Judge: California must give back pay to some furloughed workers

Jason Kobely

SACRAMENTO, CA - Alameda County Superior Court Judge Frank Roesch on Thursday ordered more than 50,000 state workers be paid back wages for days they were furloughed by Governor Arnold Schwarzenegger.

Under the decision, Roesch said California must "immediately pay all employees of respondent department and agencies their full salary" as well as stop any future furlough plans against the members of SEIU Local 1000.

The ruling would restore millions of dollars in pay to SEIU workers staffing who work in nearly 70 departments not supported by the state's general fund.

"We've said all along that the furloughs made no sense and hopefully, the Governor will finally stop this," said Yvonne Walker, President of SEIU Local 1000, which represents about 53,000 workers who would be affected by the order.

A spokesman for Schwarzenegger said the administration would immediately appeal the order.

"The furloughs are still in place until the State Supreme Court says otherwise and we don't think they will," said Aaron McLear.

McLear accused the unions of "judge shopping." "They've been going across the state and filing the same lawsuits in a number of different liberal courthouses to make sure that they got the ruling that they like," McLear said.

Walker denied the claim. "Are there liberal judges? I just thought there were judges that decided on the facts of law. And apparently, this judge did and he decided right," she said.

State worker Judy Louie said she had her fingers crossed that the State Supreme Court will eventually rule with the union.

"My one daughter is in community college and she wants to go on to a four year college, so that would help out a lot when I could save that money for her education." Louie said.

McLear said the administration wants to consolidate nearly 30 separate lawsuits filed over the job furloughs and move them quickly to the State Supreme Court. That has not happened so far and McLear said it could be months before a final ruling is reached.

The judge also ordered an end to the three furlough days a month workers are required to take.

If the order for back pay is upheld, it could cost the state millions of dollars the administration expected to save through furloughs.

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