HONOLULU -- Eleven union members filed a lawsuit Wednesday to try and block Gov. Linda Lingle's effort to lay off and furlough state workers.

The leader of one of the workers union is also suggesting a way to fill the budget gap without layoffs or new taxes.

Most of the 11 employees named in the lawsuit are guards at the Big Island's Kulani Prison, which the state plans to close. The plaintiffs' attorney said the layoff plans are constitutionally unfair.

"If two people are in the same position, don't discriminate against one and not the other one," labor attorney Charles Khim said.

Khim said the state is not cutting back on contracts such as the one between the Department of Human Services and a Maryland company that has hourly rates more suitable to a law firm than social workers and accountants. The contract was awarded after the furlough notices.

"Do not let them work full time and lay us off or cut our hours or furlough us," Khim said.

He argued that the governor is targeting public workers so unfairly it is unconstitutional.

United Public Workers leader Dayton Nakanelua is suggesting another way to end the budget crisis with a benefits lag, Khim said.

"Hold off transferring the money out of the savings account into the checking account for a couple of weeks. Then you don't have to lay off people or furlough them," Khim said.

The state pays more than $900 million a year in benefits. The money is paid into huge investment funds. Theoretically delaying that payment into the next year would create a savings on paper. The actual cost would only be lost investment earnings.

The governor's office would not comment on the suggestion or the lawsuit.