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Thursday, December 7, 2023
Courthouse News Service
Thursday, December 7, 2023 | Back issues
Courthouse News Service Courthouse News Service

Union Effort To Overturn Calif. Furloughs Fails

(CN) - California doctors and dentists failed in their attempt to overturn a two-day-per-month furlough program for state employees instituted by then-Gov. Arnold Schwarzenegger.

The Union of American Physicians and Dentists sought a court order to dump the program, which Schwarzenegger instituted in December 2008.

The trial court granted the order, but current Gov. Jerry Brown appealed. The San Francisco-based First District California Court of Appeals agreed with Brown that the lower court interpreted the law incorrectly.

Justice Barbara Jones cited a California Supreme Court decision in Professional Engineers in California Government v. Schwarzenegger (2010), which ruled that a similar two-day furlough program was valid.

"Our Supreme Court ruled in Professional Engineers that on Dec. 19, 2008, the Governor lacked the power unilaterally to furlough state employees. However, the court also ruled that when the Legislature passed the revised 2008 Budget Act on Feb. 19, 2009, it ratified the two-day a month furlough program that was then in place," Jones wrote.

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