Local 2916, IAFF v. Public Employment Relations Com'n

• Decision Date: 21 December 1995
• Docket Number: No. 62282-5,62282-5
• Citation: 128 Wn.2d 375,907 P.2d 1204
• Court: Washington Supreme Court
• Parties: , 152 L.R.R.M. (BNA) 2668 LOCAL 2916, IAFF, Respondent, v. PUBLIC EMPLOYMENT RELATIONS COMMISSION, Appellant. INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1789, Respondent, v. PUBLIC EMPLOYMENT RELATIONS COMMISSION, Appellant.

Page 375

128 Wn.2d 375

907 P.2d 1204, 152 L.R.R.M. (BNA) 2668

LOCAL 2916, IAFF, Respondent, v. PUBLIC EMPLOYMENT RELATIONS COMMISSION, Appellant.

INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1789, Respondent, v. PUBLIC EMPLOYMENT RELATIONS COMMISSION, Appellant.

No. 62282-5.

Supreme Court of Washington En Banc.

Dec. 21, 1995.

As Amended Jan. 26, 1996.

Christine Gregoire, Attorney General, Spencer Daniels, Asst., Olympia, for appellant.

Barry E. Ryan, Spokane, for respondent.

ALEXANDER, Justice.

The question presented in this case is whether the Public Employment Relations Commission (PERC) has jurisdiction to rule on a worker's complaint that a labor organization's use of the employee's agency fee is an unfair labor practice, when the worker's challenge is based on other than religious grounds. Because it is settled law that PERC has only been given authority by the Legislature to determine whether an alleged unfair labor practice affects a right protected by statute, and because we conclude that there has been no showing that the only relevant statutorily protected right, "the right of nonassociation of public employees based on bona fide religious tenets," RCW 41.56.122(1), has been affected, let alone violated, we affirm the trial court's ruling dismissing, for want of jurisdiction, the unfair labor practice complaints that are the subject of this appeal.

The cases before us originated when separate unfair labor practice complaints were filed with PERC by employees of two public entities located in Spokane County. In their complaints, each of the employees alleged that a labor organization improperly used a portion of the so-called "agency fees" that the employees were required to pay to the union for activities that were unrelated to representation of employees under the collective bargaining agreements. ¹

Two of the complaints were filed by James and Janice Panknin, employees of Spokane County Fire Protection District 9 (District). Spokane County Fire Dist. 9, Decs. 3773-A & 3774-A (PERC 1992). Their complaints were precipitated when the membership of their union, Local 2916 of the International Association of Fire Fighters, voted to impose a special, one-time assessment on bargaining unit members in order to establish a "bargaining unit member assistance program." Compl. Charging Unfair Labor Practices, Statement of Facts at 3. The purpose of this program was to provide financial assistance to employees who "lost income due to discipline by the District and for employees suffering a wide range of problems." Compl. Charging Unfair Labor Practices, Statement of Facts at 4. The Panknins objected to the assessment, refused to pay it, and eventually resigned their memberships in the union. Local 2916 then threatened to invoke a bargaining agreement provision that permitted the union to request that the District discharge the Panknins for failing to pay the assessment. The Panknins then paid the assessment under protest, and filed their complaints with PERC alleging that the union's requirement that the Panknins pay the assessment constituted an unfair labor practice because the assessment contributed to union activities that were unrelated to collective bargaining or representation.

The other complainant is George Wickholm, a Spokane International Airport employee. Spokane Airport Bd., Dec. 4153-A (PERC 1993). The incident that triggered Wickholm's complaint occurred after the union to which he belonged, Local 1789 of the International Association of Fire Fighters, "started to enforce a tee shirt regulation that the employer and union had established as an optional part of the [bargaining agreement]." Compl. Charging Unfair Labor Practices, Statement of Facts at 3. Wickholm claims that under this newly enforced dress code, employees were required to wear a particular style of tee shirt, which they had to purchase at their own expense. Wickholm objected, but was informed by another union member that he was required to follow the dress code. Wickholm then notified the union that he was resigning from the union. He also requested that the monthly agency fee that he paid to the union be adjusted to reflect only the actual cost of representation. After the President of Local 1789 informed Wickholm that the Executive Board had voted to assess an agency fee that was equal to the amount of union dues, Wickholm filed a complaint with PERC, contending that it was an unfair labor practice for the union to require him to pay a monthly agency fee in that amount.

At each of the hearings before PERC on the aforementioned complaints, the unions asserted an affirmative defense that PERC lacked jurisdiction to hear the complaint. In each case, a PERC hearing examiner rejected that defense and found, as a matter of law, that the union had committed unfair labor practices. See Spokane Airport Bd. at 5; Spokane County Fire Dist. 9 at 4. PERC upheld the examiners' rulings on review. Spokane Airport Bd. at 9; Spokane County Fire Dist. 9 at 10-11.

Local 2916 and Local 1789 appealed the adverse ruling to the Spokane County Superior Court, which consolidated the appeals. The unions together moved for summary judgment, again arguing that PERC lacked jurisdiction to hear the complaints. Specifically, they claimed that PERC was without jurisdiction to hear these challenges to agency fees because the challenges were not based on religious grounds. ² The superior court agreed with the unions and granted their motion, reversing PERC's decisions. PERC then sought direct review by this court, and we accepted review. ³

Although this court generally accords great deference to PERC's interpretation of the law it administers, Public Employment Relations Comm'n v. City of Kennewick, 99 Wash.2d 832, 842, 664 P.2d 1240 (1983), as an administrative agency, PERC has no more authority than is granted to it by the Legislature. See Kaiser Aluminum & Chem. Corp. v. Department of Labor & Indus., 121 Wash.2d 776, 780, 854 P.2d 611 (1993). Determining the extent of that authority is a question of law, which is a power ultimately vested in this court. RCW 34.05.570(3)(b) (A reviewing court may reverse an order of an administrative agency that exceeds its jurisdiction.).

Among the powers that the Legislature has given to PERC is the authority to "prevent any unfair labor practice and to issue appropriate remedial orders." RCW 41.56.160(1). Unfair labor practices are defined by statute. See RCW 41.56.140, .150. The latter statute, RCW 41.56.150(1), defines unfair labor practices by bargaining representatives, and provides that it is an unfair labor practice for a bargaining representative to interfere with "rights guaranteed by this chapter." Insofar as union security provisions, or "agency fees," are concerned, RCW 41.56.122(1) defines the right of employees that must be safeguarded in collective bargaining agreements, in part, as follows:

agreements involving union security provisions must safeguard the right of nonassociation of public employees based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member. Such public employee shall pay an amount of money equivalent to regular union dues and initiation fee to a nonreligious charity....

RCW 41.56.122(1) (emphasis added).

PERC assigns error to the superior court's order granting summary judgment and reversing PERC's determination that it had jurisdiction to hear the complaints. Our review of PERC's orders is limited to the administrative record, without regard to the trial court decision. Franklin County Sheriff's Office v. Sellers, 97 Wash.2d 317, 323-24, 646 P.2d 113 (1982), cert. denied, 459 U.S. 1106, 103 S.Ct. 730, 74 L.Ed.2d 954 (1983).

PERC claims here that the superior court wrongly concluded that it was without jurisdiction to hear the Panknins' and Wickholm's complaints challenging, on grounds other than a religious objection, the requirement that the complainants pay the full amount of their agency fees.

The fundamental underpinning of PERC's position is that, in addition to the express authority granted to PERC by RCW 41.56.122(1) to protect employees against a union's use of agency fees for purposes that offend an employee's religious freedom, PERC has implied authority to assure that agency fees are not used by a labor organization in a way that violates any constitutionally protected rights of the employees. ⁴ PERC contends that this is so because "[t]hese rights are implicit in the statute permitting unions to contract for agency fee provisions." Br. of Appellant at 9 (emphasis added).

In making this assertion, PERC relies heavily on our decision in Grant v. Spellman, 99 Wash.2d 815, 819, 664 P.2d 1227 (1983) (Grant II). Br. of Appellant at 8-9, 20-21. PERC contends that Grant II requires this court to construe RCW 41.56.122(1) "in such a way as to avoid any constitutional difficulties." Br. of Appellant at 21 (emphasis added).

PERC misreads the breadth and scope of our decision in Grant II. As here, RCW 41.56.122(1) was the statute upon which the court focused in that case. Our central holding there was that in enacting the statute, the Legislature did not "distinguish between personal and denominational religious beliefs." Grant II, 99 Wash.2d at 820, 664 P.2d 1227. Thus, in Grant II, we merely construed the statute to mean that a person could claim an exemption from union dues "based on either (1) bona fide religious tenets, or (2) teachings of a church or religious body of which the person is a member," avoiding what the court considered to be "serious constitutional difficulties." Grant II, 99 Wash.2d at 819, 664 P.2d 1227. We did not, as PERC suggests, conclude that the scope of PERC's authority had expanded to decide agency fee challenges outside of the scope of the statutory religious exemption.

PERC also incorrectly interprets the effect on this case of the decisions of the United States...