Judge: Back pay for furloughed workers

Ruling affects 50,000+ non-General Fund employees

Updated Feb. 26, 2010
An Alameda County judge ordered back pay and an immediate end to furloughs for about 53,000 Local 1000-represented workers whose salaries are drawn from sources outside the state’s General Fund.

In his Feb. 25 order Judge Frank Roesch told the state to "immediately pay all employees of respondent departments and agencies their full salary without any reductions … and cease and desist the furlough of such employees."

“Local 1000 attorneys are asking the court to apply the decision immediately and block any stay, in part because of the hardship furloughs have caused to our members and their families,” said Local 1000 President Yvonne Walker. Gov. Schwarzenegger’s attorneys are expected to appeal the decision and seek a stay. 

“The judge’s decision has validated our longtime position that unilaterally imposed furloughs are illegal,” Walker said Thursday. “If the governor had done what he should have done, and ratified our contract this could have all been avoided.”

Local 1000 has four other lawsuits at various stages of litigation; three of these ask the court to end furloughs for all state employees, including those in General Fund departments and agencies. The fourth case has already resulted in an end to furloughs and back pay for more than 6,000 Local 1000-represented employees of the State Compensation Insurance Fund.

Judge Roesch’s decision affects workers in 68 state departments, including those not represented by Local 1000. The list of agencies ranges from larger departments such as DMV, Caltrans, CalPERS, CalSTRS, Employment Development Department and the Department of Consumer Affairs to smaller departments such as the Department of Toxic Substance Control and California First Five. View the full list of affected agencies here.

On Dec. 31, Roesch issued a preliminary ruling that the furloughs were illegal for employees of non-General Fund agencies. Local 1000 attorneys asked Roesch to expand the ruling to include General Fund workers represented by Local 1000 as well.

Roesch conceded that the “logic” also leads to the conclusion that “furloughs are likewise unlawful at agencies funded by General Fund funds.” But the judge declined to include additional agencies and departments in his judgment.
 “We will continue to press aggressively in the courts until illegal furloughs are stopped for all the workers we represent,” Walker said. “We have won a big victory but the fight is far from over.”

Watch the Channel 1000 LIVE coverage as news broke on Thurs., Feb. 25 >>