Brown
Service Employees International Union v. Brown
Opinion
Lead Opinion
Richman, J.
This is an appeal by the Governor, the Director of the Department of Personnel Administration (DPA), and dozens of state government entities (collectively, the Governor) from a judgment of the Alameda Superior Court issuing a writ of mandate as petitioned by Local 1000 of the Service Employees International Union (SEIU) on behalf of approximately 95,000 members employed by the State of California. The gist of the judgment was that the Governor’s 2008 and 2009 Executive Orders instituting three mandatory monthly furlough days for state employees were declared *256 illegal as to certain groups of employees; the Governor and the Director were commanded to halt enforcement of the furlough program as to those employees; and the State Controller was directed to halt reducing those employees’ salaries for the furlough days, as well as to “restore any salary wrongfully withheld as a consequence” of the Executive Orders.
The appeal was fully briefed when our Supreme Court decided Professional Engineers in California Government v. Schwarzenegger (2010) 50 Cal.4th 989 [ 116 Cal.Rptr.3d 480 , 239 P.3d 1186 ] (Professional Engineers), dealing with the legality of the Governor’s 2008…