STATE PERSONNEL BOARD, Plaintiff and Appellant,
v.
DEPARTMENT OF PERSONNEL ADMINISTRATION, et al., Defendants and Respondents.
Association of California State Attorneys and Administrative Law Judges, et al., Plaintiffs and Respondents,
v.
Department of Personnel Administration, et al., Defendants and Appellants.
State Personnel Board, Plaintiff and Respondent,
v.
Department of Personnel Administration et al., Defendants and Appellants.
Court of Appeals of California, Third District.https://leagle.com/images/logo.png
August 27, 2003.
Review Granted November 12, 2003.
Attorney(s) appearing for the Case
Howard L. Schwartz, Chief Counsel, Marguerite D. Seabourn, Linda Diane Buzzini, Sacramento, for Defendant and Appellant and for Defendant and Respondent Department of Personnel Administration.
Carroll, Burdick & McDonough, Ronald Yank, Gregg McLean Adam, San Francisco, for Defendant and Appellant Department of Forestry Firefighters.
VanBourg, Weinberg, Roger & Rosenfeld, Matthew John Gauger, Oakland, for Defendant and Appellant International Union of Operating Engineers.
Bill Lockyer, Attorney General, David S. Chaney, Senior Assistant Attorney General, Damon M. Connolly and Miguel A. Neri, Supervising Deputy Attorneys General, as Amicus Curiae on behalf of Defendant and Appellant Department of Personnel Administration.
Steven B. Bassoff, Eisen & Johnston Law Corporation, Jay-Allen Eisen, Marian M. Johnston, Jay-Allen Eisen Law Corporation and Jay-Allen Eisen, Sacramento, for Plaintiffs and Respondents Association of California State Attorneys and Administrative Law Judges etc.
Elise S. Rose, Chief Counsel, Dorothy Bacskai Egel, Kronick, Moskovitz, Tiedemann & Girard and Susan R. Denious, Sacramento, as Amicus Curiae State Personnel Board on behalf of California State Attorneys and Administrative Law Judges.
Anne M. Giese, Sacramento, for Defendant and Appellant California State Employees Association.
VanBourg, Weinberg, Roger & Rosenfeld, William A. Sokol, Vincent A. Harrington, Matthew John Gauger, Oakland, for Defendant and Appellant International Union of Operating Engineers.
Bill Lockyer, Attorney General, Jacob Appelsmith, Senior Attorney General, Alicia M.B. Fowler, Supervising Attorney General, Michelle Littlewood, Deputy Attorney General, as Amicus Curiae Attorney General of California on behalf of Department of Personnel Administration.
Elise S. Rose, Chief Counsel, Dorothy Bacskai Egel, Kronick, Moskovitz, Tiedemann & Girard and Susan R. Denious, Sacramento, for Plaintiff and Respondent State Personnel Board.
Elise S. Rose, Chief Counsel, Dorothy Bacskai Egel, Kronick, Moskovitz, Tiedemann & Girard and Susan R. Denious, Sacramento, for Plaintiff and Appellant State Personnel Board.
Carroll, Burdick & McDonough, Ronald Yank and Gregg McLean Adam, San Francisco, for Defendant and Respondent Department of Forestry Firefighters.
Norman Hill, Chief Counsel, Wendy Breckon for Defendant and Respondent Department of Forestry and Fire Protection.
Court of Appeals of California, Third District.
OPINION ON REHEARING
BLEASE, Acting P.J.
The California Constitution requires that the California State Personnel Board (SPB) "shall ... review disciplinary actions" taken against state civil service employees. (Cal. Const., art. VII, § 3, subd. (a).)
State civil service employees assigned to State Bargaining Units 8, 11, 12, and 13 (hereafter Units 8, 11, 12, and 13), represented by their unions, negotiated labor contracts with the Department...
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