STATE PERSONNEL v. DEPARTMENT OF PERSONNEL

No. S119498.

36 Cal.Rptr.3d 142 (2005)

37 Cal.4th 512

123 P.3d 169

STATE PERSONNEL BOARD, Plaintiff and Respondent, v. DEPARTMENT OF PERSONNEL ADMINISTRATION et al., Defendants and Appellants. 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 Appellant, v. Department of Personnel Administration et al., Defendants and Respondents.

Supreme Court of California.

December 1, 2005.


Attorney(s) appearing for the Case

Elise S. Rose, Dorothy Bacskai Egel, Sacramento; Kronick, Moskovitz, Tiedemann & Girard and Susan R. Denious, Sacramento, for Plaintiff and Appellant and for Plaintiff and Respondent State Personnel Board.

Howard L. Schwartz, K. William Curtis, Marguerite D. Seabourn and Linda Diane Buzzini, Sacramento, for Defendant and Appellant and for Defendant and Respondent Department of Personnel Administration.

Anne M. Giese, Sacramento, and Mark DeBoer, for Defendant and Appellant and for Defendant and Respondent California State Employees Association.

Carroll, Burdick & McDonough, Ronald Yank, David M. Rice, San Francisco, and Gregg McLean Adam, for Defendant and Appellant and for Defendant and Respondent Department of Forestry Firefighters.

VanBourg, Weinberg, Roger & Rosenfeld, Weinberg, Roger & Rosenfeld, William A. Sokol, Vincent A. Harrington, Los Angeles, M. Suzanne Murphy, Oakland, and Matthew J. Gauger, for Defendant and Appellant and for Defendant and Respondent International Union of Operating Engineers.

Norman Hill, Sacramento, and Wendy Breckon, for Defendant and Appellant and for Defendant and Respondent Department of Forestry and Fire Protection.

Bill Lockyer, Attorney General, David S. Chaney, Assistant Attorney General, Damon M. Connolly, Miguel A. Neri, Jacob Appelsmith, Alicia M.B. Fowler and Michelle Littlewood, Deputy Attorneys General, as Amici Curiae on behalf of Defendant and Appellant and Defendant and Respondent Department of Personnel Administration.

Anne M. Giese, Sacramento; Katzenbach and Khtikian and Christopher W. Katzenbach, San Francisco, for California State Employees Association as Amicus Curiae on behalf of Defendants and Appellants and Defendants and Respondents Department of Personnel Administration, Department of Forestry Firefighters and International Union of Operating Engineers.

Law Office of Steven B. Bassoff, Steven B. Bassoff, Sacramento; Eisen & Johnston Law Corporation, Jay-Allen Eisen Law Corporation, Jay-Allen Eisen, Marian M. Johnston, Sacramento, and C. Athena Rousos, for Plaintiffs and Respondents Association of California State Attorneys and Administrative Law Judges et al.

Elise S. Rose, Dorothy Bacskai Egel; Kronick, Moskovitz, Tiedemann & Girard and Susan R. Denious, Sacramento, for State Personnel Board as Amicus Curiae on behalf of Plaintiffs and Respondents Association of California State Attorneys and Administrative Law Judges et al.


KENNARD, J.

The memoranda of understanding (MOU's) of four state employee bargaining units1 allow covered employees to challenge disciplinary actions either by seeking review before the State Personnel Board or by pursuing an alternative grievance/arbitration procedure that bypasses the State Personnel Board. The Legislature ratified the grievance/arbitration procedures set forth in the four MOU's by enacting implementing legislation....

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