City of Seattle v. Auto Sheet Metal Workers Local 387

620 P.2d 119, 27 Wash. App. 669, 1980 Wash. App. LEXIS 2441
CourtCourt of Appeals of Washington
DecidedNovember 24, 1980
Docket7585-3-I
StatusPublished
Cited by10 cases

This text of 620 P.2d 119 (City of Seattle v. Auto Sheet Metal Workers Local 387) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Seattle v. Auto Sheet Metal Workers Local 387, 620 P.2d 119, 27 Wash. App. 669, 1980 Wash. App. LEXIS 2441 (Wash. Ct. App. 1980).

Opinions

Callow, C.J.

Two of the 22 labor organizations who were parties in the trial court appeal the declaratory judgment entered by that court. The appeal involves the construction and constitutionality of Seattle's charter amendment No. 5, which requires the establishment of a city personnel system, and the 1978 City of Seattle Personnel Ordinance, which was enacted pursuant to charter amendment No. 5.

In 1967, the legislature passed the Public Employees' Collective Bargaining Act. Laws of 1967, 1st Ex. Sess., ch. 108, p. 1884 (codified at RCW 41.56). The act, which applies to counties, municipal corporations and certain political subdivisions of the state, protects the right of [672]*672public employees to organize and designate representatives of their own choosing for the purpose of collective bargaining. RCW 41.56.020; RCW 41.56.030(2); RCW 41.56.040. Public employers, in most instances, are required to engage in collective bargaining with the employees' exclusive bargaining representatives. RCW 41.56.100. A refusal to do so is an unfair labor practice. RCW 41.56.140. "Collective bargaining" includes the duty of the public employer and the exclusive bargaining representative to meet, confer and negotiate in good faith, and to execute a written agreement concerning "grievance procedures and collective negotiations on personnel matters, including wages, hours and working conditions, which may be peculiar to an appropriate bargaining unit of such public employer, ..." RCW 41.56.030(4).

On November 8, 1977, the electorate of the City of Seattle passed charter amendment No. 5, which amended Seattle City Charter article 16 under which the City had operated a civil service system. Section 1 of the amendment states that a city personnel system shall be established "by ordinance," with the system to be administered by a personnel director. Section 1 further provides:

The ordinance shall establish uniform procedures for recruitment, selection, development, and maintenance of an effective and responsible work force, including but not limited to, job advertising, training, job classification, examinations, appointments, transfers within the system, career development, salary administration, labor negotiations, safety, employee benefits, grievance procedures, discipline, discharge, layoff and recall, regulation of political activity, and other personnel matters.

Other sections of the amendment require that the personnel system be administered to assure nondiscrimination and to comply with merit principles set forth in the amendment. A civil service commission is established to hear appeals involving the administration of the personnel system, and a civil service appeals process is established. [673]*673Section 7 of the amendment provides in part that no member of the civil service may be suspended or dismissed except for justifiable cause. Section 9 provides:

Labor Negotiations: The right of city employees to bargain collectively, through representatives of their own choosing, shall not be abrogated by the city, but no collectively bargained contract shall become effective without ratification by the City Council. The City Council shall not ratify any contract which is inconsistent with this Charter.

Section 10 requires that the ordinance required by section 1 be enacted by November 8, 1978, and that the prior provisions of article 16 remain in effect until the ordinance required by section 1 takes effect.

On November 6, 1978, the Seattle City Council enacted ordinance No. 107790, the 1978 City of Seattle Personnel Ordinance. The mayor signed the ordinance on November 15, 1978. The ordinance, which is comprehensive and bears an effective date of January 1, 1979, provides for the creation of a personnel department to be headed by a director of personnel. Included within the director's duties is the establishment of many of the uniform procedures on personnel matters called for by section 1 of the charter amendment.

On the date of the ordinance's passage, the City brought a declaratory action to determine whether the City's civil service commission is similar in scope, structure and authority to the State Personnel Board established under RCW 41.06, in which case the City, under the proviso of RCW 41.56.100, would not be required to collectively bargain with respect to any matter delegated to the commission. Named as defendants were all labor organizations qualified and acting as exclusive bargaining representatives for city employees. The defendants counterclaimed for a declaration that the charter amendment and ordinance be declared invalid because of a claimed conflict with the Public Employees' Collective Bargaining Act, RCW 41.56. The defendants also raised the issues of the timeliness of [674]*674the ordinance's passage and the legality of delegating legislative powers to the director of personnel.

The trial court determined that the City's civil service commission is not similar in scope, structure and authority to the State Personnel Board. No appeal has been taken from this determination. The trial court further determined that the charter amendment and the ordinance are not in conflict with governing state law because the charter amendment does not remove or affect the City's duty to collectively bargain pursuant to the Public Employees' Collective Bargaining Act. The court upheld the City's delegation of authority to the director of personnel and concluded that the personnel ordinance was enacted in a timely and lawful manner.

The International Brotherhood of Electrical Workers Local 77 and the International Federation of Professional and Technical Engineers Association Local 17 appeal. The following three issues are dispositive of this appeal:

1. Do charter amendment No. 5 and the 1978 City of Seattle Personnel Ordinance irreconcilably conflict with the Public Employees' Collective Bargaining Act so as to render them unconstitutional and void pursuant to Const, art. 11, § 10 (amendment 40)?

2. Does the 1978 City of Seattle Personnel Ordinance unconstitutionally delegate to the personnel director legislative authority over matters that section 1 of charter amendment No. 5 directs be established by ordinance?

3. Is the 1978 City of Seattle Personnel Ordinance invalid because it was not passed within the time limit set for its passage by charter amendment No. 5?

The first issue raised is whether charter amendment No.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Public Hospital District No. 1 v. University of Washington
327 P.3d 1281 (Court of Appeals of Washington, 2014)
Heinsma v. City of Vancouver
29 P.3d 709 (Washington Supreme Court, 2001)
City of Seattle v. Williams
128 Wash. 2d 341 (Washington Supreme Court, 1995)
City of Pasco v. Public Employment Relations Commission
833 P.2d 381 (Washington Supreme Court, 1992)
City of Yakima v. International Ass'n of Fire Fighters
818 P.2d 1076 (Washington Supreme Court, 1991)
Milton v. Waldt
635 P.2d 775 (Court of Appeals of Washington, 1981)
City of Seattle v. Auto Sheet Metal Workers Local 387
620 P.2d 119 (Court of Appeals of Washington, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
620 P.2d 119, 27 Wash. App. 669, 1980 Wash. App. LEXIS 2441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-seattle-v-auto-sheet-metal-workers-local-387-washctapp-1980.