Supreme Court Denies CAPS LPLW Review


Yesterday, the California Supreme Court denied CAPS Petition for Review of the “Like Pay Like Work” decision of the Third District Court of Appeal. This means that the appellate decision, which reversed a CAPS victory at the trial court, becomes final. Consequently, the Departments of Finance and Personnel Administration are not under a court order to place funding for the LPLW salaries in the state budget–something CAPS was seeking in the lawsuit. This decision does NOT change the state’s legal obligation to correct this salary inequity, however. DPA’s salary determinations requiring salary parity remain in effect, subject to an appropriation to fund them. In fact, the appellate decision makes clear that DPA still needs to calculate the increased salaries and provide that information to Finance.

Even if Finance declines to place the money in the Governor’s proposed budget, Finance still must provide the amounts needed to fund the salaries to the Legislature. CAPS is actively ascertaining whether DPA and Finance are complying with the law, so that the Legislature is provided the opportunity to fund the salaries or not. CAPS will continue to press the Administration and the Legislature to appropriate funds to correct this on-going salary inequity.


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About Mad Scientist

Member of California Association of Professional Scientists
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1 Response to Supreme Court Denies CAPS LPLW Review

  1. Blanning and Baker, the law firm that runs CAPS, has for years been promising the membership that their strategy to win pay parity for the CAPS scientists was the right one. Yeah the right one for the lawyers! They got to go to court. They got to write briefs. BILLABLE HOURS BABY! Yeah and all at the expense of the membership. Look at the CAPS financial record and you see all the money goes to the law firm and a bit to the lobbyist. Worse than depending on the courts and having a loosing stratagey with no plan B. These anti-working class theives convinced the rank and file scientists that their best chance at Pay Parity (our wages are lower than County and CIty workers as well as those in private industry) is to sue the state on behalf of our supervisors. Which we were told would have to win because the courts are just. Once the supervisors got pay parity the state would have to adjust the rank and file scientists wages as well. Well Strike Three for Blanning and Baker….Lost on the furloughs, lost on Pay Parity and we have not seen a penny of the $ from the stolen holidays.

    So do you think the membership might take this up at their next membership meeting? Nope they will not? Why not? Because the board amended the bylaws in February 2011 to abolish the mandated annual membership meeting! Time to dump Blanning and Baker! Run out the undemocratic board. Vote for the Fighting Union Caucus!

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