International Ass'n of Fire Fighters, Local 46 v. City of Everett

42 P.3d 1265, 146 Wash. 2d 29, 2002 Wash. LEXIS 187, 170 L.R.R.M. (BNA) 3197
CourtWashington Supreme Court
DecidedMarch 28, 2002
DocketNo. 70344-2
StatusPublished
Cited by103 cases

This text of 42 P.3d 1265 (International Ass'n of Fire Fighters, Local 46 v. City of Everett) 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
International Ass'n of Fire Fighters, Local 46 v. City of Everett, 42 P.3d 1265, 146 Wash. 2d 29, 2002 Wash. LEXIS 187, 170 L.R.R.M. (BNA) 3197 (Wash. 2002).

Opinions

Bridge, J.

— The City of Everett seeks reversal of a decision by the Court of Appeals, Division One, awarding attorney fees pursuant to RCW 49.48.030 to the International Association of Fire Fighters, Local 46, for a successful grievance arbitration action on behalf of union members Curt Rider and Tim Key. We hold that RCW 49.48.030 provides for an award of attorney fees to a labor union that successfully recovers wages or salaries owed to its employee members in a labor arbitration proceeding.

FACTS AND PROCEDURAL HISTORY

The relevant facts are undisputed. In June 1997, the City of Everett (City) suspended Rider and Key from their employment without pay for a 24-hour shift for willfully tampering with and damaging the electrical system at the fire station where they were assigned. The International Association of Fire Fighters, Local 46 (Local 46), on behalf of Rider and Key, brought a grievance proceeding against the City, arguing that the suspensions violated the collective bargaining agreement (CBA) between the City and Local 46.1

Pursuant to the grievance procedure in the CBA, Local 46 and the City submitted the dispute to arbitration. During the two-day arbitration proceeding, Local 46 was represented by counsel. Neither Rider nor Key retained separate counsel. The arbitrator ruled that the City had violated the CBA by suspending Rider and Key without pay and ordered the City to set aside the suspensions and to award back pay. The City complied with the arbitrator’s order.

[33]*33Following the arbitration proceeding, Local 46 requested the City to pay the attorney fees incurred from challenging the suspensions. The City refused. Local 46, Rider, and Key then filed a complaint against the City in Snohomish County Superior Court seeking recovery of the attorney fees. Both sides moved for summary judgment. The trial court denied Local 46’s motion and granted the City’s. Local 46, Rider, and Key appealed.2

The Court of Appeals, Division One, held that Local 46 was entitled to attorney fees pursuant to RCW 49.48.030, which provides for attorney fees to any person who successfully recovers wages or salary owed for bringing a successful grievance arbitration on behalf of Rider and Key.3 The court examined whether the term “any person” in RCW 49.48.030 included unions. The court found the term ambiguous because the statute does not require that an employee initiate the action and, at the time the statute was amended, it was common practice for collective bargaining agreements to provide that unions bring grievances to arbitration on behalf of their members.4 Thus, the court concluded, the Legislature must have intended that unions could recover attorney fees under RCW 49.48.030.5 It also found that this position was consistent with the determination that “RCW 49.48.030 is a remedial statute that should be liberally construed to effect its purpose.”6

The court reversed and remanded the case for calculation of attorney fees for the arbitration and all superior and appellate court proceedings.7 We granted the City’s petition for review.

[34]*34ANALYSIS

RCW 49.48.030 was first enacted in 1888 and took its current form in 1971. It states:

In any action in which any person is successful in recovering judgment for wages or salary owed to him, reasonable attorney’s fees, in an amount to be determined by the court, shall be assessed against said employer or former employer: PROVIDED, HOWEVER, That this section shall not apply if the amount of recovery is less than or equal to the amount admitted by the employer to be owing for said wages or salary.

RCW 49.48.030.

The City argues that the Court of Appeals decision conflicts with this court’s holding that courts must enforce the plain meaning of unambiguous statutes. The plain meaning rule requires courts to derive the meaning of the statute from the “wording of the statute itself.” Rozner v. City of Bellevue, 116 Wn.2d 342, 347, 804 P.2d 24 (1991). Only if the statute is determined to be ambiguous will a court look to the legislative intent in enacting it. State v. Thorne, 129 Wn.2d 736, 762-63, 921 P.2d 514 (1996). However, the City seems to ignore the remedial nature of RCW 49.48.030 and the rules of construction that Washington courts have attached to it.

RCW 49.48.030 is a remedial statute, which should be construed liberally to effectuate its purpose. See Gaglidari v. Denny’s Rests., Inc., 117 Wn.2d 426, 450-51, 815 P.2d 1362 (1991) (recognizing statute’s remedial nature and liberal construction requirement); Naches Valley Sch. Dist. No. JT3 v. Cruzen, 54 Wn. App. 388, 399, 775 P.2d 960 (1989). A liberal construction requires that the coverage of the statute’s provisions “ ‘be liberally construed [in favor of the employee] and that its exceptions be narrowly confined.’ ” Peninsula Sch. Dist. No. 401 v. Pub. Sch. Employees, 130 Wn.2d 401, 407, 924 P.2d 13 (1996) (interpreting chapter 41.56 RCW) (quoting Nucleonics Alliance, Local Union No. 1-369 v. Wash. Pub. Power Supply Sys., 101 Wn.2d 24, 29, 677 P.2d 108 (1984)).

[35]*35“When interpreting statutory language, the goal of the court is to carry out the intent of the Legislature.” Ellerman v. Centerpoint Prepress, Inc., 143 Wn.2d 514, 519, 22 P.3d 795 (2001) (citing Seven Gables Corp. v. MGM/UA Entm’t Co., 106 Wn.2d 1, 6, 721 P.2d 1 (1986)). “In ascertaining this intent, the language at issue must be evaluated in the context of the entire statute.” Id.

We have previously recognized Washington’s “long and proud history of being a pioneer in the protection of employee rights.” Drinkwitz v. Alliant Techsystems, Inc., 140 Wn.2d 291, 300, 996 P.2d 582 (2000). The Legislature “evidenced a strong policy in favor of payment of wages due employees by enacting a comprehensive [statutory] scheme to ensure payments of wages.” Schilling v. Radio Holdings, Inc., 136 Wn.2d 152, 157, 961 P.2d 371 (1998) (referencing RCW 49.48.030).

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Bluebook (online)
42 P.3d 1265, 146 Wash. 2d 29, 2002 Wash. LEXIS 187, 170 L.R.R.M. (BNA) 3197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-assn-of-fire-fighters-local-46-v-city-of-everett-wash-2002.