No. S122058.

31 Cal.Rptr.3d 201 (2005)

36 Cal.4th 758

115 P.3d 506

CALIFORNIA STATE PERSONNEL BOARD et al., Plaintiffs and Respondents, v. CALIFORNIA STATE EMPLOYEES ASSOCIATION, Local 1000, SEIU, AFL-CIO, Defendant and Appellant.

Supreme Court of California.

July 28, 2005.

Attorney(s) appearing for the Case

Anne M. Giese, Sacramento, and Robin O'Sullivan, for Defendant and Appellant.

Howard L. Schwartz, Linda D. Buzzini, Patricia M. Keegan and Marguerite D. Seabourne, Sacramento, for Department of Personnel Administration as Amicus Curiae on behalf of Defendant and Appellant.

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

Karen J. Brandt, Elise S. Rose and Dorothy Bacskai Egel, Sacramento, for Plaintiffs and Respondents.


The California Constitution establishes that permanent appointments and promotions in state service shall be made solely on the basis of merit. In light of this constitutional imperative, we conclude the Legislature may not approve collective bargaining agreements requiring that state employers make such appointments and promotions based solely on the seniority status of candidates meeting all eligibility requirements, including the requisite ranking after...

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