Local Union 1433, International Ass'n of Firefighters v. City of Pasco

768 P.2d 524, 53 Wash. App. 547
CourtCourt of Appeals of Washington
DecidedMarch 2, 1989
DocketNo. 8920-7-III
StatusPublished

This text of 768 P.2d 524 (Local Union 1433, International Ass'n of Firefighters v. City of Pasco) 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
Local Union 1433, International Ass'n of Firefighters v. City of Pasco, 768 P.2d 524, 53 Wash. App. 547 (Wash. Ct. App. 1989).

Opinion

Thompson, C.J.

—The City of Pasco appeals a summary judgment in favor of Local Union 1433, International Association of Firefighters, AFL-CIO, directing the City to comply with an arbitration award. We affirm.

The Union represents fire fighters employed by the City. In 1984, the City promoted its battalion chief/fire marshal to the position of assistant fire chief, leaving the fire marshal position vacant. The fire marshal position is within the Union's bargaining unit, but the assistant chief position is not. The new assistant chief continued to perform his former fire marshal duties.

A dispute arose over the duties of the fire marshal, and in 1986, the parties referred the question to binding arbitration as provided by their collective bargaining agreement. The arbitrator framed the issues before him as follows:

1. Did the City violate Article I [of the collective bargaining agreement] by assigning bargaining unit work to the Assistant Chief?

2. Did the City violate Article XIX [of the collective bargaining agreement] by failing to fill the fire marshall/battalion chief position?

3. If so, what is the appropriate remedy?

The arbitrator's award, dated May 21, 1987, concluded:

1. The City violated Article I by assigning bargaining unit work to the Assistant Chief.

2. The City did not violate Article XIX by failing to fill the fire marshall/battalion chief position.

[549]*5493. The appropriate remedy is as follows. The City is hereby ordered to cease assigning fire marshall/bat-talion chief work to non-unit personnel. And, when it decides to fill the position, it must do so according to Civil Service Rules and Regulations as required by Article XIX.

Despite the specific language in the arbitration award, the assistant fire chief continued to perform fire marshal duties. In June 1987, the City offered to negotiate with the Union over its proposal to eliminate the fire marshal position and transfer the duties outside the bargaining unit to the building inspection division. The Union apparently entered into these negotiations, but initiated this action to enforce the arbitrator's award on July 31, 1987. On August 19, 1987, the City declared the negotiations at impasse and transferred the fire marshal duties to the building inspection division.

The Superior Court granted the Union's motion for summary judgment, and ordered the City to comply with the arbitration award in all respects.

The sole issue is whether the City violated the arbitration award by transferring the fire marshal's duties outside the bargaining unit. The City's primary contention is that the language in the arbitration award must be narrowly construed to apply only to the precise circumstances raised in the grievance: transfer of the fire marshal duties to the assistant chief position.

Binding arbitration is the final step in what has been termed a "system of industrial self-government". United Steelworkers v. Warrior & Gulf Nav. Co., 363 U.S. 574, 581, 4 L. Ed. 2d 1409, 80 S. Ct. 1347 (I960).1

Arbitration is the means of solving the unforeseeable by molding a system of private law for all the problems which may arise and to provide for their solution in a way which will generally accord with the variant needs [550]*550and desires of the parties. The processing of disputes through the grievance machinery is actually a vehicle by which meaning and content are given to the collective bargaining agreement.
. . . The grievance procedure is, in other words, a part of the continuous collective bargaining process.

United Steelworkers v. Warrior & Gulf Nav. Co., 363 U.S. at 581. The judiciary plays only a limited role in this private dispute resolution system.

The courts are not authorized to reconsider the merits of an award even though the parties may allege that the award rests on errors of fact or on misinterpretation of the contract. "The refusal of courts to review the merits of an arbitration award is the proper approach to arbitration under collective bargaining agreements. The federal policy of settling labor disputes by arbitration would be undermined if courts had the final say on the merits of the awards." Steelworkers v. Enterprise Wheel & Car Corp., 363 U. S. 593, 596, [80 S.Ct. 1358, 1360, 4 L.Ed.2d 1424] (I960). As long as the arbitrator's award "draws its essence from the collective bargaining agreement," and is not merely "his own brand of industrial justice," the award is legitimate. Id., at 597, 80 S.Ct., at 1361.

United Paperworkers Int'l Union v. Misco, Inc., 484 U.S. 29, 36, 98 L. Ed. 2d 286, 108 S. Ct. 364, 370 (1987). Consistent with this policy, Washington decisions allow arbitrators wide latitude in fashioning awards. Endicott Educ. Ass'n v. Endicott Sch. Dist. 308, 43 Wn. App. 392, 394-95, 717 P.2d 763 (1986); see North Beach Educ. Ass'n v. North Beach Sch. Dist. 64, 31 Wn. App. 77, 85-86, 639 P.2d 821 (1982).

In light of these general principles, the City's insistence on a narrow interpretation of the arbitration award is incorrect. The award expressly bars transfer of fire marshal duties to nonunit personnel: "The City is hereby ordered to cease assigning fire marshall/battalion chief work to non-unit personnel." Building inspectors are nonunit personnel. The City violated the award in making the transfer.

The City contends, however, the arbitrator exceeded his contractual authority. It argues that, under the collective [551]*551bargaining agreement, "[t]he Arbitrator shall have no power to destroy, change, delete from, add to or alter the terms of this Agreement". However, the City is incorrect in its argument that the arbitrator found the collective bargaining agreement "silent on the issue". The arbitrator found the transfer of work outside the bargaining unit was a violation of the agreement's recognition clause, Article 1. The award was based on the parties' agreement, and was not the arbitrator's "own brand of industrial justice". United Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S. 593, 597, 4 L. Ed. 2d 1424, 80 S. Ct. 1358 (1960). The arbitrator's award did not add a term to the agreement. It merely interpreted an existing term.

The City also argues the arbitration order was unnecessarily broad, and should not have reached the expanded issue of whether the agreement barred all transfers of fire marshal duties outside the bargaining unit. However, the arbitrator first needed to decide the broad issue in order to resolve the narrow issue presented.

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