Brown

This petition for a writ of mandate seeks to overturn an order by the Superior Court of Alameda County that would virtually nullify the three-day-per-month furlough program as it is applied to facilities manned by employees represented by the California Correctional Peace Officers Association (CCPOA). The trial court determined that the furlough program, which was implemented in the wake of two executive orders by the Governor, resulted in a reduction in pay for CCPOA members that violated various state statutes, specifically Government Code section 19826, Labor Code section 223, and the state’s minimum wage law. The trial court directed issuance of a writ of mandate ordering that backpay be provided to CCPOA members.

After this matter was fully briefed, but before it was argued, 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), upholding the legality of the two-day-a-month unpaid furlough time implemented following the first executive order. The core holding of Professional Engineers was that in enacting revisions to the Budget Act of 2008…