Pud 1 v. Perc

750 P.2d 1240, 110 Wash. 2d 114
CourtWashington Supreme Court
DecidedMarch 3, 1988
Docket53032-7
StatusPublished

This text of 750 P.2d 1240 (Pud 1 v. Perc) 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
Pud 1 v. Perc, 750 P.2d 1240, 110 Wash. 2d 114 (Wash. 1988).

Opinion

110 Wn.2d 114 (1988)
750 P.2d 1240

PUBLIC UTILITY DISTRICT No. 1 OF CLARK COUNTY, Petitioner,
v.
THE PUBLIC EMPLOYMENT RELATIONS COMMISSION, ET AL, Respondents.

No. 53032-7.

The Supreme Court of Washington, En Banc.

March 3, 1988.

Davis, Wright, Todd, Riese & Jones, by Stephen M. Rummage and Thomas A. Lemly, for petitioner.

Kenneth O. Eikenberry, Attorney General, and Richard A. Heath, Senior Assistant, for respondent State.

Richard D. Eadie, for respondent Union.

Hugh Hafer and John Burroughs on behalf of International Brotherhood of Electrical Workers, amici curiae for petitioner.

ANDERSEN, J.

FACTS OF CASE

At issue here is whether the Public Employment Relations Commission (PERC) has jurisdiction over labor disputes between public utility districts and their employees.

International Federation of Professional and Technical Engineers, Local 17, AFL-CIO, filed a complaint with PERC alleging that Public Utility District No. 1 of Clark County had engaged in unfair labor practices. The District sought dismissal of the charge on the grounds that PERC lacked jurisdiction over public utility districts. PERC responded with a declaratory ruling holding that it had *116 jurisdiction over the District by virtue of RCW 41.56. PUD 1 v. International Fed'n of Professional & Technical Eng'rs, Local 17, Pub. Empl. Relations Comm'n Dec. 2125 PECB (1985). The District then sought review of this ruling in Thurston County Superior Court. The court granted the District's motion to certify the case to the Court of Appeals pursuant to RCW 34.04.133, and the Court of Appeals granted review. We, in turn, then granted Local 17's motion to transfer review to this court.[1]

One issue is presented.

ISSUE

Does RCW 41.56.020 exclude public utility districts from PERC's jurisdiction?

DECISION

CONCLUSION. RCW 41.56.020 clearly states that the Public Employees' Collective Bargaining Act applies to public utility districts except where the Act conflicts with the statutes expressly referred to.

The Public Employees' Collective Bargaining Act (the Act)[2] was passed by the 1967 Legislature.[3] The purpose of the enactment was, and still is, to provide "a uniform basis for implementing the right of public employees to join labor organizations of their own choosing and to be represented by such organizations in matters concerning their employment relations with public employers."[4] In a number of respects, the Act is similar to the National Labor Relations Act.[5]

At the time the Legislature was debating this legislation, there were already a few state statutes that gave certain *117 bargaining rights to some employees of municipal corporations. Employees who already had such rights were those employed by the Washington toll bridge authority (former RCW 47.64.030 and.040),[6] public utility districts (RCW 54.04.170 and.180)[7] and school districts (former RCW 28A.72.010-.090).[8]

The 1967 Legislature was at the same time also working on other legislation which would provide bargaining rights to port district employees. That legislation was finally enacted at that same session, as RCW 53.18.[9]

As the bill to create the Act itself made clear, particularly when considered with the amendments added in the House of Representatives,[10] the Legislature was understandably concerned lest the legislation it was enacting would inadvertently repeal or conflict with existing statutes that extended bargaining rights to some municipal employees, or with the bargaining rights it was extending to port employees by separate legislation. To this end, the Legislature wrote the following italicized language into the Act:

This chapter shall apply to any county or municipal corporation, or any political subdivision of the state of Washington except as otherwise provided by RCW 47.64.030, 47.64.040, 54.04.170, 54.04.180, 28.72.010 through 28.72.090, and chapter 53.18 RCW.

(Italics ours.) Former RCW 41.56.020.[11]

The meaning of the italicized language in the statute is what this case is all about. The District argues that this language amounts to an absolute exemption which exempts *118 all agencies covered by the statutes there referred to (including public utility districts) from PERC jurisdiction. PERC contends, on the other hand, that the italicized language amounts to only a limited exemption which exempts the agencies referred to in the statute only to the extent that the listed statutes pertaining thereto conflict with the Act (RCW 41.56).

[1, 2] The foregoing statute reads to us exactly as it reads to PERC, the agency now charged with administering it. As we have said many times in many ways, "where the language of a statute is clear and unambiguous, there is no room for judicial interpretation."[12] The statute in question says and means that "[t]his chapter shall apply ... except as otherwise provided by ..." the other statutes referred to. If the Legislature had intended the meaning ascribed to it by the District, it would have said "this chapter shall not apply to the agencies covered by" the statutes referred to, or used some equivalent language entirely excluding those agencies from the Act's coverage. This it did not do. Thus, we conclude that the Act applies to public utility districts except where the Act conflicts with the public utility district statutes referred to, RCW 54.04.170 and .180.

Four additional cogent reasons buttress this conclusion.

[3] First, as PERC notes in its written opinion in this case, "[i]n arguing that [the Act] does not apply at all to public utility districts the PUD first offers a grammatical exegesis on [RCW 41.56.020]. We do not find it persuasive. We read the words `... except as otherwise provided ...' as a prepositional phrase modifying the verb `apply'.

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750 P.2d 1240, 110 Wash. 2d 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pud-1-v-perc-wash-1988.