On November 5, 2007, the California Supreme Court held that the State of California could not enter into a memorandum of understanding with an engineering union which restricted the State from hiring and retaining private engineering firms where such restrictions were barred by a recent amendment to the state constitution. (See Consulting Engineers and Land Surveyors of California, Inc. v. Professional Engineers in California Government, 2007 Cal. LEXIS 12680.)

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On June 13th, in Consulting Engineers and Land Surveyors of California, Inc. v. Professional Engineers in California Government, (2006) 2006 Cal. App. LEXIS 874, the Third District Court of Appeal struck down provisions of a union agreement between the state and civil service engineers limiting the state’s right to contract with private engineers, holding that the provisions conflict with Proposition 35 and are unconstitutional.


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