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3/24/2010 11:01 AM
Alameda Superior Court Judge Frank Roesch issued a tentative ruling this morning partially lifting the stay on the governor’s furlough order. The move will immediately end the furlough for tens of thousands of state workers in "special fund" departments. The judge stated he expects state workers to be at work on the next furlough Friday, April 2. The stay on reimbursing back pay has not been lifted. The lawsuit was filed by SEIU Local 1000, which represents rank-and-file state workers. ACSS Chief Counsel Rocco Paternoster is researching to determine if this order includes exempt employees.
The judge’s ruling stated in part that “Petitioners are granted relief from the automatic stay with respect to the prospective remedy that Respondents cease and desist from further implementation of furloughs under the Governor’s Executive Orders.”
In supporting his ruling, the judge wrote “that a 15% loss of pay establishes irreparable harm to the employees represented by Petitioner SEIU” and that “likewise … irreparable harm will occur to California’s taxpayers.”
Read the judge's order at the State Worker blog here.