International Ass'n of Firefighters v. City of Yakima

587 P.2d 165, 91 Wash. 2d 101, 1978 Wash. LEXIS 1156
CourtWashington Supreme Court
DecidedNovember 30, 1978
Docket44892
StatusPublished
Cited by13 cases

This text of 587 P.2d 165 (International Ass'n of Firefighters v. City of Yakima) 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 Firefighters v. City of Yakima, 587 P.2d 165, 91 Wash. 2d 101, 1978 Wash. LEXIS 1156 (Wash. 1978).

Opinions

Hamilton, J.

Local Union No. 469, International Association of Firefighters, AFL-CIO (union), appeals a judgment affirming a Department of Labor and Industries decision.1 The department reversed the order of a labor mediator and excluded fire department battalion chiefs from the statutorily defined class of "public employees". We find these battalion chiefs are public employees and reverse the trial court.

This action comes to us after extensive administrative proceedings. In 1969, the Department of Labor and Industries, acting pursuant to the Public Employees' Collective Bargaining Act, RCW 41.56, certified the union as bargaining agent for all City of Yakima firefighters except the chief. Later, the union entered into an agreement with the City of Yakima excluding battalion chiefs from the bargaining unit. In 1973, however, the union petitioned the Department of Labor and Industries to restore battalion chiefs to the bargaining unit. A mediator was appointed and a hearing held. After finding that battalion chiefs did not have actual authority to hire, transfer, or discharge other employees and further, did not appear to actively participate to any great extent in the day-to-day formation and execution of labor and manpower policy, the battalion chiefs were held to be public employees and thus the mediator included them in the bargaining unit.

The City of Yakima appealed to the Director of the Department of Labor and Industries for review of the [103]*103mediator's decision. The director reversed the mediator, finding the evidence indicated battalion chiefs did possess several supervisory responsibilities, including summary suspension authority. The director held that the supervisory authority of battalion chiefs suggested they were situated in a confidential relationship to the executive head of the bargaining unit and should be excluded from the statutory definition of public employees. Thus, he excluded battalion chiefs from the bargaining unit.

Pursuant to RCW 34.04.130, the union then filed for judicial review of the director's decision in superior court. The parties waived oral argument and the court considered the issue on the basis of the record. The court affirmed the director finding that, while battalion chiefs were in fact without the actual authority to hire or fire, they possessed several other supervisory powers and therefore stood in a confidential relationship to the executive head of the bargaining unit — the fire chief. Alleging the court improperly construed the Public Employees' Collective Bargaining Act, the union sought review of the court's decision.

The central issue with which we are concerned is: Are the battalion chiefs public employees under RCW 41.56.030(2)? If, by reason of their duties, they are not within the statutory definition of public employees, the director's exclusion of battalion chiefs from the definition of public employees and thus from coverage under the act was correct.

The law, which defines a public employee for purposes of the Public Employees' Collective Bargaining Act, provides:

(2) "Public employee" means any employee of a public employer except any person (a) elected by popular vote, or (b) appointed to office pursuant to statute, ... or (c) whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to the executive head or body of the applicable bargaining unit, or any person elected by popular vote or appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer.

(Italics ours.) RCW 41.56.030.

[104]*104We stated in Municipality of Metropolitan Seattle v. Department of Labor & Indus., 88 Wn.2d 925, 928, 568 P.2d 775 (1977) (hereafter (Metro):

Unless the positions involved fall within one of these categories [deputy, administrative assistant, or secretary], the persons holding them are not excluded from the definition of "public employee" under the act. Furthermore, even if they fit one or more of the categories named in the statute, the persons holding them are nevertheless public employees if their duties do not necessarily imply a confidential relationship . . .

In Metro, we refused to accept the argument that the Washington State Legislature simply adopted federal criteria for determining which employees should be permitted to bargain collectively. The Labor Management Relations Act of 1947 (29 U.S.C. § 152(3) (1970)) expressly excludes supervisory personnel from its definition of the term employees. Our legislature excluded only certain deputies, administrative assistants, and secretaries. This difference evidences rejection of the federal supervisory exclusion. Thus, under our statute the mere presence of supervisory responsibility is insufficient to warrant exclusion from the definition of public employees.

Moreover, in Metro we observed that rejection of the federal supervisory exclusion evidenced a legislative differentiation between the public employee covered by our statute on the one hand, and the private industrial employee covered by the Labor Management Relations Act on the other hand. We were of the opinion that the nature of the trust with which public officials are charged led to a legislative judgment that officials should have freedom not only to control, hire, or fire confidential employees, but also to work with the confidential employees unrestrained by collective bargaining.

The peculiar facts of Metro made it unnecessary in that case to describe the duties of those employees. Thus, we did not define the type of duty which would result in finding a confidential relationship and exclusion from the statutorily [105]*105defined class — public employees. We did, however, indicate our belief that the legislature intended to exclude those persons intimately associated with the public official or executive head of a bargaining unit. We now undertake to more precisely describe this association and the duties which necessarily imply that an employee stands in a confidential relation to the executive head of the bargaining unit or public official.

We begin by discussing the meaning of the phrase confidential relationship in the context of the Public Employees' Collective Bargaining Act. That phrase ordinarily means a fiduciary relationship. Stevens v. Marco, 147 Cal. App. 2d 357, 305 P.2d 669 (1956). This relationship arises when continuous trust is reposed by one person in the skills or integrity of another. An employee who stands in such a relation to an employer must act for the benefit of the employer. Feider v. Hanna, 172 Cal. App.

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International Ass'n of Firefighters v. City of Yakima
587 P.2d 165 (Washington Supreme Court, 1978)

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Bluebook (online)
587 P.2d 165, 91 Wash. 2d 101, 1978 Wash. LEXIS 1156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-assn-of-firefighters-v-city-of-yakima-wash-1978.