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Appellate court sides with Schwarzenegger
SacBee: The State Worker ^ | 4/12/10 | Jon Ortiz

Posted on 04/12/2010 7:28:23 PM PDT by SmithL

The 1st District Court of Appeal has granted Gov. Arnold Schwarzenegger's petition for writ of supercedeas in Union of American Physicians and Dentists v. Schwarzenegger. The decision means that furloughs continue during the appeal of Alameda Superior Court Judge Frank Roesch's decision to end furloughs for state workers in "special fund" departments named in the lawsuit.

Here's the language from the San Francisco-based court's Web site:

(Excerpt) Read more at sacbee.com ...


TOPICS: Extended News; Government; Politics/Elections; US: California
KEYWORDS: attacklawyers; goldenstate; schwarzenegger; unionthugs

1 posted on 04/12/2010 7:28:23 PM PDT by SmithL
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To: SmithL

How about a bit better plain English summary of the essentials of the case & situation.


2 posted on 04/12/2010 7:32:06 PM PDT by Quix (BLOKES who got us where we R: http://www.freerepublic.com/focus/religion/2130557/posts?page=81#81)
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To: SmithL

I gave that communist site a hit and STILL know only what the headline states.

If you’re going to post a link, at least have it link to a page that gives more information, rather than some trite gobbledegook less informative than your headline.


3 posted on 04/12/2010 7:42:43 PM PDT by Don W (I only keep certain folks' numbers in my 'phone so I know NOT to answer when they call)
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To: Quix
.
The Unions thought they had a contract with the Department of Personnel Administration which set the terms of their employment.

The Governor ordered furloughs unilaterally (essentially pay cuts) without renegotiating the contracts with the unions.

Lots of lawsuits followed and the Governor (and his “DPA”) lost most of them and was ordered to give the unions workers their money back. He filed appeals which by force of law stayed the rulings against him.

One lower court judge ordered the Appellate stay lifted which in turn was challenged by way of petition for a Writ of Supesedsas. This seems to have been won by the Governor but the appeals will proceed as before.

4 posted on 04/12/2010 7:44:47 PM PDT by Touch Not the Cat (Where is the light? Wonder if it's weeping somewhere...)
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To: Quix
How about a bit better plain English summary of the essentials of the case & situation.

The state is out of money. The union contracts prohibit the state from cutting wages, so Arnold cut the hours and the unions sued. The court sided with the unions and restored the hours, but the appeals court has stayed the lower court order and the hours will be cut again. The lawsuit raised the issue that since these departments were self funded by fees and insurance payments that the state could not cut the hours and then use the savings to make payments to the general fund and the lower court agreed. The apellate court is allowing the cut in hours pending the completion of the appeal.

Happy now?

5 posted on 04/12/2010 8:04:50 PM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: P-Marlowe; Touch Not the Cat

Happy now?

Let’s not push it . . .

However, given that

My week begins tomorrow. Of course it ends on Thursday . . .

actually, I’m routinely pretty happy.

THANKS TO BOTH OF YOU. Much appreciated.


6 posted on 04/12/2010 8:15:36 PM PDT by Quix (BLOKES who got us where we R: http://www.freerepublic.com/focus/religion/2130557/posts?page=81#81)
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To: Quix
The others explained it pretty well. Roesch's ruling was that Schwarzenegger's furloughs were illegal and the State had to pay the union workers back pay for the furlough days. Then he ruled that he wouldn't allow his decision to be stayed while on appeal.

The Appeals Court seems to disagree with the judge.

7 posted on 04/12/2010 8:18:02 PM PDT by SmithL
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To: SmithL
Union of American Physicians and Dentists

Don't tell me. Government employees, right? The losers of life's lottery?

8 posted on 04/12/2010 8:30:09 PM PDT by VeniVidiVici (Alfred E. Neuman for President! Oh, wait a minute ...)
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To: SmithL

Interesting.

CA evidently is as much or more a zoo than ever.


9 posted on 04/12/2010 8:30:58 PM PDT by Quix (BLOKES who got us where we R: http://www.freerepublic.com/focus/religion/2130557/posts?page=81#81)
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To: SmithL

ping


10 posted on 04/12/2010 8:56:57 PM PDT by ocr1 (really?.. Really?)
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