Eastern Washington & Northern Idaho Building & Construction Trades Council v. Department of Employment Security

576 P.2d 442, 19 Wash. App. 562, 1978 Wash. App. LEXIS 2136
CourtCourt of Appeals of Washington
DecidedMarch 21, 1978
DocketNo. 2204-3
StatusPublished
Cited by2 cases

This text of 576 P.2d 442 (Eastern Washington & Northern Idaho Building & Construction Trades Council v. Department of Employment Security) 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
Eastern Washington & Northern Idaho Building & Construction Trades Council v. Department of Employment Security, 576 P.2d 442, 19 Wash. App. 562, 1978 Wash. App. LEXIS 2136 (Wash. Ct. App. 1978).

Opinion

McInturff, J.

Willamette-Western Corporation and the State Employment Security Department appeal from a decision of the Superior Court which granted unemployment benefits to employees laid off during a strike at a construction site near Addy.

Those employees were carpenters, laborers, operating engineers and teamsters who were discharged by Western Pacific Piledriving, a division of Willamette-Western, because of a strike by the Northwest District Council of Ironworkers. The discharged employees filed claims for unemployment benefits with the Employment Security Department (Department) which initially allowed the claims. Willamette-Western appealed the decision, and the Department's appeal tribunal ruled the employees were disqualified from receiving benefits under RCW 50.20.090.1 The commissioner of the Department affirmed the tribunal's decision, and the employees appealed to Superior Court, which reversed the commissioner's ruling and granted the benefits requested. We affirm.

[564]*564The facts are not in serious dispute. The discharged employees, with the exception of the teamsters, are represented in negotiations with the Associated General Contractors (AGC), of which Willamette-Western is a member, by the Eastern Washington and Northern Idaho Building and Construction Trades Council. Each of the craft unions and the teamsters had individual labor agreements with the AGC. The ironworkers negotiated through their district council in Seattle.

On July 9, 1974, when contract negotiations between the ironworkers and the AGC broke down, ironworkers left the jobsite. They did not picket the construction site, but because their absence so adversely affected the project, the employer reduced its construction crew from 108 on July 10 to 30 on July 11. The dispute lasted 8 weeks. It is for at least that time period the discharged employees sought unemployment benefits.

In denying their claims, the Department's appeal tribunal essentially held that because the nonstriking unions here historically benefit from any favorable wage or benefit agreements obtained by striking unions, the nonstriking union members were sufficiently interested in the labor dispute so as to disqualify them from receiving unemployment compensation.2 The tribunal analyzed this case on [565]*565the basis of Cameron v. DeBoard, 230 Ore. 411, 370 P.2d 709 (1962), which says an unemployed individual is an interested member of the same "grade or class” of striking workers—and thus statutorily disqualified from receiving benefits—if (1) there is an integration of the work of the claimant and the participants in the labor dispute, and (2) there is a community of interests between the claimant and the participants in the labor dispute which is more than a negligible interest but which may not be a full, direct interest.

Since this appeal was filed, our Supreme Court considered, for the first time, the "grade or class" disqualification in Employees of Pac. Maritime Ass'n v. Hutt, 88 Wn.2d 426, 562 P.2d 1264 (1977). The employees contend the Department's reliance on Cameron v. DeBoard, supra, is an error of law in light of Hutt. The Department and the employer suggest that Hutt and Cameron are consistent in their approach to determining the disqualification of workers of the same grade or class. They argue that the considerations deemed significant by both courts are identical.

[566]*566In analyzing a labor dispute and unemployment statute similar to those presented here, the Oregon court in Cameron considered nonstriking workers to be in the same grade or class of striking workers if their work was integrated. Integration of work became a prima facie disqualification from benefits, and the burden was on the claimants to establish they had no interest in the outcome of the dispute. The court then defined that indirect interest as a "community of interest." It said at pages 426-28:

Whether or not such an indirect interest exists between a given claimant and the particular labor dispute depends upon all the facts. If a group of workmen stop work because of a grievance the group may have against their foreman, workmen not supervised by that foreman would not ordinarily have a sufficient community of interest with the first group to throw nonstrikers into the disqualified class ... In such a case, membership in a common union would be significant only if union policy or some other factor supported an inference that concerted action actually involved a group larger than the ostensibly disputing group. On the other hand, if some of the unskilled workmen in a plant stop work in order to enforce a demand for higher wages, and man-, agement has traditionally maintained constant pay differentials between skilled and unskilled workers, then the skilled workers would have an indirect interest in the strike. The only difference between the economic interest of the strikers and that of the nonstrikers in such a case would be the fact that the resolution of the dispute would necessarily affect the strikers, whereas it would not necessarily affect the others. It is conceivable that management might choose to disregard the traditional pay differentials, at least for a time, with reference to the nonstrikers. Even here, however, the historical differential is a strong indication of the interest the skilled workers had in the dispute, and they may, in turn, strike to maintain the differential. In any event, such a state of affairs would indicate that the two groups shared a community of interest in the progress of each other's negotiations. This community of interest would be equally strong, both from an economic point of view and from the employer's point of view, whether the two groups of workmen were organized in the same union or in several [567]*567unions. Thus we see that the most important factor in the application of (3) (b) is the presence or absence of a community of interest between the workmen involved in a labor dispute and their nonstriking fellow workmen. This community of interest, as we have seen, may exist within a single union, or between several unions, depending upon the facts of each case.

The court then remanded the case for findings as to the

relationship, if any, between wage, working-condition and fringe-benefit improvements gained by the laborers, teamsters or operating engineers as the result of their respective strikes and similar gains flowing to the various nonstriking unions. the work was integrated, and the claimants could not show that their gains, if any, were unrelated to those of the strikers, then these two factors would bring members of different unions into the same class for the purposes of the particular labor dispute.

(Footnote omitted; italics ours.) Cameron v. DeBoard, supra at 429-30.

Hutt presented a unique factual situation. There some of the claimants were governed as to wages, hours and working conditions by contracts between the employer and the longshoremen's and warehousemen's union. Longshoremen were governed by one contract, clerks by another and foremen by a third.

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Bluebook (online)
576 P.2d 442, 19 Wash. App. 562, 1978 Wash. App. LEXIS 2136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eastern-washington-northern-idaho-building-construction-trades-council-washctapp-1978.