State ex rel. Fire Fighters Local 279, I. A. F. F. v. Kingham
| Decision Date | 22 November 1966 |
| Docket Number | No. 3552,3552 |
| Citation | 420 P.2d 254 |
| Parties | The STATE of Wyoming on the relation of FIRE FIGHTERS LOCAL 279, I.A.F.F., and L. K. Henning, Plaintiffs, v. Herbert KINGHAM, Mayor and Commissioner of the City of Cheyenne, Floyd Holland, Commissioner of the City of Cheyenne, and George Dubois, Commissioner of the City of Cheyenne, Defendants. |
| Court | Wyoming Supreme Court |
Kline & Tilker, James A. Tilker, Cheyenne, for appellant.
A. Joseph Williams, City Atty., and Robert L. Duncan, Asst. City Atty., Cheyenne, for defendants.
Before PARKER, C. J., and HARNSBERGER, GRAY, and McINTYRE, JJ.
In 1965 the legislature of this state passed an Act entitled 'AN ACT to provide for settlement of disputes concerning wages or rates of pay and other terms and conditions of employment of employees of fire departments.' Ch. 197, S.L. of Wyoming, 1965 (Tit. 27, Ch. 14, W.S.1957, 1965 Cum.Supp.). For convenience we summarize the several sections of the Act. Section 27-265, W.S.1957, 1965 Cum.Supp., defines 'fire fighters' to mean paid members of any regularly constituted fire department in any city, town, or county within the state. Under §§ 27-266 and 27-267, 'fire fighters,' through their authorized bargaining agent, are granted the right to bargain collectively with their employer concerning 'wages, rates of pay, working conditions and all other terms and conditions of employment.' Section 27-268 makes it the duty of the municipal authorities to meet and confer in good faith with the bargaining agent within ten days after receipt of notice by the agent that a meeting is desired for collective bargaining purposes. Section 27-269 provides that if agreement has not been reached within 30 days from the first meeting then 'all unresolved issues shall be submitted to arbitration.' Under § 27-270, the bargaining agent and the corporate authorities are each to name one arbitrator and those two select a third. Section 27-271 provides that 'Arbitration shall proceed pursuant to the provisions of the Uniform Arbitration Act.' Section 27-272 provides:
'Any agreements actually negotiated between the bargaining agent and the corporate authorities either before, or within thirty (30) days after arbitration, shall constitute the collective bargaining contract governing fire fighters and said city, town or county for the period stated therein, provided that term of such contract shall not exceed one (1) year.'
Lastly, § 27-273 provides that whenever rates of pay or any other matter requiring appropriation of money by the subdivision is included in the subject matter of collective bargaining, the agent of the 'fire fighters' will serve written notice not less than 120 days prior to the last day on which the funds necessary to meet the terms of the agreement may be appropriated.
The proceeding here directly involves most of the foregoing provisions. There is no dispute as to the facts. Plaintiff was selected as the bargaining agent for the 'fire fighters' in the City of Cheyenne. The defendants are the duly elected, qualified, and acting members of the city council. On April 19, 1966, the defendants met with the bargaining agent of the 'fire fighters' to renegotiate a collective bargaining agreement. The parties were unable to agree upon all of the proposed terms and pursuant to statute the bargaining agent requested arbitration. The defendants refused to comply and thereupon plaintiff filed its petition in the district court for a writ of mandamus to require the defendants to select and name an arbitrator. It also sought an alternative writ to require compliance by the defendants with any award made by the arbitrators. The trial court, upon the filing of the complaint on May 24, 1966, granted a peremptory writ requiring defendants immediately to select an arbitrator and to proceed with arbitration pursuant to § 27-271. It also entered an alternative writ directing that the defendants comply with any award made by the arbitrators, or in the alternative to appear some 40 days later and show cause why such award should not be complied with. On the day following the issuance of the peremptory writ the defendants advised the court that an arbitrator had been selected and shortly thereafter the selection of the arbitrators was completed.
On June 23, 1966, the arbitrators proceeded to hold a hearing and thereafter made an award in writing. The award, among other things, recites that the parties appeared and presented their evidence; that the parties had reached agreement with respect to certain of the provisions of the proposed collective bargaining agreement; and that the only unresolved issues related to the provisions concerning wages and hours of work. Those issues were resolved, but inasmuch as we are not here concerned with the details we do not set them forth.
In substance, the terms which the parties agreed upon without arbitration were that the agreement would remain in effect until June 30, 1967; that its terms would apply to all 'fire fighters' of the Cheyenne Fire Department; that a vacation of 15 days with pay would be afforded after one year's service with the department; that grievances of any fireman would be handled in keeping with a prescribed procedure; that the members of Local 279 would not 'engage in any form of strike or other work stoppage against the City'; that civil service rules and regulations theretofore adopted would apply when not inconsistent with the agreement; that certain holidays were to be observed and provision made for equal time off or compensatory pay; and that sick leave would be granted under prescribed conditions. Subsequent to arbitration-as appears to be contemplated by § 27-272-the parties agreed upon the hours of labor.
On June 30, 1966, the defendants regularly met as the City Council of the City of Cheyenne and by resolution unanimously decided to reject the schedule of wages awarded by the arbitrators; to continue in force the 1965-1966 wage scale; to authorize the city attorney to proceed to institute legal proceedings to challenge such award on the grounds that the 1965 Act of the legislature was unconstitutional; and with the exception of wages directed the mayor and the city clerk to execute a 'Collective Labor Agreement' on behalf of the city. On that same date such an agreement was entered into by the city and by the plaintiffs, reserving rights of both parties as to the matter of wages.
Following this, the city filed its answer to the alternative writ above described wherein among other things the trial court was informed of the foregoing matters and advised that the defendants' refusal to accept the award of the arbitrators was based upon a belief held by the defendants that the Act providing for collective bargaining by city firemen was unconstitutional in that it was in contravention of Act. 3, § 37, and Art. 3, § 27 of the Wyoming Constitution. When the matter came on for hearing before the trial court, the court concluded that important and difficult constitutional questions were presented in the action and on its own motion, pursuant to the provisions of § 1-191, W.S.1957, ordered that such questions be reserved and sent here for determination. In addition thereto the court found that there was no dispute with respect to the facts; that the defendants without prejudice budgeted sufficient monies to cover the award of the arbitrators pending determination of the constitutional questions; that the parties had agreed upon a no-strike or work-stop-page clause; had agreed upon the hours of labor and general working conditions with respect thereto; and that such conditions and the nature of employment of paid firemen are matters of common knowledge of which the court took judicial notice. The court concluded as a matter of law that the award of the arbitrators under §§ 27-269 and 27-271 was mandatory and binding upon the parties and not merely advisory in nature to the defendants. The questions submitted are:
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