resist that outcome. If the State makes good on its threat to appeal, triggering a “stay pending appeal” in the judge’s order to end furloughs, UAPD plans to file a motion to declare the judge’s order immune from stay, based on the harm being suffered by furloughed doctors and the patients they serve. To do so, UAPD must collect declarations from DSS, DPH, DHCS, and Medical Board doctors giving specific examples of harm caused by furloughs. Doctors with such examples should contact UAPD immediately.

While an important victory that serves as a foot in the door for all doctors, the Court’s decision did not deal with departments who rely primarily on the State’s general fund for money. Nor did it address with the important issue of backpay for time lost to furloughs. The UAPD legal team is actively developing legal strategies to address these issues. Two other judges have held that general fund agencies may be furloughed, and the Sacramento Court of Appeals will likely render a decision on the matter soon. A favorable decision in December, in which Judge Roesch declared illegal the self-directed furloughs of CCPOA officers working in 24/7 CDCR facilities, does not automatically extend to UAPD’s CDCR or 24/7 workers. UAPD lawyers are still considering whether there is a way to apply the logic of the decision regarding corrections officers to UAPD doctors, despite significant differences between the two groups. UAPD already has two PERB charges pending against the furloughing of doctors in all state agencies.

In summary, members can rest assured that UAPD leadership and our legal team are aggressively pursuing every legal avenue in the fight against furloughs. While we can take a moment to enjoy our first victory, the battle continues.

12-31-09 Ruling by Superior Court Judge Frank Roesch