Lane v. Harborview Medical Center

154 Wash. App. 279
CourtCourt of Appeals of Washington
DecidedFebruary 1, 2010
DocketNo. 61774-5-I
StatusPublished
Cited by19 cases

This text of 154 Wash. App. 279 (Lane v. Harborview Medical Center) 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
Lane v. Harborview Medical Center, 154 Wash. App. 279 (Wash. Ct. App. 2010).

Opinion

Appelwick, J.

¶1 Lane appeals the order of summary judgment dismissing her claim against Harborview under the employee misclassification act, chapter 49.44 RCW. As a per diem nurse, Lane committed to work only a given four week period at a time. Harborview did not guarantee employment for that period or any period thereafter. A classified nurse makes a commitment to work a certain amount of hours per week on a permanent basis, and Harborview guarantees to that classified nurse that she will be scheduled and compensated for those hours. Be[283]*283cause the commitments between Lane and the employer were objectively different from the commitments between a part-time classified nurse and the employer, Lane was not misclassified. We affirm.

FACTS

¶2 From 1998 to 2007, Janet Lane worked as a per diem registered nurse II (RN II) at Harborview Medical Center.1 In 2007 she applied for and accepted a job as a RN II classified nurse. Her misclassification suit against Harbor-view alleges that she was misclassified as a per diem nurse from 1998-2007 because her actual work circumstances during that time frame demonstrated she was a part-time classified nurse. Specifically, she points to the fact that she worked more hours than some of the part-time classified nurses throughout her term of employment as a per diem. Per diem nurses and classified nurses with the same classification (e.g., RN II) perform the same core duties. It is [284]*284undisputed that while Lane had the same responsibilities qs a classified RN II, Harborview afforded her a different wage and benefit package.

¶3 The collective bargaining agreement (CBA) in place during the time frame in question defines three classes of nurses: (1) full-time nurses, who are regularly scheduled to work 40 hours in a 7 day period, or 80 hours in a 14 day period; (2) part-time nurses, who are regularly scheduled to work a minimum of 20 hours in a 7 day period, or 40 hours in a 14 day period, and receive prorated salaries and benefits as provided in the civil service rules, Title 357 WAC; and (3) per diem nurses, who are temporary University of Washington employees not covered under the provisions of the civil service rules or the CBA. The CBA provides that per diem nurses “may be used for the purpose of providing coverage during periods when regular staff are on leaves [and] to provide coverage for recruitment of vacancies, orientation periods and fluctuations in census.”2

¶4 The principal structural difference between the positions of classified nurse and per diem nurse is the nature of the commitments required on the part of both Harborview and the nurse. This is reflected in the scheduling priority each category receives, in how much and when the nurses work, and in how the nurse manager schedules the categories of nurses.

¶5 Dana Hermann, the assistant director of patient care services administration, explained in her declaration the schedule commitment that defines the categories of nurses. A classified nurse is hired for a shift (i.e., day, evening, rotating), a shift length, and a full-time equivalent (FTE). That nurse works a fixed full or partial schedule based on the shift and shift length for which she has been hired. A classified nurse must work the committed hours within a pay period to fulfill the FTE for Harborview to meet its [285]*285budgeted staffing levels. Classified nurses may submit a request to work a particular pattern of days within their FTE and shift assignment. A classified nurse wishing to change any aspect of her schedule must submit the request, and these change requests will be granted to the extent the schedule permits or when a shift or shift length becomes available.

¶6 In contrast to the scheduling strictures for classified nurses, Harborview’s per diem policy specifies that per diem nurses, within certain guidelines, determine how much and when they work. Per diem staff submit availability sheets for four weeks at a time, five weeks prior to the start of the four week schedule. The minimum work requirement is 48 hours per four week period. Neither the per diem policy nor the per diem nurse info sheet specifies a maximum number of hours. In fact, registered nurses are specifically exempted from the yearly 950 hour limit to which all other University of Washington temporary staff are subject.

¶7 Cathleen Brown, the assistant nurse manager for Harborview’s operating room, explained the scheduling process in her declaration. She is responsible for preparing the four week schedule, which she completes approximately one month ahead of time. Brown begins by populating the schedule with the classified nurses, who have each committed to a fixed full or partial schedule. She then assigns classified nurses with varied or rotating schedules as needed. If classified nurses have requested leave, she grants those requests if they are compatible with staffing needs. Once she has put the classified nurses into the schedule, she assigns shifts to the travelers.

¶8 Finally, Brown consults the availability sheets that each per diem nurse has submitted. On these sheets, the per diem nurses have indicated their availability for the upcoming four week scheduling block. If an opening in the schedule fits with a shift a per diem nurse has indicated on her availability sheet, Brown assigns the shift to that per diem nurse. Once scheduled by a nurse manager, the per [286]*286diem staff is expected to honor the commitment with the exception of illness or serious emergency. Harborview does not guarantee a minimum or maximum number of annual work hours.

¶9 Lane sued Harborview under the misclassification act, chapter 49.44 RCW, seeking as her remedy the benefits afforded to classified nurses under the CBA. The trial court granted summary judgment in favor of Harborview on the issue of whether Harborview had misclassified Lane as a per diem nurse instead of a classified nurse. The trial court also denied Lane’s motion for partial summary judgment on the same misclassification issue.3 Lane seeks review of both the order denying her motion for partial summary judgment and the order granting Harborview’s motion for summary judgment.

DISCUSSION

I. Evidentiary Questions

¶10 We review de novo evidentiary decisions made in conjunction with an order on summary judgment. Folsom v. Burger King, 135 Wn.2d 658, 663, 958 P.2d 301 (1998).

¶11 Lane submitted a short declaration in opposition to Harborview’s motion for summary judgment. Harborview moved to strike portions of Lane’s declaration. Lane contends the court erred when it struck the statements in her declaration that she received less pay and fewer benefits than regular nurses and when it struck the statements about nurse scheduling.

¶12 Responses by an adverse party to a motion for summary judgment must be made on personal knowledge, must set forth facts that would be admissible in evidence, and must show affirmatively that the declarant of such facts is competent to testify to the matters stated therein. [287]*287CR 56(e); Grimwood v. Univ. of Puget Sound, Inc., 110 Wn.2d 355, 359, 753 P.2d 517 (1988). A plaintiff may not defeat summary judgment by relating conclusions, allegations, or speculations.

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

Related

Barbara Shultz, V. Peace Health
Court of Appeals of Washington, 2025
Deshaye Harris, V. Seattle Children's Hospital
Court of Appeals of Washington, 2024
Victor L. Wiedemann, Sr., V. David A. Keller, D.d.s.
Court of Appeals of Washington, 2024
Kyle J. Branchick, V Melrose Station Homeowners Assoc.
Court of Appeals of Washington, 2023
Citibank v. Daniel Peterson And Kristi Peterson
Court of Appeals of Washington, 2021
Rebecca Fowler v. Brent Swift
Court of Appeals of Washington, 2019
Lucas James Snyder, V David Griswold
Court of Appeals of Washington, 2019
Kitsap County v. Lorna Young
Court of Appeals of Washington, 2018
F.p.h. Construction, Inc. v. Mahmoud Shahrezaei
Court of Appeals of Washington, 2017
Michael McGowan, et ux v. City of Asotin
Court of Appeals of Washington, 2016
Darla Keck v. Chad P. Collins, DMD
Court of Appeals of Washington, 2014
Keck v. Collins
325 P.3d 306 (Court of Appeals of Washington, 2014)
In re the Estate of Blessing
160 Wash. App. 847 (Court of Appeals of Washington, 2011)
In Re Estate of Blessing
248 P.3d 1107 (Court of Appeals of Washington, 2011)
Lane v. HARBORVIEW MEDICAL CENTER
227 P.3d 297 (Court of Appeals of Washington, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
154 Wash. App. 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lane-v-harborview-medical-center-washctapp-2010.