Schwarzenegger

In 2004, the Legislature passed, and the Governor signed, a bill creating an alternate retirement program that applies to certain new state employees during their first two years of employment. In this mandamus action, the California Association of Professional Scientists (CAPS) challenged the law as it applies to new employees in the bargaining unit that CAPS represents (bargaining unit 10), contending the law impermissibly impairs the pension rights of those employees as secured by the collective bargaining agreement between CAPS and the state.

The trial court concluded the operative provision in the collective bargaining agreement was merely a statement of existing law, not a bargained-for provision, and in any event there was no impairment of vested contractual pension rights. Accordingly, the trial court denied CAPS’s mandamus petition. CAPS challenges that ruling on appeal.

While the case was under submission to the trial court, the Public Employment Relations Board (the Board) sought to intervene, claiming it had exclusive jurisdiction over the matter. The trial court denied the Board’s application, and the Board challenges that ruling on appeal.

We conclude the…