INTERN. ASS'N OF FIREFIGHTERS, LOCAL NO. 672 v. City of Boise City

• Decision Date: 02 May 2001
• Docket Number: No. 25640.,25640.
• Citation: 136 Idaho 162,30 P.3d 940
• Parties: INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL NO. 672, a recognized collective bargaining agent, Plaintiff-Counterdefendant-Appellant, v. CITY OF BOISE CITY, a municipal corporation; H. Brent Coles, Mayor; Sara Baker, M. Jerome Mapp, Caroline Terteling, Paula Forney, Anne Stites Hausrath and Mike Wetherell, City Council Members, Defendants-Counterclaimants-Respondents.
• Court: Idaho Supreme Court

30 P.3d 940

136 Idaho 162

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL NO. 672, a recognized collective bargaining agent, Plaintiff-Counterdefendant-Appellant, v. CITY OF BOISE CITY, a municipal corporation; H. Brent Coles, Mayor; Sara Baker, M. Jerome Mapp, Caroline Terteling, Paula Forney, Anne Stites Hausrath and Mike Wetherell, City Council Members, Defendants-Counterclaimants-Respondents.

No. 25640.

Supreme Court of Idaho, Boise, December 2000 Term.

May 2, 2001.

Rehearing Denied July 23, 2001.

Nevin, Herzfeld & Benjamin, Boise, for appellant. Alan C. Herzfeld argued.

Elam & Burke, P.A., Boise, for respondents. Bobbi K. Dominick argued.

WALTERS, Justice

In this appeal, the International Association of Firefighters, Local No. 672 (the Union) seeks review of a district court decision denying the Union declaratory relief and an injunction precluding the City of Boise from implementing a subcontract with the Idaho National Guard (IDANG) to provide Air Rescue Fire Fighting (ARFF) services at the Boise municipal airport. We hold that the contracts with IDANG do not violate the Idaho Constitution or the Idaho Civil Service Act. We further hold that the City is obligated under the collective bargaining agreement with the Boise firefighters to arbitrate grievances and also is obligated by statute to negotiate in good faith the terms and conditions of the firefighters' employment. Accordingly, we affirm in part but reverse the decision of the district court on the two latter grounds, and we remand the matter for entry of a declaratory judgment in accordance with this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

Since 1967, the Boise Fire Department has provided ARFF services for the protection of civilian and commercial aircraft at the Boise airport. The department operated out of Station # 7 and consisted of a division chief and nine firefighters, with two crash rescue vehicles and a command vehicle. At nearby Gowen Field, IDANG maintained a daytime ARFF contingent, and through a joint fireprotection agreement with the City of Boise dating at least as far back as 1974, IDANG has aided in ARFF responses at the Boise airport. Under these joint agreements, the Boise Fire Department was the primary provider.

After study, public comment, and discussions with the Union and IDANG employees, the Boise City Council in March of 1998 decided to continue this cooperation with IDANG to maximize the resources of both entities. The City's proposal called for responsibility for crash, fire and rescue efforts at the Boise airport and Gowen Field to be consolidated at the existing fire station at Gowen Field. The proposed agreement called for an annual payment of $450,000 by the City to IDANG plus reimbursement to the National Guard for all supplies used in responding to civil emergencies. In June of 1998, the City Council adopted a resolution authorizing the Mayor and the City Clerk to execute an ARFF Implementation Agreement between the Boise Air Terminal and IDANG and an Airport Joint Use Agreement. These agreements transferred primary responsibility to IDANG for airport firefighting and crash rescue services for all aircraft emergencies, whether civilian or military, and allowed the City to reassign firefighters at Station 7 who were dedicated solely to ARFF duties.

The Union construed the action of the City to be a subcontract of ARFF services, which the Union immediately grieved pursuant to the Collective Labor Agreement (CLA) in effect with the City at the time. The CLA, which covers the terms and conditions of employment of the City's firefighters, first came into existence in 1971 following the passage of the Idaho Firefighters Collective Bargaining Act, which has been codified as I.C. § 44-1801 et seq. From 1975, the CLA has incorporated by reference the Boise City Service Ordinances, Rules and Regulations and included a grievance and arbitration mechanism for the resolution of contractual disputes. In 1976, negotiations between the City and Local 672 of the Union resulted in an addition to the CLA of a Management Rights clause, which has remained essentially unchanged in the parties' successive CLAs.

In their grievance dated June 16, 1998, the Union sought rescission of the Airport Joint Use Agreement and the ARFF Implementation Agreement, which the Union contended would usurp bargaining unit work in violation of Article 2, Section I (Management Rights) and Article 6, Section J (Rules and Regulations) of the CLA. An amended grievance dated July 23, 1998, specifically alleged that the City's impending contracting out of civilian ARFF services would violate the CLA in the following manner:

(1) The services traditionally and historically performed by the ARFF Company were bargaining unit work.

(2) The "contracting" clause of Article 2, Section I (Management Rights) was not intended to, and does not allow the City to contract out bargaining unit work.

(3) The contracting out of civilian ARFF services would violate Boise City Civil Service ordinances that have been incorporated by reference into the CLA by Article 6, Section J (Rules and Regulations).

(4) The contracting out would violate the requirement of Article 5, Section E (Minimum Manning) that all ARFF vehicles be manned with a minimum of one qualified firefighter, referring to Boise City Fire Department firefighters.

(5) The contracting out would violate Appendix A3 (Special Teams), by depriving members of the Airport Engine Company who are ARFF certified of specialty pay.

(6) The impending displacement and involuntary transfer of Boise Fire Department ALRFF Company members would violate Article 2, Section D (Discrimination) in that it would adversely affect those members' compensation, terms, conditions or privileges of employment because of non-meritorious factors or factors which do not constitute bona fide occupational requirements.

The existing CLA expired, and some time before the Union and the City renegotiated a new agreement, the City signed agreements contracting all ARFF services from IDANG. On July 31, 1998, the Union filed a complaint for declaratory relief as to whether the City's actions violated the Civil Service statutes, a contractual obligation to arbitrate the grievance, and the City's statutory obligations under the collective bargaining statutes. The complaint also requested injunctive relief, seeking to forestall implementation of the newly formed agreements between the City and IDANG, pending arbitration.

On August 14, 1998, the Union submitted a second amended grievance to arbitration pursuant to the CLA. Although the City did not respond to the amended grievance, the City answered the complaint and counterclaimed. In its pleadings, the City sought a declaration from the district court that the City was not required either to arbitrate or to collectively bargain with the Union over its decision to contract out civilian ARFF services to IDANG.

An evidentiary hearing on the Union's motion for preliminary injunction was held on August 27, 1998. On that date, the parties stipulated to stay implementation of the Airport Joint Use Agreement and the ARFF Implementation Agreement pending the Court's decision on the motion for an injunction. The district court issued a memorandum decision denying the motion on October 8, 1998.

The Union was granted leave to amend its complaint to reflect its prayer seeking declaratory relief on the same grounds originally asserted in its request for injunctive relief. Thereafter, the Union moved the district court for a final judgment. On May 7, 1999, the district court issued a final judgment denying all declaratory relief sought "consistent with and for the reasons stated in the October 8, 1998, memorandum decision."

On appeal, the Union raises three issues:

1. Do the Airport Joint Use Agreement and the ARFF Implementation Agreement between the City and IDANG violate Idaho's Civil Service laws and the Idaho Constitution so as to be rendered invalid and unconstitutional?

2. Does the Collective Labor Agreement between the parties make arbitration of the Union's grievance compulsory?

3. Does the Collective Bargaining Act (I.C. § 44-1801 et seq.), require the parties to negotiate in good faith the City's decision to contract out ARFF services to IDANG?

STANDARD OF REVIEW

A district court's findings of fact will not be set aside unless they are clearly erroneous. Carney v. Heinson, 133 Idaho 275, 985 P.2d 1137 (1999); I.R.C.P. 52(a). Conclusions of law must be "sustained by the facts found." Chen v. Conway, 121 Idaho 1000, 1004, 829 P.2d 1349, 1353 (1992), citing Willis v. Willis, 33 Idaho 353, 357-58, 194 P. 470, 472 (1920). When an action is tried to a court without the benefit of a jury, the determination as to credibility of witnesses, weight to be given their testimony and its probative effect and inferences, and conclusions to be drawn therefrom, are all matters within the province of the trial court. Idaho Power Co. v. Cogeneration, Inc., 134 Idaho 738, 9 P.3d 1204 (2000). A reviewing court will not substitute its view for that of the district judge. Marshall v. Blair, 130 Idaho 675, 679, 946 P.2d 975, 979 (1997). On appeal, a reviewing court will not disturb the district court's findings if supported by substantial and competent evidence; however, the reviewing court is not bound by legal conclusions of the district court and is free to draw its own conclusions from the facts presented. Cluff v. Bonner County, 126 Idaho 950, 895 P.2d 551 (1995).

DISCUSSION

1. Does the City's decision to subcontract ARFF services violate Idaho Civil Service Laws and thus Idaho Constitution Article XII, Section 2?

Article XII, section 2 of the Idaho Constitution provides: "Any county or incorporated city or town may make and enforce, within its limits, all such local police, sanitary and other regulations as are not in conflict with its charter or with the general laws." The City of Boise, a...