California State Employees' Ass'n v. State Personnel Board

Good Law
1995 Cal. App. LEXIS 1278·41 Cal. App. 4th 793·48 Cal. Rptr. 2d 754·96 Daily Journal DAR 141·96 Cal. Daily Op. Serv. 110
Court of Appeal of CaliforniaDecember 28, 1995No. C019502California851 words

Opinion

Lead Opinion

Morrison, J.

We have previously construed “pay rates,” as that term is used in the Government Code, to mean “wages.” (California State Employees' Assn. v. State Personnel Bd. (1986) 178 Cal.App.3d 372, 377, 381-382 [ 223 Cal.Rptr. 826 ].) In this case the trial court followed that definition and overturned a decision by the State Personnel Board (Board) which departed from that definition. We shall affirm.

The California State Employees’ Association obtained a writ commanding the Board to reconsider its decision to permit the use of contract janitors at a particular state facility.

*795 The operative facts are not in dispute. A state agency entered into a contract with real party in interest Toolworks, Inc. (Toolworks), a nonprofit corporation “operating rehabilitation facilities for persons with disabilities. One of [its] goals is to place persons with disabilities into competitive employment.” “Although the employees . . . would work at reduced salaries, the employees would also work at speeds 50% slower than State janitors.”

Generally, the state’s work must be performed by state workers. (California State Employees' Assn. v. State of California (1988) 199 Cal.App.3d 840, 844 […

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