City of Great Falls v. Young ex rel. Construction & General Laborers' Local No. 1334

686 P.2d 185, 211 Mont. 13, 1984 Mont. LEXIS 949, 119 L.R.R.M. (BNA) 2682
CourtMontana Supreme Court
DecidedJune 19, 1984
DocketNo. 84-38
StatusPublished
Cited by2 cases

This text of 686 P.2d 185 (City of Great Falls v. Young ex rel. Construction & General Laborers' Local No. 1334) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Great Falls v. Young ex rel. Construction & General Laborers' Local No. 1334, 686 P.2d 185, 211 Mont. 13, 1984 Mont. LEXIS 949, 119 L.R.R.M. (BNA) 2682 (Mo. 1984).

Opinion

MR. JUSTICE GULBRANDSON,

delivered the Opinion of the Court.

The City of Great Falls (City) appeals from an order of the District Court of the Eighth Judicial District, Cascade County, affirming an order of the Board of Personnel Appeals (Board) awarding back pay and restoring certain contractual benefits to complainant Bruce Young on account of an unfair labor practice committed against Young by the City. We affirm.

This is the third instance in which this Court has been petitioned to resolve matters arising out of a labor dispute between the City and Young and his union. In Young v. [16]*16City of Great Falls (Mont. 1981), 632 P.2d 111, 38 St.Rep. 1317 (Young I), this Court addressed the propriety of joining the Board as a necessary party to any judicial review in District Court of a Board order. A year later, in Young v. City of Great Falls (Mont. 1982), [197 Mont. 349,] 646 P.2d 512, 39 St.Rep. 1047 (Young II), this Court affirmed a judgment by the District Court affirming a Board decision that the City had committed an unfair labor practice in its dealings with Young. Subsequent to that appeal, on September 30, 1982, a hearings examiner for the Board conducted a hearing for the purpose of designing an appropriate remedial order. The examiner’s recommended order, dated January 7, 1983, was appealed by the City to the Board. The Board adopted the order without alteration on March 9, 1983. The City appealed this decision to the District Court, but the court affirmed. The City’s challenge to the remedial order is now before this Court.

The remedial order fashioned by the examiner and affirmed by the Board and the District Court has three essential components: (1) that the City tender to Young back pay in the amount of $9,633.66 (less amounts deducted by state and federal agencies for contribution to Social Security, Public Employee’s Retirement, and other similar obligations) plus interest of $4,628.09, for the time period October 31, 1978 to July 20, 1979; (2) that the City restore to Young all seniority and longevity rights due him under the collective bargaining agreement between the City and Young’s union; (3) that the City credit Young with other benefits due him under the agreement.

The City contests the findings in support of the back pay component and the specific terms of the component. During and since the September 30, 1982, hearing, the City has resisted any award of back pay on the ground that Young failed to mitigate his financial losses by exercising reasonable diligence to obtain interim employment. Assuming that Young is entitled to back pay, the City has challenged the time period for which the award is to be calculated and the [17]*17method used by the Board to calculate both the amount of back pay and interest due on that amount.

On appeal, the City raises the following issues:

(1) Whether there is substantial evidence to support the Board finding that Young exercised “reasonable diligence” in obtaining interim employment during the period in which he was laid off by the City?

(2) Whether the remedial period adopted by the hearing examiner and affirmed by the Board is proper?

(3) Whether the Woolworth formula used to calculate the amount of back pay owed Young is appropriate for this case?

(4) Whether the Florida Steel formula used to calculate the amount of interest awarded on back pay is appropriate in light of Montana law respecting interest on judgments?

Our analysis of these issues is guided by reference to National Labor Relations Board (NLRB) decisions and federal judicial interpretation of the National Labor Relations Act (NLRA). Because of the similarity between the NLRA and the Montana Public Employees’ Collective Bargaining Act, (PECBA) Sections 39-31-101 to -409, MCA, we have found federal administrative and judicial construction of the NLRA instructive and often persuasive regarding the meaning of our own labor relations law. See, e.g., Teamsters Local #45 v. State ex rel. Bd. of Personnel Appeals (Mont. 1981), [195 Mont. 272,] 635 P.2d 1310, 1312, 38 St.Rep. 1841, 1844; State ex rel. Bd. of Personnel Appeals v. District Court (1979), 183 Mont. 223, 225, 598 P.2d 1117, 1118.

THE ISSUE OF “REASONABLE DILIGENCE”

Following federal precedent, all of the parties agree that back pay is not always an appropriate remedy for an aggrieved employee:

“A worker who has been the victim of an unfair labor practice is not entitled to simply await reimbursement from his or her employer for wages lost, for ‘the [law] was not intended to encourage idleness.’ [Citations omitted.]

[18]*18“ ‘Mitigation [of an employer’s liability for back pay] will result not only where the worker has taken in earnings from another source after discharge, but also for ‘losses willfully incurred’ — such as when the discriminatee fails to secure comparable employment without excuse. [Citations omitted.] A discharged worker is not held to the highest standard of diligence in his or her efforts to secure comparable employment; ‘reasonable’ exertions are sufficient. [Citations omitted.]” N.L.R.B. v. Mercy Peninsula Ambulance Serv. (9th Cir. 1979), 589 F.2d 1014, 1017-18.

See also McCann Steel Co. v. N.L.R.B. (6th Cir. 1978), 570 F.2d 652, 656; N.L.R.B. v. Arduini Mfg. Corp. (1st Cir. 1968), 394 F.2d 420, 423; N.L.R.B. v. Armstrong Tire and Rubber Co. (5th Cir. 1959), 263 F.2d 680, 683; Airport Service Lines (1977), 231 N.L.R.B. 137, 96 L.R.R.M. (BNA) 1358.

The City maintains that Young did not exercise “reasonable diligence” in seeking interim employment. According to the City, the record demonstrates that Young made minimal efforts to secure other employment between October 31,1978, the day he was laid off, and July 20, 1979, the day he was reinstated. The City likens Young’s efforts to those of the aggrieved employee in Mercy Peninsula, supra. In that case, back pay was denied to the victim of an unfair labor practice upon a finding that he made but a few, insincere attempts during his nine months of unemployment to seek other work. 589 F.2d at 1018. See also Alfred M. Lewis, Inc. v. N.L.R.B. (9th Cir. 1982), 681 F.2d 1154, 1156 (explaining facts of Mercy Peninsula); Arduini, supra (court found lack of reasonable diligence where discriminatee did not apply for job with company he knew was hiring and where he visited only four other companies and registered with employment office).

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Bluebook (online)
686 P.2d 185, 211 Mont. 13, 1984 Mont. LEXIS 949, 119 L.R.R.M. (BNA) 2682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-great-falls-v-young-ex-rel-construction-general-laborers-local-mont-1984.