CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSN. v. State of California

We are asked to determine whether, in the absence of a collective bargaining agreement, Government Code section 19851 mandates the payment of overtime compensation to correctional peace officers who work more than eight hours per day or 40 hours per week. The trial court held that it does not. We agree and affirm the judgment.

I. Background

Section 19851 generally provides that, unless state employees are subject to a contrary memorandum of understanding (MOU), “It is the policy of the state that the workweek of the state employee shall be 40 hours, and the workday of state employees eight hours, except that workweeks and workdays of a different number of hours may be established in order to meet the varying needs of the different state agencies. It is the policy of the state to avoid the necessity for overtime work whenever possible. This policy does not restrict the extension of regular working-hour schedules on an overtime basis in those activities and agencies where it is necessary to carry on the state business properly during a manpower shortage.” (§ 19851, subd. (a).)

Plaintiff/appellant California Correctional Peace Officers Association (CCPOA) is the exclusive…