Have Contract, Can’t Furlough

August 31, 2009

A pair of recent court rulings is giving unions new and potentially potent ammunition against furloughs of public employees. On Aug. 18, a federal judge struck down a furlough plan in Maryland, holding that the plan violated the U.S. Constitution by unilaterally cutting wages guaranteed through collective bargaining. On July 29, a state judge in Hawaii issued a similar ruling, saying a furlough violated the state constitution, and criticizing officials for making the move without union negotiations.