State Personnel. Bd. v. CSEA 12/9/03 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C042437

Case Date: 12/09/2003

Preview:Filed 12/9/03

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

CALIFORNIA STATE PERSONNEL BOARD et al., Plaintiffs and Respondents, v. CALIFORNIA STATE EMPLOYEES ASSOCIATION, LOCAL 1000, SEIU, AFL-CIO, Defendant and Appellant. C042437 (Super. Ct. No. 02CS00787)

APPEAL from a judgment of the Superior Court of Sacramento County, Lloyd G. Connelly, J. Reversed. Anne M. Giese and Robin O'Sullivan for Defendant and Appellant. Elise S. Rose and Dorothy Bacskai Egel for Plaintiffs and Respondents. Howard L. Schwartz, Linda D. Buzzini, Patricia Keegan and Marguerite D. Seabourne for the Department of Personnel Administration as Amici Curiae on behalf of Defendant and Appellant.

1

Carroll, Burdick & McDonough, Ronald Yank, Gregg McLean Adam; and Benjamin C. Sybesma for the California Correctional Peace Officers' Association as Amici Curiae on behalf of Defendant and Appellant.

The California State Employees Association (CSEA) and the Department of Personnel Administration (DPA) negotiated collective bargaining agreements, also known as memoranda of understanding (MOUs), for state civil service employees of three bargaining units. The MOUs contain provisions for pilot programs, known as "post and bid," that would apply to a limited number of appointments and promotions to certain clerical, technical, and professional classifications. Under the pilot programs, "bid notices" regarding available positions are "posted" by the employer department in various sites where job announcements are normally posted. "Eligible employees

may bid for posted positions by submitting a completed bid form provided by the department." Selection of the person to fill a "The most senior

position is based upon eligibility and seniority.

[eligible] bidder, if any, within the departmental geographic area shall be offered the position. If no employee from the departmental

geographic area bids, then the most senior bidder in the department shall be offered the position. If no departmental employee bids,

the position shall be offered to the bidder with the highest seniority, regardless of department."1

1

The pilot program for one unit does not take into account whether a bidder is within the departmental geographic area where the position is available. 2

The California State Personnel Board (SPB) sought a writ of mandate to prohibit implementation and enforcement of the MOUs' "post and bid" provisions. Agreeing with SPB that the provisions

violate the constitutionally mandated merit principle of the civil service system (Cal. Const., art. VII,

Download State Personnel. Bd. v. CSEA 12/9/03 CA3.pdf