Davis v. STATE, DEPT. OF TRANSP.

159 P.3d 427, 138 Wash. App. 811
CourtCourt of Appeals of Washington
DecidedMay 30, 2007
Docket34352-5-II
StatusPublished
Cited by5 cases

This text of 159 P.3d 427 (Davis v. STATE, DEPT. OF TRANSP.) 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
Davis v. STATE, DEPT. OF TRANSP., 159 P.3d 427, 138 Wash. App. 811 (Wash. Ct. App. 2007).

Opinion

159 P.3d 427 (2007)

Ben DAVIS, Floyd Fulmer, Roy Hyett, Dick Olson, individually and on behalf of all persons similarly situated, Respondents,
v.
STATE of Washington, DEPARTMENT OF TRANSPORTATION, Appellant.

No. 34352-5-II.

Court of Appeals of Washington, Division 2.

May 30, 2007.

*429 Stewart Arthur Johnston, Atty. General Office L & p Div., Kara Anne Larsen, Office of The Atty. General, Olympia, WA, for Appellant.

Lewis Lynn Ellsworth, Gordon Thomas Honeywell, Warren Evans Martin, Tacoma, WA, for Respondents.

BRIDGEWATER, P.J.

¶ 1 The State appeals from a summary judgment order in favor of Washington State Ferry employees, in which the trial court agreed that the State willfully deprived the employees of compensation for watch changes that extended beyond their regular assigned work day. Washington State Ferry policies require these watch changes, during which the off-going employees exchange any pertinent information about the operation of the vessels before being relieved by on-coming employees.

¶ 2 We hold that, under the collective bargaining agreement (CBA), watch changes are a work activity for which the State must compensate employees. And we hold that the employees failed to exhaust either their contractual remedies under the CBA or their administrative remedies under the Maritime Employees' Commission (MEC). Because the employees' lawsuit was inappropriate, the trial court should have granted summary judgment in favor of the State. Therefore, the employees must seek a remedy either through the procedures established by the CBA or through the procedures established by the MEC. Accordingly, we reverse and remand for entry of a summary judgment in favor of the State.

FACTS

¶ 3 The respondents in this case are licensed engineer officers and unlicensed engine room employees for the Washington State Ferry (WSF) system. Under a CBA between the Marine Engineers Beneficial Association and the Washington State Department of Transportation (DOT), these employees have negotiated various provisions for overtime compensation.

¶ 4 For instance, licensed engineer officers and unlicensed engine room employees generally are entitled to overtime compensation at a rate of two times the base rate in their classification.[1] When work is extended 15 minutes or less beyond a regular assigned work day,[2] the CBA requires the State to compensate the employee for one-quarter hour at the overtime rate. When work is extended 15 minutes or more beyond a regular assigned work day, the CBA requires the State to compensate the employee in increments of one hour at the overtime rate. Nevertheless, "[s]uch extended work shifts shall not be scheduled on a daily or regular basis." CP at 72, 107.

¶ 5 Each regular assigned work shift aboard a ferry is called a watch. These watches do not overlap. When one watch ends, another watch immediately begins. Washington State Ferry policies require that the off-going employees exchange any pertinent information about the operation of the vessels before being relieved. The respondents' *430 expert concluded that on average these watch changes lasted about 11 minutes; the State's expert concluded that on average these watch changes lasted about 5 minutes.

¶ 6 Even though watch changes extend the employees' work beyond a regular assigned work shift, the State does not compensate employees for watch changes. In defense of its position, the State notes that: (1) the maritime industry does not consider watch changes compensable work; (2) the CBA is silent about compensation for watch changes; (3) no employee has ever sought overtime compensation for watch changes; and (4) compensation for watch changes has never been the subject of collective bargaining.

¶ 7 Because of the State's position, the respondents brought a class action lawsuit on behalf of themselves and all other similarly situated employees of the marine transportation division of the DOT. They alleged that the State unlawfully withheld their wages under chapter 49.48 RCW and chapter 49.52 RCW.

¶ 8 The State moved for summary judgment, arguing that there was no legal basis for the claim and that the employees failed to exhaust their administrative remedies before the MEC. But the trial court denied the State's motion.

¶ 9 The employees then moved for partial summary judgment, arguing that watch changes are compensable work under chapter 49.48 RCW and/or chapter 49.52 RCW. The trial court agreed with the employees and granted their motion.

¶ 10 Thereafter, both the State and the employees moved for summary judgment. Again, the State argued in part that: (1) the employees are not entitled to any compensation for watch changes under the CBA; (2) the employees failed to exhaust their administrative remedies before the MEC; and (3) in any case, the State did not willfully deprive the employees of compensation for watch changes. The State also argued that watch changes should not be considered work because they are a de minimis activity. The employees argued that the State willfully deprived them of compensation for watch changes and that they were entitled to twice the amount of wages unlawfully withheld under RCW 49.52.070.

¶ 11 The trial court denied the State's motion for summary judgment, but granted the employees' motion for summary judgment. The trial court then entered judgment for the employees.

ANALYSIS

I. STANDARD OF REVIEW

¶ 12 On review of an order for summary judgment, we perform the same inquiry as the trial court. Hisle v. Todd Pac. Shipyards Corp., 151 Wash.2d 853, 93 P.3d 108 (2004). Thus, the standard of review is de novo. Morton v. McFall, 128 Wash.App. 245, 252, 115 P.3d 1023 (2005). Summary judgment is appropriate only if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." CR 56(c). We consider the facts and all reasonable inferences in the light most favorable to the non-moving party. Scott v. Pac. W. Mountain Resort, 119 Wash.2d 484, 502-03, 834 P.2d 6 (1992). Summary judgment is granted only if reasonable persons could reach but one conclusion from all the evidence. Vallandigham v. Clover Park Sch. Dist. No. 400, 154 Wash.2d 16, 26, 109 P.3d 805 (2005). "All questions of law are reviewed de novo." Berger v. Sonneland, 144 Wash.2d 91, 103, 26 P.3d 257 (2001).

II. THE RIGHT TO COMPENSATION FOR WATCH CHANGES IS DERIVED FROM THE CBA

¶ 13 The State claims that "[t]he collective bargaining agreements contain all the terms and conditions of employment and are the exclusive source for wages." Br. of Appellant at 15. And because the CBA is allegedly silent about compensation for watch changes and because the employees did not seek a remedy under the CBA, the State contends that their lawsuit must fail. But we disagree with the State that the CBA is silent about compensation for watch changes.

*431 ¶ 14 In construing a written contract, such as the CBA here, we have consistently applied the following rules: (1) the intent of the parties controls; (2) we ascertain that intent from reading the contract as a whole; and (3) we do not read ambiguity into the contract. Dice v. City of Montesano, 131 Wash.App.

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

Related

Cathleen Robertson, V. Valley Communications Center
Court of Appeals of Washington, 2021
Drew Ota, Craig Gardner, V Pierce County
Court of Appeals of Washington, 2016
Department of Transportation v. Marine Employees' Commission
274 P.3d 1094 (Court of Appeals of Washington, 2012)
Washington State Dept. of Transp. v. Mec
274 P.3d 1094 (Court of Appeals of Washington, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
159 P.3d 427, 138 Wash. App. 811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-state-dept-of-transp-washctapp-2007.