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Union Political News Report - Monday, September 7 2009
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On Friday, California state Senate Pro-Tempore, Darrell Steinberg, D-Sacramento, released an open letter to Republican governor Arnold Schwarzenegger asking for an agreement to rescind one furlough day per month in exchange for commensurate across-the-board cuts in the state bureaucracy. The budget neutral move would only require a majority-vote in the state legislature. The letter highlights various reasons for the request, including revenue losses due to employee cutbacks and the liability to state government if the furloughs are overturned by court action. But, with the close of session fast approaching, some argue the letter is akin to a publicity stunt - if Democratic leaders were truly game they would place holds on select bills the governor backs.
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SEIU 1000, PECG, CAPS, and CASE have all submitted legal briefs with the California Third Circuit Court of Appeals for case # C061648. The Unions are seeking to overturn a lower court ruling which sanctioned executive based furloughs. Last January, a Superior Court Judge ruled Republican governor Arnold Schwarzenegger had the authority to unilaterally impose furloughs under the rubric of a declared fiscal emergency. In their respective briefs, the Unions argue that contracts, statutes, and labor codes specifically prescribe 40 hour work weeks for state workers which may not be altered without prior legislative act(s). Furthermore, the Unions allege the governor contrived to perpetuate a political crisis with the intent to declare a fiscal emergency - and to impose an extended furlough regime.
There is no dispute between the parties on the continuity of Memorandum of Understanding (MOU) clauses for expired labor contracts. The issue for the appeals court is whether the executive has the authority to unilaterally alter the hours and wages of state workers as a matter of policy - the initial trial court deliberately avoided that question.
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On Thursday, a Rhode Island Supreme Court Justice stayed Republican governor Donald Carceiri's plan to shutdown the state government one Friday per month beginning September 4. Justice Maureen McKenna Goldberg ordered the delay, at the behest of public employee unions, until the full Rhode Island Supreme Court could hear the case on September 11. The governor has sinced moved forward with layoff plans targeting up to 1,000 employees while simultaneously negotiating with the Unions for a mutually agreeable alternative furlough program. The Rhode Island ruling follows a similar case in Hawaii, where a circuit judge ruled Republican governor Linda Lingle could not implement furloughs outside the collective bargaining process. The Lingle Administration has since begun implementing layoff orders while awaiting an arbitration ruling on a dispute with the state's largest public employee union.
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State and local governments across the nation have successfully negotiated furlough programs with public employee unions in exchange for layoff protections. Chronic structural deficits at state and local levels are the impetus. Unlike the national government, state and local governments have to meet balanced budget requirements - notwithstanding the budget gimmickry most employ to allude the standard. Nonetheless, with legislators loathed to raising taxes to balance state coffers, many expect negotiated furlough programs and periodic shutdowns to increase throughout the public sector.
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