Governor's Response to Cash Crisis in California Called Unfair

Sacramento, CAMake all the Hollywood references you want, but when a former action hero of the silver screen goes into crisis mode, it's as if the Terminator has made a comeback—only this time in a suit. And he's only 'terminating' two days a month. The spectacle is tied to Governor Arnold Schwarzenegger's attempt to force furloughs of state employees, a move that union officials regard as unfair and illegal. Unions are challenging the move as an affront to California labor law, in court.

As most will be aware, the State of California is in the midst of a budgetary crisis, the likes of which Californians have not seen in some time, if ever. The deficit is ballooning towards $42 billion, and those in charge of the state coffers claim that California is in danger of running out of money within weeks, if something drastic doesn't happen.

There are those who say Arnold Schwarzenegger is all about drastic—and once again he brought out the heavy ammo just after Christmas when he unveiled a plan to force state employees to take two, unpaid days off each month. The so-called 'furloughs' are intended to save the state more than $1.2 billion over the next 18 months.

Schwarzenegger issued the executive order under the powers that he believes are his within the confines of the Office of the Governor, in times of emergency or crisis. Schwarzenegger—and the state bean counters—are of the view that California is, indeed under a state of fiscal emergency.

However, the labor unions disagree, claiming that only state legislators have the power to invoke such measures. The latter has been unwilling to trigger mandated reductions in work hours, and the Governor has been running up against a brick wall. Thus, like so many characters he portrayed in the movies, Schwarzenegger has taken matters into his own hands in an attempt to meet the crisis head-on, and somehow come up with a happy ending.

The unions are taking the Governor to court over it, claiming that the executive order is an affront to California labor law. So far, 3 state employee unions are challenging the Governor's plan in court. On Friday, Superior Court Judge Patrick Marlette agreed to hear arguments in the case January 29th in Sacramento.

According to the Executive Order Governor Schwarzenegger issued last month 238,000 state employees will be forced to take two, unpaid furloughs per month on a schedule that will likely see many state offices go dark the first, and third Friday of every month. While essential services, such as hospitals, prisons and veteran's homes will continue, managers in those facilities will be required to work out a schedule that will allow all employees to observe their required two days of unpaid leave on a staggered basis, allowing for the continuation of essential services.

Managers themselves will be required to take the furlough as well, or have their salaries adjusted downward in kind.

No one questions the sorry state of the California coffers, and officials close to the situation fear the state will run out of money by February if such drastic action is not taken.

However, while acknowledging the crisis, the unions counter that the Governor can't put this on the backs of workers and has no authority to do so without legislation under California labor law. There is also worry as to the impact closing state offices will have on the lives of citizens, even for two days a month. It has been reported that the Department of Motor Vehicles might be among those shutting down completely on the first, and third Fridays.

A further concern, cite labor reps, is that many state agencies are under-staffed as it is. Closing shop completely for two days per month, or removing employees from the mix on a staggered basis, could cause further backlogs and only add to the frustration already being felt by both employee, and consumer.

"We will not comply with an executive order that we are convinced does not rest on solid legal grounds and which would impose such a hardship on the backs of our employees," wrote State Treasuer Bill Lockyer on Friday. In a letter to the governor's office, the independently-elected Democrat said he would refuse to furlough his workers, given his view that the Governor had exceeded his authority by ordering the furlough.

Schwarzenegger is a Republican.

Party divisions and politics aside, all eyes will be on Superior Court Judge Patrick Marlette January 29th in Sacramento as lawyers from both sides argue whether, or not Governor Schwarzenegger's initiative goes beyond the authority of his office, and serves as an affront to California labor law.