Legal Opinion

California State Personnel Board v. California State Employees Ass'n, Local 1000

California Supreme Court

Decided July 28, 2005No. S122058PublishedCited by 7 opinions

1Opinion of the Court

Opinion

BAXTER, J.

The California Constitution establishes that permanent appointments and promotions in state service shall be made solely on the basis of merit. In light of this constitutional imperative, we conclude the Legislature may not approve collective bargaining agreements requiring that state employers make such appointments and promotions based solely on the seniority status of candidates meeting all eligibility requirements, including the requisite ranking after a competitive examination in nontransfer cases, without allowance for comparative merit evaluations of those candidates.

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2Cases cited16 opinions

  1. Pacific Legal Foundation v. BrownCalifornia Supreme Court · 1981
  2. Conservatorship of WendlandCalifornia Supreme Court · 2001
  3. State Personnel Board v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1985
  4. County of Riverside v. Superior CourtCalifornia Supreme Court · 2003
  5. Grupe Development Co. v. Superior CourtCalifornia Supreme Court · 1993

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3Cited by7 opinions

  1. State Personnel Board v. Department of Personnel AdministrationCalifornia Supreme Court · 2005
  2. Cal. Corr. Peace Officers Ass'n v. Dep't of Corr., California Court of Appeal, 5th District2017
  3. Consulting Engineers & Land Surveyors of California, Inc. v. Professional Engineers in California GovernmentCalifornia Supreme Court · 2007
  4. CA Correctional Peace Officers Assn v. Dept. of CorrectionsCalifornia Court of Appeal · 2017
  5. Carrasco v. State Personnel Bd.California Court of Appeal · 2021

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