Buchanan v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers

617 P.2d 1004, 94 Wash. 2d 508, 1980 Wash. LEXIS 1376, 105 L.R.R.M. (BNA) 3461

• Court: Washington Supreme Court
• Decided: October 9, 1980
• Docket: 46647
• Status: Published

Opinions

Brachtenbach, J.

A labor strike by members of Independent Local 313 in Tacoma (Local), of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers (International) is the source of this lawsuit. Plaintiff, not a union member, drove a delivery truck across the picket lines. He alleges that he was severely beaten by the individual union member defendants. He also sued the Local, the International and the trustee appointed by the International, since the Local was in trusteeship at the time of the incident.

The question is whether the construction of RCW 49.32.070¹ announced in Titus v. Tacoma Smeltermen's Local 25, 62 Wn.2d 461, 383 P.2d 504 (1963), should continue as the law in this state. An opposite result was reached 3 years later in United Mine Workers v. Gibbs, 383 U.S. 715, 16 L. Ed. 2d 218, 86 S. Ct. 1130 (1966). The United States Supreme Court was construing an identical federal statute.

Feeling bound by the Titus decision, the trial court found that there was an issue of material fact and denied the motion for summary judgment submitted by the unions. We affirm the trial court.

If the statute is applicable, it contains two requirements. Liability will attach to the union, its officers and members only upon (1) clear proof of (2) actual participation in, or actual authorization of unlawful acts of individual officers, members or agents, or ratification of such acts after actual knowledge thereof. This would be a substantial variation of the usual rules of vicarious agency liability and proof thereof.

In Titus v. Tacoma Smeltermen's Union, supra, we held that RCW 49.32.070, with its high standard of proof and limitation of vicarious liability, did not apply to tort actions of this nature.

Instead the court ruled that the general rules of agency law were applicable. The court said at page 469:

We agree with the plaintiffs that the general rules of agency law should be applied in this case. It is the general rule that a master may be held liable for the tortious acts of his servant, although he may not know or approve of them, if such acts are done within the scope of the employment. . .

RCW 49.32.070 is part of the "little" Norris-LaGuardia Act, so called since it was patterned after the federal act, 29 U.S.C. §§ 101 et seq. Our statute, RCW 49.32.070, is identical to 29 U.S.C. § 106, except for the reference to the courts to which each is applicable.

In United Mine Workers v. Gibbs, supra, the court specifically applied section 106 to a claim under state tort law which was brought in federal court. It held that the proof in that case did not meet the special proof requirements of section 106. It traced legislative history, including the subsequent enactment of the Labor Management Relations Act, 29 U.S.C. §§ 141-187 which imposes liability upon unions and their members under ordinary doctrines of agency rather than the more stringent standards of section 106. It found that the legislature intentionally did not repeal section 106 in view of the court's prior construction of section 106 in United Bhd. of Carpenters v. United States, 330 U.S. 395, 91 L. Ed. 973, 67 S. Ct. 775 (1947).

To the contrary, in Titus our court rejected such a reading of the Carpenters case. Rather it looked to the title of RCW 49.32 and read therefrom a legislative intent to limit that act, and therefore 49.32.070, to restraining orders, injunctions, and contempt matters arising out of labor disputes.

Petitioners urge us to overrule Titus. It is contended that Titus was in error because the language of the statute is not ambiguous and thus examination of the title and interpretation by the court was both unnecessary and improper. Ayers v. Tacoma, 6 Wn.2d 545, 557, 108 P.2d 348 (1940).

The question is close, particularly in hindsight, since the Gibbs case reached a contrary result.

However, there is one fact which leads us to reaffirm Titus and leave the ultimate resolution of this issue to the legislature. That fact is that Titus was decided in 1963. Since then the legislature has met in 22 sessions. The legislature is presumed to know the decision in Titus and its eifect. State v. Fenter, 89 Wn.2d 57, 569 P.2d 67 (1977); Daly v. Chapman, 85 Wn.2d 780, 539 P.2d 831 (1975). It has never amended the statute.

The legislature, within constitutional constraints, is the body to make the policy decisions on this matter. The failure of the legislature to amend the statute in the 17 years since the Titus decision was rendered convinces us that it was and is the policy of the legislature to concur in that result.

We therefore defer to the legislative conclusion of inaction which affirms the result of Titus, decline to reexamine it, and remand to the trial court for trial upon the merits consistent with this opinion.

It is so ordered.

Rosellini, Stafford, Hicks, and Williams, JJ., and Hamilton, J. Pro Tem., concur.

1 RCW 49.32.070:

"No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute, shall be held responsible or liable in any court of the state of Washington for the unlawful acts of individual officers, members, or agents, except upon clear proof of actual participation in, or actual authorization of, such acts, or of ratification of such acts after actual knowledge thereof."