Pennsylvania Supreme Court Win

Late last evening, Monday, December 28, 2009, we were notified that the collective unions had prevailed in the Pennsylvania Supreme Court case over the 2008 budget impasse.

The decision was that the Governor may continue to pay all FLSA (Fair Labor Standards Act) covered state employees in the event of a budget impasse.

It was the position of the commonwealth that the Pennsylvania Constitution prohibited such payment even though the Federal FLSA required it.

While the unions did not question the Governor’s authority to furlough or challenge the classifications he designated as critical and non-critical, we requested a declaratory judgment that as a matter of law, the Governor was not prohibited from continuing to employ and pay all FLSA non-exempt commonwealth employees in the event of a budget impasse.

While the opinion deals with fine points of constitutional law, it represents a GREAT VICTORY and VALIDATION for our members who are used as pawns every year in the budget process and a great start to the New Year!