NEWS ITEM

Hawaii Court Enjoins Mandatory Furloughs of State Employees

Finds Likelihood of Success on Claim that Unilateral Furloughs Would Violate the Constitutional Right of Collective Bargaining

July 2, 2009 -- Judge Karl K. Sakamoto of the First Circuit Court of the State of Hawaii today granted a temporary restraining order against the Governor's plan to unilaterally impose mandatory unpaid furloughs for all state employees. Judge Sakamoto concluded the plaintiff unions have a strong likelihood of success on their claim that unilateral implementation of the furloughs would violate the right to organize for purposes of collective bargaining protected by the Hawaii State Constitution.

Hawaii Governor Linda Lingle had announced a plan to implement unpaid furloughs of three days per month for the period from July 1, 2009 to June 30, 2011. The furloughs would amount to a pay cut of 14 to 16 percent for state employees.

Altshuler Berzon LLP is co-counsel with Takahashi, Vasconcellos, and Covert in representing the plaintiffs in the lawsuit.

[Update: On July 29, 2009, Judge Sakamoto issued his Findings of Fact and Conclusions of Law and Order Entering Permanent Injunctive Relief. A copy is posted below.]

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