CAPS Holiday Lawsuit Victory
September 30, 2010
CAPS was
notified on September 30 that Sacramento Superior Court Judge Tim
Frawley GRANTED the CAPS petition challenging Governor
Schwarzenegger’s unlawful taking of the Columbus and Lincoln’s birthday
holidays from state scientists. CAPS is in contact with lawyers
for Governor Schwarzenegger on whether he intends to appeal the
decision.
In the meantime, it appears that for Unit 10 state scientists (and other
selected bargaining units), Columbus Day and Lincoln’s birthday are
STILL state holidays (and always were)! Columbus Day is October
11, so this decision is quite timely. It does not necessarily mean
that this holiday may be taken as a day off. That depends on
whether the Governor appeals, and other considerations CAPS’ lawyers are
working on.
Basically, CAPS argued that the Governor unilaterally cancelled these
holidays and ignored his obligations to comply with state collective
bargaining law. Judge Frawley agreed, and ordered the state to pay
state scientists for lost past holidays, and to comply with the current
MOU, which still includes these two holidays.
Read Judge Frawley’s decision here.
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The Governor ordered state employees to report to work on Columbus Day, October 12, historically a state holiday. Last February, Governor Schwarzenegger, with the cooperation of the state legislature, passed legislation at the 11th hour which eliminated both Columbus Day and Lincoln's Birthday from the list of 14 state holidays. This action conflicts with state law which continues certain provisions of an expired MOU, including holidays. CAPS, like several other state unions, have filed a variety of actions disputing loss of Columbus Day absent a negotiated agreement. The CAPS lawsuit was filed in Sacramento Superior Court, will be heard in the coming weeks, and can be viewed here: