News

Court to EAA: Furloughs Are Legal

Background
:
In 2009, facing a budget shortfall, the City imposed furloughs of up to 26 days per year on all City employees.
In 2010, the Engineers and Architects Association filed a complaint with the Superior Court on behalf of its members, arguing that furloughs violated the salary and workweek provisions of the applicable MOUs.
SEIU 721 also filed a court challenge to the furloughs.
Just a few weeks ago, the court handed down its decision in the EAA case, saying that the City had every right to furlough employees because the city council adopted an emergency declaration.
What This Means
After consultation with our attorneys, we no longer believe we will prevail in our court challenge to citywide furloughs. The court has given the City permission to furlough employees during times of economic crisis.
How This Affects You
When the Coalition crafted its proposed agreement, it made sure it included iron-clad language ending furloughs
. The City has already made a good-faith gesture and ended furloughs, effective March 28. If the agreement does not pass, however, the City will impose at least 36 furlough days and expand the number of departments subject to furloughs.
You can read the court’s decision in full here.
You can read the agreement in full .
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