1. Legal action update

2. Constitutionality of furloughs challenged
Filed in Sacramento Superior Court
Furloughs violate state constitution and various California statutes
Case is currently before the state Court of Appeal
Parties are filing briefs in case; decision is expected after first of the year

3. Furloughs violates state Administrative Procedures Act
Judge agreed with our attorneys and denied Schwarzenegger’s attorneys’ motion to dismiss case
Local 1000 requests state to provide relevant documents
Document production process continues into 2010

4. Furloughs overturned for SCIF employees
Ruling: Furloughs are unlawful as applied to SCIF employees
Judge agreed with our attorneys that furloughs violated CA insurance code
Sept. 10—furloughs ceased for 6,200 SCIF employees
Though SCIF has already provided nearly all the back pay to members, Schwarzenegger’s attorneys have appealed the decision

5. Non-General Fund should be exempt from furloughs
Filed in Alameda Superior Court
Challenges furloughs of more than 20,000 employees whose salaries are not paid out of the General Fund, (Caltrans, CalPERS, DMV and EDD)
Measure cannot legally be applied to workers whose salaries are paid from other revenue streams
Briefs are being filed; hearing scheduled for Nov. 16

6. 3rd furlough day violates Emergency Services Act (ESA)
Filed in San Francisco Superior Court in August
Our attorneys argue that state’s fiscal crisis was not an emergency and governor’s actions were political expediency related to a labor dispute for which the ESA cannot be used
Fiscal emergency no longer exists
Suit targets 3rd furlough day
State answers this complaint; document production process will start in near future

7. Unfair Labor Practice filed against governor
Governor’s double dealing is key reason our contract bill has not been ratified by Legislature
Aug. 11 filing with (PERB) cited the repeated violations of Dills Act
PERB has yet to issue either a warning letter or a complaint