Ganz v. Alaska Airlines, Inc.

963 P.2d 1015, 1998 Alas. LEXIS 137, 1998 WL 473514
CourtAlaska Supreme Court
DecidedAugust 14, 1998
DocketS-8050
StatusPublished
Cited by18 cases

This text of 963 P.2d 1015 (Ganz v. Alaska Airlines, Inc.) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ganz v. Alaska Airlines, Inc., 963 P.2d 1015, 1998 Alas. LEXIS 137, 1998 WL 473514 (Ala. 1998).

Opinion

OPINION

FABE, Justice.

I. INTRODUCTION

This appeal arises from a dispute between Alaska Airlines and several of its Prudhoe Bay employees over interpretation of statutory exemptions from the overtime provision of the Alaska Wage and Hour Act (AWHA). Under the terms of their collective bargaining agreements, the employees work fourteen consecutive twelve-hour days, followed by fourteen days off. They receive overtime payments only for hours worked in excess of this schedule. The employees sued Alaska Airlines, arguing that pursuant to AWHA’s overtime provision, they are entitled to overtime payments for work in excess of forty hours a week or ten hours a day. The superior court rejected this argument and granted summary judgment in favor of Alaska Airlines. Because we conclude that the employees’ work schedule contained in their collective bargaining agreements is exempt from AWHA’s overtime provision, we affirm.

II. FACTS AND PROCEEDINGS

The employees currently work or have worked for Alaska Airlines in Prudhoe Bay as customer service agents, mechanics, or ramp workers. They are members of the International Association of Machinists and Aerospace Workers Union and are employed under collective bargaining agreements.

The union and Alaska Airlines have entered into side letter agreements to provide for different work and pay schedules for Prudhoe Bay employees. The agreements, which are incorporated into the collective bargaining agreements, state that because the “remote location of Prudhoe and the lack of normal living facilities present unique working conditions not contemplated” by the main collective bargaining agreements, the employees shall work fourteen consecutive twelve-hour days followed by fourteen consecutive days off duty away from the station at Prudhoe Bay. The letter agreements provide that Alaska Airlines will pay overtime compensation only for work in' excess of twelve hours a day.

In October 1995 the employees filed a complaint in the superior court alleging that Alaska Airlines’s refusal to pay overtime for work in excess of eight hours a day or forty hours a week violated AWHA’s overtime provision, AS 23.10.060. 1 Alaska Airlines replied that the employees’ work schedule was exempt from AWHA’s overtime requirements. *1017 Both parties moved for summary judgment on the issue. 2

In December 1996 Superior Court Judge John E. Reese denied the employees’ motion and granted Alaska Airlines’s cross-motion. The superior court concluded that the employees’ work schedule was exempt from the overtime requirements of AWHA based on the plain meaning of AS 23.10.060 and its legislative history. - The employees appeal.

III. DISCUSSION

A. Standard of Review

The standard of review for an appeal from summary judgment is de novo. See Nielson v. Benton, 903 P.2d 1049, 1052 (Alaska 1995). We “will uphold a summary judgment only if the record presents no genuine issues of material fact and ‘the moving party was entitled to judgment on the law applicable to the established facts.’ ” Newton v. Magill, 872 P.2d 1213, 1215 (Alaska 1994) (citation omitted). If in reviewing a summary judgment we must answer questions of law, we will “adopt the rule of law which is most persuasive in light of precedent, reason and policy.” Id. (citation omitted). Questions of statutory interpretation are also reviewed on a de novo basis. See Boone v. Gipson, 920 P.2d 746, 748 (Alaska 1996).

B. The Employees’ Work Schedule Is Exempt from AWHA’s Overtime Provision.

The parties dispute whether the employees’ work schedule is exempt from AWHA’s overtime provision. Under the provision, an employer must pay nonexempt employees at one and one-half times their regular rate of pay for all hours worked in excess of eight a day or forty a week. See AS 23.10.060(b). Included in the provision, however, are express exemptions for certain work. See AS 23.10.060(d)(l)-(16). At issue in this appeal is the exemption for “work performed by an employee under a flexible work hour plan if the plan is included as part of a collective bargaining agreement.” AS 23.10.060(d)(13).

As AWHA does not define “flexible work hour plan,” the parties advance conflicting interpretations of its proper construction. The employees argue that the term “flexible work hour plan” should be defined narrowly to include only work schedules that do not exceed forty hours a week or ten hours a day. According to their analysis, any work beyond these limits is not exempt from AWHA’s overtime requirements. Thus, because they work eighty-four hours a week and twelve hours a day, the employees contend that their work schedule is not an exempt flexible work hour plan as defined by AS 23.10.060(d)(13) and that they are entitled to payment at the overtime rate for their work in excess of four ten-hour days each week. Alaska Airlines responds that the exemption for flexible work hour plans made pursuant to collective bargaining agreements under subsection (d)(13) is not limited to four ten-hour days a week.

This appeal requires us to interpret AS 23.10.060(d)(13). “Statutory construction begins with an analysis of the language of the statute construed in view of its purpose.” Borg-Warner Corp. v. Avco Corp., 850 P.2d 628, 633 n. 12 (Alaska 1993) (citation omitted). “The objective of statutory construction is to give effect to the intent of the legislature, with due regard for the meaning that the statutory language conveys to others.” City of Dillingham v. CH2M Hill Northwest, Inc., 873 P.2d 1271, 1276 (Alaska 1994) (citations omitted). “Though we give unambiguous statutory language its ordinary and common meaning, we have rejected the ‘plain meaning’ rule as an exclusionary rule, and we may look to legislative history as a guide to construing a statute’s words.” Id. at 1276 (citation omitted). In accordance with this approach, we turn first to the purpose of AS 23.10.060(d)(13) as conveyed by its language and then proceed to consider its legislative history.

The employees point to the purposes of AWHA’s overtime provision as supporting *1018 their interpretation of “flexible work hour plan.” In Janes v. Otis Engineering Corp., 757 P.2d 50

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Bluebook (online)
963 P.2d 1015, 1998 Alas. LEXIS 137, 1998 WL 473514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ganz-v-alaska-airlines-inc-alaska-1998.