Brown
California Ass'n of Professional Scientists v. Brown
Opinion
Opinion
Blease, J.
The issue in this case is whether members of certain state bargaining units are entitled to two paid holidays—Lincoln’s Birthday and Columbus Day—which were removed from the list of paid holidays by Government Code section 19853, operative February 20, 2009, in response to a fiscal emergency. Section 19853 further provides that a conflicting memorandum of understanding (MOU) executed on or after February 20, 2009, would be controlling. (§ 19853, subd. (g).) The employee organizations that represent members of the affected bargaining units argue that the bargaining units’ expired MOU’s, which remained in effect by operation of law under the Ralph C. Dills Act (§§ 3512-3524; hereafter Dills Act), supersede section 19853 by virtue of section 3517.6. (§ 3517.8, subd. (a).) We disagree. Section 19853 supersedes the expired MOU’s because it is a later enactment, and the MOU’s were not executed on or after February 20, 2009. Accordingly, we shall reverse the judgments entered in favor of the employee organizations and remand the cases to the trial court with directions.