San Diego Court Employees Assn. v. San Diego County Superior Court CA4/1

I.

BACKGROUND

The Association represents employees in three bargaining units in their relations

with the Superior Court pursuant to the Trial Court Employment Protection and

Governance Act (Gov. Code, § 71600 et seq.). In August 2011, the Association and the

Superior Court executed a memorandum of agreement (the Memorandum), a

comprehensive agreement governing wages, hours, and other terms and conditions of

employment.

Article 13 of the Memorandum defines the procedures to be followed in the event

of a layoff. Under that provision, the executive officer may determine a reduction in

work force is necessary due to a lack of funds, among other reasons. In that event, the

executive officer "may establish a layoff list by classification/position within a program

or function of the Court," and employees "shall be laid off on the basis of a seniority

rating of the employees in the class of layoff, lowest rating first." The seniority of

employees hired before June 24, 2005, was based only on their length of continuous

service with the Superior Court and the San Diego County Municipal Court. The

2 seniority of employees hired on or after June 24, 2005, was based on their…