Mr. Mark E. Vovos, Attorney at Law, on behalf of the Petitioner

Mr. John E. Lamp, Assistant Attorney General, Slade Gorton, Attorney General, on behalf of Eastern Washington State College.

Mr. Richard A. Finnigan, Assistant Attorney General, Slade Gorton, Attorney General, amicus curiae, on behalf of the four year colleges other than the Respondent.

Mr. James B. Wilson, Assistant Attorney General, Slade Gorton, Attorney General, amicus curiae, on behalf of the University of Washington.

MEMORANDUM DECISION

On November 16, 1976, Local 1823, American Federation of Teachers, AFL-CIO, filed a petition with the Commission seeking a declaratory ruling on the issue:

"Whether, for the purposes and within the meaning of the Public Employees' Collective Bargaining Act (RCW 41.56), Eastern Washington State College, as a matter of law, is a "municipal corporation", or a "quasi-municipal corporation", or a "political subdivision", or a combination thereof, of the State of Washington and consequently its faculty members have existing organizational and collective bargaining rights?"

The Commission considered the matter on January 14, 1977 for the limited purpose of making a preliminary procedural ruling pursuant to WAC 391-08-500, and determined at that time to proceed under WAC 391-08-500(3) by setting a period for the submission of written evidence and arguments on the matter.

POSITION OF THE PETITIONER:

The Petitioner relies primarily on the language of RCW 41.56.010 and RCW 41.56.020 and the expansive interpretation of that language by the State Supreme Court in Roza Irrigation District v. State, 80 Wn.-2d 633,497 P.2d 166 (1973). The Petitioner contends that the Employer is already a municipal corporation, a quasi-municipal corporation and/or a political subdivision within the meaning of and subject to the coverage of RCW 41.56.

POSITION OF THE RESPONDENT:

The Employer contends that it is a State agency, rather than a municipal corporation, quasi-municipal corporation or a political subdivision. The Employer also points out the pendency of a bill in the legislature which would provide collective bargaining rights for employees represented by the Petitioner, and contends that the pendency of that legislation indicates an absence of existing collective bargaining rights for those employees.

POSITIONS AMICUS CURIAE:

Both of the briefs filed amicus curiae urge a finding that the Employer herein, and the State's four year colleges and universities generally, are agencies of the State which are not subject to the jurisdiction of the Commission under RCW 41.56.

DISCUSSION:

The Commission has considered the legislative history of RCW 41.56. The statute was enacted as Chapter 108, Laws of 1967, Ex.Sess., and was then administered by the Department of Labor & Industries. We note that Chapter 108, Laws of 1967, Ex.Sess.also added the "collective bargaining" concept to RCW 41.06.150 (relating to State civil service employees), subject to administration by the State Personnel Board. The "collective bargaining" concept in the provision now codified as RCW 28B.16.100 (relating to classified employees of the State institutions of higher education) was enacted as Chapter 36, Laws of 1969, Ex.Sess., subject to administration by the Higher Education Personnel Board. RCW 41.56 was amended by Chapter 215, Laws of 1969, Ex.Sess. to define and provide for prevention of unfair labor practices, again subject to administration by the Department of Labor & Industries. The same chapter of the session laws created RCW 41.06.340 and RCW 28B.16.230, both of which cross-reference the substantive provisions of Chapter 41.56 but are subject to administration by the separate personnel boards. Administrative authority with respect to RCW 41.56, RCW 41.59 (relating to certificated employees of school districts), RCW 28B.52 (relating to academic faculties of community college districts), RCW 47.64 (relating to employees of the Washington State Ferries system) and RCW 53.18 (relating to employees of port districts) was transferred to the Public Employment Relations Commission by Chapter 296, Laws of 1975, 1st Ex.Sess.; but the collective bargaining rights of affected employee groups were not expanded thereby. RCW 41.58.005(3) provides:

"(3) Nothing contained in this 1975 amendatory act shall be construed to alter any power or authority regarding the scope of collective bargaining in the employment areas affected by this 1975 amendatory act, but this amendatory act shall be construed as transferring existing jurisdiction and authority to the public employment relations commission."

The legislature did not transfer jurisdiction over labor relations in State civil service employment from the State Personnel Board and the Higher Education Personnel Board to this Commission. Each of those agencies continues to exercise exclusive authority with respect to "public employment relations".

In its decision in Roza, the State Supreme Court clearly recognized a distinction between the "public employees" of the State itself and the "public employees" of local units of government. The Court stated:

"The employees covered are 'all public employees' except those expressly exempted. It appears evident, however, that the legislature did not intend to include employees of the state itself, but rather employees at the local level, since state employees are not referred to in RCW 41.56.020 (except insofar as employees of the toll bridge authority may be regarded as state employees, that authority covered by RCW 47.64.030 and .040 being expressly exempted)" 80 Wn.2d at 638.

and further stated:

"The reason for each of these exceptions is easily discerned, since the cited statutes contain other provisions for employer-employee relations procedures and remedies. Not only does this fact confirm the manifest purpose to extend the benefits of the act to public employees at the local level generally, but the very nature of the exceptions makes it indisputable that the legislature was aware of having used the term municipal corporation in its broad sense." 80 Wn.2d at 640. (Emphasis supplied).

In view of the obvious care in draftsmanship evidenced by the specific exclusions of certain types of "public employees" from RCW 41.56,[1] had the legislature intended that Eastern Washington State College be considered to be within the ambit of the terminology "municipal corporation or any political subdivision of the state of Washington"[2], it would have expressly excluded from the coverage of RCW 41.56 those employees of the College subject to RCW 28B.16 (classified employees) to whom it gave parallel collective bargaining rights subject to administration by a different administrative agency. The continuing absence of such an exemption following the portions of the Roza decision quoted above support the conclusion that the legislature did not intend that its institutions of higher education or its State agencies generally be considered to be municipal corporations or political subdivisions of the State as those terms are used in RCW 41.56.020. Therefore, the Commission makes the following:

FINDINGS OF FACT

1.                  Local 1823, American Federation of Teachers, AFL-CIO, has filed a petition with the Commission seeking a declaratory ruling on a matter of law relating to the interpretation and application of RCW 41.56.020.

2.                  The Employer which the Petitioner seeks to have made subject to the provisions of RCW 41.56 is Eastern Washington State College, a four-year institution of higher education located at Cheney, Washington. The Employer is an instrumentality of the State of Washington existing pursuant to RCW 28B.10.015.

CONCLUSIONS OF LAW

1.                  The Public Employment Relations Commission has jurisdiction to interpret RCW 41.56 and to make a declaratory ruling in this matter.

2.                  The legislative history and present language of RCW 41.56 and of RCW 41.56.020 indicate that the legislature did not intend that state institutions of higher education or State agencies generally be regarded as employers subject to the provisions of RCW 41.56.

DECLARATORY RULING

Eastern Washington State College is not, as a matter of law, a "municipal corporation" or a "political subdivision" of the State of Washington for the purposes and within the meaning of RCW 41.56 and its faculty members do not have existing organizational and collective bargaining rights pursuant to RCW 41.56.

DATED this 22^nd day of June, 1977.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

Mary Ellen Krug, Chairman

[SIGNED]

Michael H. Beck, Commissioner

[SIGNED]

Paul A. Roberts, Commissioner