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BARNER v. CITY OF NOVATO

Nos. 92-16100, 92-16129, 93-15176.

17 F.3d 1256 (1994)

Gary BARNER; Jerry Bennett; Brian Brady; Richard Rudy, Plaintiffs-Appellees, v. CITY OF NOVATO, Defendant-Appellant. Gary BARNER; Jerry Bennett; Brian Brady; Richard Rudy, Plaintiffs-Appellants, v. CITY OF NOVATO, Defendant-Appellee. Gary BARNER; Jerry Bennett; Brian Brady; Richard Rudy, Plaintiffs-Appellants, v. CITY OF NOVATO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 8, 1994.

Attorney(s) appearing for the Case

Richard C. Bolanos, Kathryn J. Burke and Cynthia J. O'Neill, Whitmore, Johnson & Bolanos, Mountain View, California, for the defendant-appellant-appellee.

Christopher D. Burdick and Alison Berry-Wilkinson, Carroll, Burdick & McDonough, San Francisco, California, for the plaintiffs-appellees-appellants.

Duane W. Reno, Davis, Reno & Courtney, San Francisco, California, for the amicus International Union of Police Associations, et al.

Arthur A. Hartinger, Deputy City Attorney, San Francisco, California, for the amicus League of California Cities, et al.

Before: ALARCON, LEAVY, and KLEINFELD, Circuit Judges.

LEAVY, Circuit Judge:

This case involves a dispute between a municipality and some of its employees concerning the treatment of employee absences for payroll purposes. The district court held that the municipality's policy of reducing certain employees' accumulated but unused paid leave for absences of less than a day did not violate federal labor law, but that the possible reduction of those employees' salaries for the same conduct did violate federal labor law....

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