Temporary restraining order blocks all furloughs
Late yesterday, Local 1000's legal team won a temporary restraining order (TRO) blocking all furloughs for Local 1000-represented employees, regardless of funding source.Alameda Superior Court Judge Steven Brick ruled that there are "serious questions" about the legality of the furloughs and that permitting them to be implemented before a scheduled Sept. 13 court hearing could cause irreparable harm to state employees.
"I'm happy that the court recognized the tremendous hardship the governor's furlough orders have caused not just for state employees, but for our communities as well," said Local 1000 President Yvonne Walker.
In his ruling, Judge Brick wrote that the furloughs have depleted state employees' savings, hurt their credit, brought foreclosures and have even threatened many families' ability to afford food and medicine.
Felix De La Torre--Local 1000's lead attorney on the case--added, "Judge Brick was not convinced that furloughing of these employees was going to do anything to address the $19 billion deficit that was used to justify the furloughs."
Gov. Schwarzenegger's spokesman said the administration would ask an appellate court for an emergency stay of the decision. If granted, furloughs may begin Friday.
Judge Brick's TRO pertains only to Gov. Schwarzenegger's new furlough order. On Sept. 8, the California Supreme Court will hear oral arguments on Local 1000's lawsuit challenging the governor's 2009 furlough order. In that suit, our attorneys are asking the court to rule that the governor does not have the power to furlough state employees and asks the court to award back pay with interest.
In his ruling, Judge Brick wrote that the furloughs have depleted state employees' savings, hurt their credit, brought foreclosures and have even threatened many families' ability to afford food and medicine.
Felix De La Torre--Local 1000's lead attorney on the case--added, "Judge Brick was not convinced that furloughing of these employees was going to do anything to address the $19 billion deficit that was used to justify the furloughs."
Gov. Schwarzenegger's spokesman said the administration would ask an appellate court for an emergency stay of the decision. If granted, furloughs may begin Friday.
Judge Brick's TRO pertains only to Gov. Schwarzenegger's new furlough order. On Sept. 8, the California Supreme Court will hear oral arguments on Local 1000's lawsuit challenging the governor's 2009 furlough order. In that suit, our attorneys are asking the court to rule that the governor does not have the power to furlough state employees and asks the court to award back pay with interest.
