Union sues to reverse state layoffs

SEIU and CASE, a union representing state attorneys, administrative law judges and hearing officers, each filed a compaint, called an unfair practice charge, with the state's Public Employment Relations Board. They seek to block the governor's move to reduce the salaries of most of the state's 200,000 employees to the federal minimum wage of $6.55 an hour.

Several hundred union workers protested in front of the state Capitol behind a huge mockup of a pink slip addressed to Schwarzenegger.

Confusion pervaded many state agencies, meanwhile, about who would be affected. Customers endured longer lines than usual at some Department of Motor Vehicles offices where employees were laid off, according to union officials and people waiting in lines at the offices. The cause of the lines could not immediately be confirmed with official sources.

Schwarzenegger said his measures were needed to ensure that the state maintains enough cash to operate through September, because a budget still has not been signed more than a month into the fiscal year. State Controller John Chiang has told the governor he would not implement the pay cuts, saying they would be too difficult logistically, would hurt workers and would present legal problems for the state.

The lawsuit and the two complaints contend the governor cannot take action against workers unilaterally. In SEIU's suit, the union argues that the governor illegally ignored a process for layoffs set up by the Legislature and the state Department of Personnel Administration. The process includes appeals for terminated employees.

"We don't believe the governor has the has the authority to lay off state workers by executive fiat, and that's what that executive order does," said Brooke Pierman, a lawyer for SEIU. In the complaints to the employment board, the two unions said the governor cannot reduce salaries without negotiating with labor leaders.

Aaron McLear, the governor's spokesman, said the state constitution and a decision by the California Supreme Court support the governor's order.

"We will defend ourselves in court if necessary to make sure the state can meet its obligations."

michael.rothfeld@latimes.com