Judges orders preliminary injunction against state worker furloughs

Updated Friday at 3:09

Federal judge Lawrence Kahn today granted a preliminary injunction against the state worker furloughs and the withholding of the four percent pay raises. The Paterson administration was also blocked from including the furloughs and pay freeze in a future emergency budget extenders.

From the decision (the plaintiffs are the state worker unions and the defendants are the Paterson administration):

Plaintiffs have met their burden of showing that the permanent 20% loss in salary and wages that the furlough plan effects constitutes irreparable harm and that irreparable harm flows from Defendants' failure to pay the contracted-for increases in salaries and wages, which were negotiated years prior to the challenged extender bill, and upon wihch the affected employees have surely relied.

The unions had argued the furloughs and withheld raises violated the Contract Clause of the US Constitution. Among the evidence cited by the judge that the unions have a good case on that account is the state Senate's resolution criticizing the furloughs. From the decision:

To uphold self-interested impairments of contractual rights from suit under the Contract Clause, the Court must see that the impairments are reasonable and necessary, as established by real and demonstrable consideration of needs and alternatives. Instead, the Court observes both a complete repudiation by the Senate of such a judgment and an argument by Defendants that fails to show sufficient consideration and analysis of the kind required by the Contract Clause.

(The Senate grudgingly passed the budget extender that included the furloughs because not doing so would have shut down the government. Neil Breslin was one of the senators who proposed the resolution.)

In a statement, David Paterson says he's "disappointed" by the decision:

Today's ruling was determined in part by evidence submitted by the Legislature in opposition to the extraordinary action I took in proposing furloughs and withholding pay increases. However, both houses of the Legislature agree with my assertion that New York's public employee unions must contribute, along with all other New Yorkers, to solving this extraordinary fiscal crisis. This agreement is reflected in each of its individual budget resolutions, which count $250 million or more in workforce savings in the 2010-11 fiscal year.

Said CSEA's president in a statement: "Today's decision is a victory for the rule of law in New York and should make it clear that no governor can run roughshod over people's rights." Said the president of PEF in a statement: "It is in the best interest of state taxpayers the governor accepts the court's ruling and avoids wasting more time and money needlessly appealing this decision."

The judge's decision is embedded after the jump.

State Worker Furlough Injunction


[decision pdf via CSEA]

Comments

Fire up that Layoff Machine!

Say Something!

We'd really like you to take part in the conversation here at All Over Albany. But we do have a few rules here. Don't worry, they're easy. The first: be kind. The second: treat everyone else with the same respect you'd like to see in return. Cool? Great, post away. Comments are moderated so it might take a little while for your comment to show up. Thanks for being patient.

The Scoop

Ever wish you had a smart, savvy friend with the inside line on what's happening around the Capital Region? You know, the kind of stuff that makes your life just a little bit better? Yeah, we do, too. That's why we created All Over Albany. Find out more.

Recently on All Over Albany

Today's moment of autumn

It's insect week, apparently.... (more)

Art Spiegelman at Skidmore

Pulitzer Prize-winning cartoonist Art Spiegelman will be at Skidmore October 4 for a talk about the history of comics. Blurbage: His lecture, titled "What the... (more)

Google Express is now available here

Google expanded its Google Express delivery service to the Northeast this week, including New York State. What is it? It's sort of like Amazon Prime,... (more)

The milkman

Look who's over at Eater writing about the Capital Region's own Meadowbrook Farms and the persistence (and resurgence) of home milk delivery. [Eater]... (more)

Drawing: Albany Barn Fusion 2016

The Albany Barn's annual Fusion event -- exploring "the intersection of art and industry" -- is October 14 this year. And we have a pair... (more)

Recent Comments

... Getting away from the neighborhood for the day is well and good if you don't want to attend the event, but you can't get away from non-residents' vomit, urine, dog feces, trash, and illegal park jobs in and around our homes. I saw several men urinating on one of my neighbors' carefully maintained floral displays. Cars were parked dangerously and illegally on the wrong sides of several streets, making it dangerous or impossible to drive home. There was garbage all over my front steps. The trash cans in the neighborhood were overflowing with stinking garbage after a day. These are quality of life issues that should not be dismissed, whatever the solution may be. ...

A good hair stylist in the Albany area?

...has 22 comments, most recently from kevin k.

Drawing: Albany Barn Fusion 2016

...has 5 comments, most recently from Kath

Herb

...has 2 comments, most recently from James at 46 or so

The plan for a new NYC train station. (For real this time. Probably.)

...has 6 comments, most recently from Sean

Morning Blend for Sep 29

...has 1 comment, most recently from ace