Department of Transportation v. State Employees' Insurance Board

645 P.2d 1076, 97 Wash. 2d 454, 1982 Wash. LEXIS 1438, 114 L.R.R.M. (BNA) 2071
CourtWashington Supreme Court
DecidedJune 3, 1982
DocketNo. 48266-7
StatusPublished
Cited by76 cases

This text of 645 P.2d 1076 (Department of Transportation v. State Employees' Insurance Board) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Department of Transportation v. State Employees' Insurance Board, 645 P.2d 1076, 97 Wash. 2d 454, 1982 Wash. LEXIS 1438, 114 L.R.R.M. (BNA) 2071 (Wash. 1982).

Opinions

Stafford, J.

Appellants State Department of Transportation (Department), Inlandboatmen's Union of the Pacific, International Organization of Masters, Mates and Pilots and the Marine Engineers Beneficial Association seek declaratory relief in this action brought against respondent State Employees' Insurance Board (SEIB).1 The sole issue is whether the Department may negotiate separate employer-supported insurance coverage with union employees of the Washington State ferry system or whether the Department is restricted to making contributions to insurance plans offered state employees by the SEIB.

The trial court denied appellants' motion for summary judgment and granted respondent's motion. In granting respondent's motion, the trial court declared that the ferry system employees of the Marine Transportation Division of the Department are state employees subject to the jurisdiction of the SEIB with respect to the design and procurement of insurance they receive from the state. We disagree with the holding, reverse the trial court and remand the cause for entry of a summary judgment in favor of appellants.

The SEIB contends it is the purpose of RCW 41.05 (the SEIB act) to centralize the design and procurement of insurance for the employees of all branches of state government. The ferry system employees, it is asserted, fall within the broad definition of "state employee" as that term is used in RCW 41.05. While RCW 47.64.030 does authorize the Department to negotiate for and include insurance coverage in its labor agreements, the SEIB argues it does not specifically give the Department authority to design and procure insurance contracts. It is urged that the [457]*457latter authority is given to the SEIB by RCW 41.05.2 Thus, the SEIB concludes, in labor negotiations pertaining to health insurance coverage the Department and the ferry system employees may only choose from the various plans and optional coverages offered and designed by the SEIB.

We do not agree with the conclusion of the SEIB. It looks primarily at RCW 41.05 and the overall function of the SEIB, almost in isolation, while virtually overlooking the impact of RCW 47.64 on the subject of negotiated health and welfare contracts.3 The SEIB also denigrates the specific proviso, in RCW 41.05.050(2), that nothing therein is to be a limitation on persons employed under RCW 47.64.4

Clearly, RCW 41.05 and RCW 47.64, both relating to health care benefits for state employees, create an ambiguity. As pointed out by appellants, there are at least four possible applications:

[458]*458(1) Ferry system employees may not participate in SEIB insurance plans even if they so desire. They are restricted to negotiating for health and welfare benefits pursuant to RCW 47.64.
(2) Ferry system employees may participate in SEIB insurance plans if they so desire. However, they may negotiate for different coverage pursuant to RCW 47.64.
(3) Ferry system employees must participate in SEIB insurance plans. However, they may also negotiate for additional, non-SEIB coverage pursuant to RCW 47.64.
(4) Ferry system employees must participate in SEIB insurance plans and only those plans. However, they may negotiate for additional coverage under those plans (if available) to be paid by the employer, pursuant to RCW 47.64.

(Italics ours.) Appellants contend the second interpretation is the proper one because the actions of the ferry system, its employees, and the SEIB (since its inception in 1970) have been consistent therewith. Interpretation number 4 is, of course, the SEIB's current position.

At the outset it must be recognized that the primary objective of statutory construction is to carry out the intent of the Legislature. Anderson v. O'Brien, 84 Wn.2d 64, 67, 524 P.2d 390 (1974); Amburn v. Daly, 81 Wn.2d 241, 501 P.2d 178 (1972). The intent must be determined primarily from the language of the statute itself. Driscoll v. Bremerton, 48 Wn.2d 95, 99, 291 P.2d 642 (1955). If, however, the intent is not clear from the language of the statute, the court may resort to statutory construction. See H.O. Meyer Drilling Co. v. Alton V. Phillips Co., 2 Wn. App. 600, 605, 468 P.2d 1008 (1970), aff'd, 79 Wn.2d 431, 486 P.2d 1071 (1971). Such statutory construction may involve a consideration of the legislative history, Shelton Hotel Co. v. Bates, 4 Wn.2d 498, 508, 104 P.2d 478 (1940); Kucher v. County of Pierce, 24 Wn. App. 281, 285, 600 P.2d 683 (1979); other statutes dealing with the same subject, State v. Felix, 78 Wn.2d 771, 776, 479 P.2d 87 (1971); Springer v. Department of Licensing, 24 Wn. App. 847, 849, 604 P.2d 994 (1979); and administrative interpretation of the statute, Hama Hama Co. v. Shorelines Hearings Bd., 85 Wn.2d 441, [459]*459448, 536 P.2d 157 (1975); Pedersen v. Department of Transp., 25 Wn. App. 781, 789, 611 P.2d 1293 (1980).

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

Related

Segura v. Cabrera
319 P.3d 98 (Court of Appeals of Washington, 2014)
Optimer International, Inc. v. RP Bellevue, LLC
151 Wash. App. 954 (Court of Appeals of Washington, 2009)
In Re Lofton
174 P.3d 703 (Court of Appeals of Washington, 2008)
In re the Personal Restraint of Lofton
142 Wash. App. 412 (Court of Appeals of Washington, 2008)
State v. Conte
159 Wash. 2d 797 (Washington Supreme Court, 2007)
Council House, Inc. v. Hawk
147 P.3d 1305 (Court of Appeals of Washington, 2006)
State v. Acrey
135 Wash. App. 938 (Court of Appeals of Washington, 2006)
Bostain v. Food Express, Inc.
111 P.3d 906 (Court of Appeals of Washington, 2005)
Commonwealth Ins. Co. v. GRAYS HARBOR
84 P.3d 304 (Court of Appeals of Washington, 2004)
Commonwealth Insurance Co. of America v. Grays Harbor County
84 P.3d 304 (Court of Appeals of Washington, 2004)
State v. JP
69 P.3d 318 (Washington Supreme Court, 2003)
In Re Estate of Jones
67 P.3d 1113 (Court of Appeals of Washington, 2003)
Jones v. Jones
116 Wash. App. 353 (Court of Appeals of Washington, 2003)
State v. Glas
147 Wash. 2d 410 (Washington Supreme Court, 2002)
L & I v. National SEC. Consultants, Inc.
47 P.3d 960 (Court of Appeals of Washington, 2002)
Department of Labor & Industries v. National Security Consultants, Inc.
112 Wash. App. 34 (Court of Appeals of Washington, 2002)
Dahl-Smyth, Inc. v. City of Walla Walla
38 P.3d 366 (Court of Appeals of Washington, 2002)
State v. Glas
106 Wash. App. 895 (Court of Appeals of Washington, 2001)
City of Walla Walla v. Topel
17 P.3d 1244 (Court of Appeals of Washington, 2001)
Cockle v. Department of Labor & Industries
142 Wash. 2d 801 (Washington Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
645 P.2d 1076, 97 Wash. 2d 454, 1982 Wash. LEXIS 1438, 114 L.R.R.M. (BNA) 2071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-transportation-v-state-employees-insurance-board-wash-1982.