Nucleonics Alliance, Local Union No. 1-369, Oil, Chemical and Atomic Workers Intern. Union, AFL-CIO v. Washington Public Power Supply System (WPPSS)

• Decision Date: 02 February 1984
• Docket Number: AFL-CI,Nos. 48438-4,R,A,49578-0,s. 48438-4
• Citation: 101 Wn.2d 24,677 P.2d 108
• Parties: NUCLEONICS ALLIANCE, LOCAL UNION NO. 1-369, OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION,ppellant, v. The WASHINGTON PUBLIC POWER SUPPLY SYSTEM (WPPSS) and the Public Employment Relations Commission, State of Washington (PERC), Respondents. WASHINGTON PUBLIC POWER SUPPLY SYSTEM (WPPSS), Appellant, v. NUCLEONICS ALLIANCE, LOCAL UNION NO. 1-369, OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION; and International Union of Oil, Chemical and Atomic Workers,espondents.
• Court: Washington Supreme Court

Page 24

101 Wn.2d 24

677 P.2d 108

NUCLEONICS ALLIANCE, LOCAL UNION NO. 1-369, OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, AFL-CIO, Appellant, v. The WASHINGTON PUBLIC POWER SUPPLY SYSTEM (WPPSS) and the

Public Employment Relations Commission, State of

Washington (PERC), Respondents.

WASHINGTON PUBLIC POWER SUPPLY SYSTEM (WPPSS), Appellant, v. NUCLEONICS ALLIANCE, LOCAL UNION NO. 1-369, OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION; and International Union of Oil, Chemical and Atomic Workers, AFL-CIO, Respondents.

Nos. 48438-4, 49578-0.

Supreme Court of Washington En Banc.

Feb. 2, 1984.

Critchlow & Williams, David E. Williams, Kenneth Pedersen, Richland, for Nucleonics Alliance.

Schweppe, Doolittle, Krug, Tausend & Beezer, Jerome L. Rubin, Robert J. Rohan, Seattle, for Washington Public Power Supply System.

Ken Eikenberry, Atty. Gen., Richard A. Heath, Asst. Atty. Gen., Olympia, for Public Employment Relations Comn.

DORE, Justice.

This appeal involves consolidated cases. In the first, Nucleonics Alliance, Local 1-369, Oil, Chemical and Atomic Workers International Union, AFL-CIO (Nucleonics) appeals the trial court's grant of summary judgment of dismissal in a declaratory judgment action in favor of Washington Public Power Supply System (WPPSS) and Public Employment Relations Commission (PERC). Nucleonics brought this action to determine whether PERC was legally required to process Nucleonics' representation petition pursuant to the Public Employees' Collective Bargaining Act, RCW 41.56.

In the second case, WPPSS appeals the trial court's dismissal of a declaratory judgment action it brought to prohibit Nucleonics from representing WPPSS security guards because it represents and is affiliated with unions which represent nonguard WPPSS employees.

In the first case, we hold that PERC has jurisdiction under RCW 41.56 over the labor relations between WPPSS and its employees and is required to process the election petition of such employees and reverse the trial court. In the second, we hold that Nucleonics can represent WPPSS guards even though such union is affiliated with a union which represents nonguard employees of WPPSS, and affirm the trial court.

I

WPPSS is a joint operating agency established in 1957 under RCW 43.52. It is a municipal corporation. RCW 43.52.250. Its members are 19 public utility districts and four cities, Ellensburg, Richland, Seattle and Tacoma. It has authority to acquire, build, operate and own power plants and systems for the generation and transmission of electricity. RCW 43.52.300.

When this litigation was instituted, there were under construction five WPPSS nuclear power plants: three on the Hanford Nuclear Reservation and two near Satsop, Washington. At the present time, only nuclear plant 2 at Hanford continues under construction.

Nucleonics is a labor organization headquartered in Richland, Washington. Nucleonics is a member of the Central Labor Council and the Hanford Atomic Metal Trade Council and is affiliated with the AFL-CIO. All 4,727 employees working for contractors building nuclear plant 2 are members of unions also belonging to these councils and are affiliated with the AFL-CIO. The Central Labor Council and Hanford Atomic Metal Trade Council are mutual aid and protection union groups whose member unions support each other in strikes.

The security guards are presently independent and have no union affiliation.

In 1981, Nucleonics started an organization drive. In an effort to bring the benefits of collective bargaining to the security guards, Nucleonics petitioned PERC to supervise an election among the guards to determine if they desired to be represented by Nucleonics for collective bargaining purposes. PERC is an agency of the State of Washington entrusted by the Legislature with administering the Public Employees' Collective Bargaining Act, RCW 41.56.

WPPSS objected to the petition and PERC refused to process the same on the ground that it was foreclosed from doing so under the provisions of RCW 41.56.020, 54.04.170 and 54.04.180.

Nucleonics then brought the subject lawsuit in the Superior Court for Benton County seeking a declaratory judgment that PERC had the authority and obligation to process the petition. WPPSS, supported by PERC, moved for summary judgment of dismissal which was granted.

WPPSS subsequently brought a separate declaratory judgment action to prohibit Nucleonics from representing WPPSS security guards because it represents, and is affiliated with, unions which represent nonguard employees. The Benton County Superior Court entered a summary judgment of dismissal, holding that Nucleonics could represent WPPSS security guards, and that neither Washington law nor its public policy prohibit it.

II

In the first case, we are asked to determine whether PERC has jurisdiction under RCW 41.56 over labor relations between WPPSS and its employees.

A history of this labor legislation is helpful in reaching our decision.

In 1967, the Legislature enacted the Public Employees' Collective Bargaining Act, RCW 41.56, declaring in RCW 41.56.010:

The intent and purpose of this chapter is to promote the continued improvement of the relationship between public employers and their employees by providing a uniform basis for implementing the right of public employees to join labor organizations of their own choosing and to be represented by such organizations in matters concerning their employment relations with public employers.

The jurisdictional provision, RCW 41.56.020, provides:

This chapter shall apply to any county or municipal corporation, or any political subdivision of the state of Washington except as otherwise provided by RCW 47.64.030, 47.64.040, 54.04.170, 54.04.180, 28.72.010 through 28.72.090, and chapter 53.18 RCW.

WPPSS and PERC successfully argued to the trial court that RCW 54.04.170 and 54.04.180 exempted WPPSS and its employees from RCW 41.56. RCW 54.04.170 provides:

Employees of public utility districts are hereby authorized and entitled to enter into collective bargaining relations with their employers with all the rights and privileges incident thereto as are accorded to similar employees in private industry.

(Italics ours.)

RCW 54.04.180 provides:

Any public utility district may enter into collective bargaining relations with its employees in the same manner that a private employer might do and may agree to be bound by the result of such collective bargaining.

(Italics ours.)

These provisions expressly apply to public utility districts and their employees. Consequently, the resolution of this issue turns upon whether WPPSS is a "public utility district" (PUD) for the purposes of a statutory exception from RCW 41.56.

Since the question is one of statutory interpretation, we approach it with the applicable rules of statutory construction in mind. The basic rule is that a statute should be construed in light of the legislative purpose behind its enactment. Washington State Nurses Ass'n v. State Bd. of Med. Examiners, 93 Wash.2d 117, 121, 605 P.2d 1269 (1980). The declared purpose of RCW 41.56 is implementation of the right of public employees to join and be represented by labor organizations. International Ass'n of Firefighters Local 469 v. Yakima, 91 Wash.2d 101, 109, 587 P.2d 165 (1978). RCW 41.56, being remedial in nature, is entitled to a liberal construction to effect its purpose. Firefighters, at 109, 587 P.2d 165; Roza Irrig. Dist. v. State, 80 Wash.2d 633, 639, 497 P.2d 166 (1972).

A policy requiring liberal construction is a command that the coverage of an act's provisions be liberally construed and that its exceptions be narrowly confined. Hearst Corp. v. Hoppe, 90 Wash.2d 123, 138, 580 P.2d 246 (1978); Mead Sch. Dist. 354 v. Mead Educ. Ass'n, 85 Wash.2d 140, 145, 530 P.2d 302 (1975).

The statutory scheme establishes that this chapter shall apply to any municipal corporation of the state unless it falls within specific exceptions. Whether or not it does is a function reserved for the judiciary. The court is the proper body to determine the construction and interpretation of statutes. Thus, even when the court's interpretation is contrary to that of an agency charged with carrying out the law, it is ultimately for the courts to declare the law and the effect of the statute. Hearst, at 130, 580 P.2d 246.

A broad construction of the exception, RCW 54.04.170 and RCW 54.04.180, from the covered class of municipal corporations would not effect the purpose of providing the right of public employees to join and be represented by labor organizations. See Firefighters, 91 Wash.2d at 109, 587 P.2d 165.

Among the provisions conferring powers and duties upon a joint operating agency, RCW 43.52.391 provides in part:

Except as otherwise provided in this section, a joint operating agency shall have all powers now or hereafter granted public utility districts under the laws of this state.

Although WPPSS has been granted some of the same powers and duties that are applicable to PUD's, it does not mandate that WPPSS be considered a PUD for the purposes of an exception from RCW 41.56.

In contrast with the powers granted to PUD's by RCW 54.16, under RCW 43.52.391 a joint operating agency has a number of restrictions. Among other things it

shall not acquire nor operate any electric distribution properties nor condemn any properties owned by a public utility which are operated for the generation and transmission of electric power and energy ... nor levy taxes, issue general obligation bonds, or create subdistricts.

(Italics ours.)

A PUD is empowered to operate electric distribution lines (RCW 54.16.040), condemn properties owned by a public utility (RCW 54.16.020), levy taxes (RCW 54.16.080) and issue general obligation bonds (RCW 54.16.070).

WPPSS was not established pursuant to the Public Utility Districts Act, RCW Title 54, but was established as a joint operating agency under RCW 43.52 as a...