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Arguments Heard Today in Commonwealth Court

Alaine Williams, Esq. and Amy Rosenberger, Esq. in Commonwealth Court today.  Testimony was presented by Williams to support AFSCME's petition asking "that the Court issue a judgment declaring that, in the event that the Pennsylvania legislature fails to pass a budget by July 1, 2008, Article III, Section 24 and the Fair Labor Standards Act (FLSA) do not prohibit the Respondents from continuing to employ and pay all FLSA nonexempt Commonwealth employees deemed "non-essential" by the Commonwealth."  The petition was filed on behalf of AFSCME, PSSU and FOSCEP.

"The Governor cannot escape scrutiny by saying he's required by law to do this," argued Williams.  In testimony presented by the Governor's Office phrases like "he chooses",  "use his judgment", "there is no legislation to tell the Gov. how to do this", and "power of discretion" came up repeatedly in regards to the Governor's executive power to furlough.  "It's as if the Commonwealth is arguing the case they WISH we filed," said Williams.  "We don't argue that the Gov. can choose to furlough state employees.  We're arguing that the Gov. is not required by law to do so."  Concluded Williams, "Their interpretation of the law is dead wrong.".   When the Judge asked Williams if AFSCME feels that Art 111, Section 24, of Pennsylvania's constitution has no viability, Williams replied, "Absolutely not.  It guarantees that employees who work must be paid."

AFSCME C13 encourages each of you to contact your legislators -- on a daily

basis,  if necessary -- and remind them that it is their responsibility to

pass a budget on or before June 30th!!!