Enlil said:

the terms of a collective bargaining agreement can be such that a pension can be withheld for an employee not doing his job.  Would you agree with this statement?

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Enlil said:

Falcon91Wolvrn03 said:

It's highly unlikely that any state would agree to something so vague.

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I'm sure the state would.  The union wouldn't, of course, but the state wouldn't suffer any detriment from that.

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Quote:

But in 1985 we did take up that question in County Sanitation Dist. No. 2 v. Los Angeles County Employees’ Assn. (1985) 38 Cal.3d 564 (County Sanitation).  There we held:  “[S]trikes by public employees are not unlawful at common law unless or until it is clearly demonstrated that such a strike creates a substantial and imminent threat to the health or safety of the public.  This standard allows exceptions in certain essential areas of public employment (e.g., the prohibition against firefighters and law enforcement personnel) and also requires the courts to determine on a case-by-case basis whether the public interest overrides the basic right to strike.”  (Id. at 7 p.586.)  Thus, County Sanitation vested the courts with jurisdiction to decide whether to allow or to prohibit a particular public employee strike.

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186.1. The Legislature hereby finds and declares that an effective means of punishing and deterring criminal activities of organized crime is through the forfeiture of profits acquired and accumulated as a result of such criminal activities. It is the intent of the Legislature that the California Control of Profits of Organized Crime Act be used by prosecutors to punish and deter only such activities.

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Enlil said:

Not likely unless they can prove that the entirety of the pension was earned by illegal conduct.  That's gonna be tough.

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Quote:

(a) In any case in which a person is alleged to have been engaged in a pattern of criminal profiteering activity, upon a conviction of the underlying offense, the assets listed in subdivisions (b) and (c) shall be subject to forfeiture upon proof of the provisions of subdivision (d) of Section 186.5.

(b) Any property interest whether tangible or intangible, acquired through a pattern of criminal profiteering activity.

(c) All proceeds of a pattern of criminal profiteering activity, which property shall include all things of value that may have been  received in exchange for the proceeds immediately derived from the pattern of criminal profiteering activity

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Bigbadwooof said:

I think you are a bit too far removed from the financial struggles most of us endure,

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Enlil said:

Bigbadwooof said:

I think you are a bit too far removed from the financial struggles most of us endure,

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I was a union employee for over a decade.  I know how it benefitted me and how it harmed me.  I also know how it harmed those who were not in the union.

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