PEF Wins Preliminary Injunction Stopping Furloughs: Judge Directs Governor to Abide by Contracts

The New York State Public Employees Federation (PEF) was granted a preliminary injunction today preventing the governor from implementing his plan to furlough state employees.

In issuing his decision in U.S. District Court, Northern District, Judge Lawrence Kahn recognized the furlough legislation substantially impaired PEF's collective-bargaining agreement with the state. The ruling found payless furloughs would have caused irreparable harm, as employees would suffer a permanent 20 percent reduction in salary, and the employees reasonably relied upon the salaries negotiated years earlier by PEF.

Judge Kahn agreed with PEF that the state failed to demonstrate it was reasonable and necessary to impair its obligation of contract; thus, violating the Contracts Clause of the U.S. Constitution.

"This is a victory for state employees and for state taxpayers," said PEF President Kenneth Brynien. "This decision will allow state services to continue uninterrupted and prevent hardships to the taxpayers who depend on them.

"We are equally pleased the court found the state has other means to address its budget deficit, as PEF has maintained all along.

"We remain ready and willing to work with the governor and legislative leaders to achieve the savings the governor seeks, by implementing PEF's budget solutions," Brynien said.

Judge Kahn also directed the state not to submit any further extender appropriations bills which include the furloughs or exclude the payment of contractually obligated salary increases. Those salary increases were part of the two most recent extender bills passed into law, as required by the temporary restraining order Judge Kahn granted May 12.

"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," Brynien said.

Statement of PEF President Kenneth Brynien on Furlough Hearing

Albany - We remain hopeful we will prevail as a result of today’s hearing on a preliminary injunction to prevent the governor from implementing his plan to furlough 100,000 state employees.

Both sides were heard on this issue in U.S. District Court, Northern District by Judge Lawrence Kahn today. As we have maintained from the beginning, the furloughs are illegal. Judge Kahn indicated he will issue a decision within the next two days.

The governor continues to insist that breaking contracts negotiated in good faith are the only way he can generate savings from the state work force. He knows this is untrue. PEF has provided the governor with alternative budget solutions that would avoid such hardships.

Should the preliminary injunction be granted, it will be a victory for state taxpayers and public servants. State services must continue uninterrupted in order to prevent hardships to the taxpayers who depend on them.

PEF To Governor; Cuts To The Work Force Aren’t The Only Option

Albany - While the New York State Public Employees Federation (PEF) is pleased with the court decision granting our temporary restraining order to stop the furloughs of state employees, there is more work to do toward closing the budget gap.

"The governor continues to insist state employee unions aren’t sacrificing and are uncooperative in helping to address the state’s fiscal crisis," said PEF President Kenneth Brynien. "That is patently false. PEF has given the governor proposals to cut hundreds of millions of dollars, including cutting contract consultants, reducing overtime and expanding the voluntary severance program," Brynien said.

"Unfortunately, the governor spent the past three weeks focused on the .2 of the 9.2 billion dollar deficit.

Our position has been and remains: the state should be doing everything possible to reduce costs and waste before targeting the work force and the services we provide to the taxpayers. We remain ready to help the governor achieve the savings through the solutions we have provided," Brynien added.

Judge grants PEF’s TRO on furloughs

PEF is extremely pleased with the court decision issued today granting the temporary restraining order that prevents furloughs of state employees scheduled to begin the week of May 17.

This decision will allow state services to continue uninterrupted and prevent hardships to the taxpayers who depend on them.

The judge also ordered the governor to include our contractually mandated raises in any further budget extender bills.

PEF’s request for a preliminary injunction will be heard May 26 in Albany.

Statement from PEF President Ken Brynien on Furloughs

Albany - "I am deeply disappointed the New York State Legislature has voted to authorize the illegal furlough of hardworking state employees," said PEF President Kenneth Brynien.

"The governor continues to insist that breaking contracts negotiated in good faith are the only way he can generate savings from the state work force. He knows this is untrue. PEF has provided the governor with alternative budget solutions that would avoid such hardships.

"PEF will be immediately filing for a temporary restraining order to stop the illegal furlough plan and protect our members from irreparable damage the loss of income will cause," Brynien said.