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PROFESSIONAL SCIENTISTS v. SCHWARZENEGGER

No. C049928.

40 Cal.Rptr.3d 354 (2006)

137 Cal.App.4th 371

CALIFORNIA ASSOCIATION OF PROFESSIONAL SCIENTISTS, Plaintiff, Respondent and Appellant, v. Arnold SCHWARZENEGGER, as Governor, etc., et al., Defendants and Respondents. Public Employment Relations Board, Intervener and Appellant.

Court of Appeals of California, Third District.

Review Denied May 24, 2006.

Attorney(s) appearing for the Case

Gerald James, Sacramento, for Plaintiff, Respondent and Appellant.

Bill Lockyer, Attorney General, Louis R. Mauro, Senior Assistant Attorney General, Catherine M. Van Aken, Supervising Deputy Attorney General, and Michelle Mitchell Lopez, Deputy Attorney General, for Defendant and Respondent Governor Arnold Schwarzenegger.

K. William Curtis, Warren C. Stracener, Patricia M. Keegan, Jennifer M. Garten, Sacramento, for Defendants and Respondents Department of Personnel Administration and Michael Navarro, Director.

Robert Thompson and Tammy Samsel for Intervener and Appellant.

ROBIE, J.

In 2004, the Legislature passed, and the Governor signed, a bill creating an alternate retirement program that applies to certain new state employees during their first two years of employment. In this mandamus action, the California Association of Professional Scientists (CAPS) challenged the law as it applies to new employees in the bargaining unit that CAPS represents (bargaining unit 10), contending the...

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