A judge's ruling Wednesday makes the layoff of 165 city workers final.

Saint Louis County District Judge Eric Hylden denied a temporary restraining order filed by the city worker's union.

LeAnn Wallace has details.

AFSCME's lawyer argued in court Tuesday that the city should lay-off part-time workers before eliminating any full time positions.
Mayor Don Ness had threatened that if the judge had issued the restraining order more than 40 part time city employees would have been laid off to compensate for the 21 full time workers.

The union claimed the layoff were illegal according to the collective bargaining agreement but Judge Hylden disagreed.

"This court order says that although the effects are immediate, they won't be irreparable."

"This was what we expected and we were pleased with the decision however it is yet a somber day in the city of Duluth because 21 of our hardworking and dedicated employees are no longer with us."

Mayor Ness says this was a vital decision for the operations of city government for this and next year's city budgets.

"It's my hope that by grounding ourselves with the balanced budget in '08 and in '09, we will have that more firm footing that will go into the next calendar year, not having to worry about making up for a multi-million dollar deficit in the current fiscal year."

But the union isn't ready to give up its claim.

"We have three other different ways of proceeding both on the assessors contracting on the temporary injunction and on civil service hearings."

AFSCME issued a written statement on the ruling:

"We expect a better solution from Mayor Ness. Other cities balance their budgets without eliminated core services and busting union contracts."

The Union says despite the ruling, they'll continue to pursue a legal remedy.

In Duluth, LeAnn Wallace, the Northlands News Center.

Mayor Ness says the city is hopeful they won't have to make additional lay-offs next year but have already said that some part-time jobs will no longer be on the city's payroll.