Muir v. Council 2 Washington State Council of County & City Employees
Muir v. Council 2 Washington State Council of County & City Employees
Opinion of the Court
¶1 Doyle Muir sued his union, alleging breach of the duty of fair representation. Although the undisputed evidence established that the union’s decision not to take his wage grievance to arbitration was not arbitrary, discriminatory, or in bad faith, the superior court denied its motion for summary judgment. We reverse.
BACKGROUND
¶2 Doyle Muir worked for San Juan County as a road maintenance supervisor. In August 2003, the county terminated his employment. Muir filed a grievance. His union, Council 2 Washington State Council of County & City Employees and Local 1849 (Council 2), submitted the
¶3 The parties agree that Muir’s demotion constituted an involuntary transfer under the collective bargaining agreement (CBA). The relevant provision of the CBA provides:
An employee who is involuntarily transferred to a position in a lower classification shall be placed on the step of the new pay range equivalent to their rate of pay prior to the transfer, if such step exists. If no such step exists, the employee shall be “redlined” until the lower pay range catches up or until the expiration of twelve (12) months, whichever occurs first. This section shall not apply to reduction in force situations.[2]
There was no step on the equipment operator pay range equivalent to the pay Muir received as a supervisor. The county and the union agreed Muir would be “redlined” and the arbitrator set Muir’s reinstatement date, May 10, 2004, as the redline commencement date.
¶4 Muir was paid at his supervisory rate for 12 months, until May 2005. The county then reduced his wage to that of an equipment operator.
¶5 Muir filed a grievance over his reduction in pay, arguing he should continue to be paid the higher wage because the involuntary transfer clause does not clearly
¶6 After the final denial of his grievance, Muir requested that Council 2 pursue arbitration on his behalf. Believing arbitration would be unsuccessful, Council 2 declined. Muir sued the union for breach of the duty of fair representation. Council 2 moved for summary judgment, which the trial court denied. We granted discretionary review. We apply the usual standard of review for summary judgment.
DISCUSSION
¶7 A union must fairly represent its members.
¶8 In the context of grievance processing, the duty of fair representation prohibits a union from ignoring a meritorious grievance or processing a grievance in a perfunctory manner.
¶9 Muir contends Council 2 breached its duty “by discriminating against him; by refusing to arbitrate the County’s reduction of his wage rate; by arbitrarily asserting his wage rate had been determined by a prior arbitration; by arbitrarily conducting its investigation and because the decision was premised upon Council 2’s animosity toward Muir.”
Arbitrariness
¶10 Muir contends Council 2’s refusal to arbitrate his wage reduction grievance was arbitrary because his grievance advanced the only reasonable interpretation of the involuntary transfer clause. We do not agree.
¶11 The involuntary transfer clause provided that the employee be “ ‘redlined’ until the lower pay range catches up or until the expiration of twelve (12) months, whichever occurs first.”
¶13 The undisputed facts establish that the union both deliberated the merits of the grievance and has a rational and nondiscriminatory explanation for declining to pursue it.
¶14 Council 2 asked its general counsel, Audrey Eide, to assess the merits of Muir’s grievance. Eide followed her usual procedures for evaluating a grievance: she reviewed the CBA and the arbitrator’s opinions and orders, and she consulted with the attorney who represented Muir at the previous arbitration. She also obtained information about Gerry Brown, the former employee whom Muir identified as an example of the county’s disparate treatment. Eide learned that Brown was not demoted as part of a disciplinary action but had been “reclassified” when his job was eliminated, and she concluded Brown’s experience did not establish a past practice that would bind the county to pay Muir the higher wage indefinitely. Ultimately Eide concluded Muir’s grievance would likely fail. The union president relied on Eide’s opinion in deciding not to pursue arbitration.
¶15 Even if Council 2’s evaluation was incorrect, “a union’s conduct may not be deemed arbitrary simply because of an error in evaluating the merits of a grievance [or] in interpreting particular provisions of a collective bargaining agreement.”
Discrimination and Bad Faith
¶17 Muir’s complaint also alleged that the union breached its duty by discriminating against him and acting in bad faith. The trial court did not address these issues. We have reviewed the record and discern no genuine issues of material fact.
¶18 Below, the only evidence Muir presented on his discrimination claim was his impression that the union treated him differently than it treated Brown. But Muir concedes that the union considered the two situations and found them dissimilar. Muir also claimed the union was dishonest in certain letters it wrote him but admits he had no evidence the authors did not believe what they wrote. When asked whether he had evidence that Council 2 President Chris Dugovich or General Counsel Eide had any personal or professional animosity toward him, Muir stated, “Not that I can recall.”
¶19 On appeal, Muir points to two excerpts from Dugovich’s testimony as proof of discrimination. Dugovich testified that the union “arbitrate [s] to a fault” and always “givefs] the benefit of the doubt” to the employee,
¶20 Muir’s claims of Dugovich’s bias and bad faith are similarly unsupported. He asserts Dugovich instructed the local executive board to ask for Muir’s resignation as president, but the record does not so indicate. Rather, the evidence is that Local 1849 board members were unhappy with Muir’s conduct as president and wished to file charges against him. Dugovich advised against it, on grounds that such a process could be “long, painful and sometimes unsatisfactory” and that “short of doing that,” the board could request Muir to resign.
¶21 Muir also cites several letters written by Dugovich after Muir sued Council 2 and Local 1849 that discuss Muir’s lawsuit and warn members that Muir may not be acting in their best interests. These letters do not support a finding that Dugovich’s decision not to pursue arbitration was taken in bad faith or in a discriminatory fashion.
CONCLUSION
¶22 Muir has failed to raise a genuine issue of material fact on his claim of breach of the duty of fair representation.
¶23 We reverse and remand for entry of summary judgment for Council 2.
Review denied at 169 Wn.2d 1008 (2010).
Clerk’s Papers (CP) at 137.
2 CP at 52.
Appellate courts review decisions on motions for summary judgment de novo, viewing the facts and all reasonable inferences therefrom in favor of the nonmoving party. Johnson v. King County, 148 Wn. App. 220, 225, 198 P.3d 546 (2009); Anderson v. State Farm Mut. Ins. Co., 101 Wn. App. 323, 329, 2 P.3d 1029 (2000). Summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. CR 56(c).
Allen v. Seattle Police Officers’ Guild, 100 Wn.2d 361, 374, 670 P.2d 246 (1983).
Lindsey v. Mun. of Metro. Seattle, 49 Wn. App. 145, 148, 741 P.2d 575 (1987).
Id. at 149; Womble v. Local Union 73, Int’l Bhd. of Elec. Workers, 64 Wn. App. 698, 701, 826 P.2d 224 (1992).
Lindsey, 49 Wn. App. at 149.
Id. at 150 (quoting Castelli v. Douglas Aircraft Co., 752 F.2d 1480, 1483 (9th Cir. 1985)).
Resp’t’s Br. at 31.
CP at 52.
Slevira v. W. Sugar Co., 200 F.3d 1218, 1221 (9th Cir. 2000); accord Peters v. Burlington N. R.R., 931 F.2d 534, 540 (9th Cir. 1990); Lindsey, 49 Wn. App. at 152-53.
Peterson v. Kennedy, 771 F.2d 1244, 1254 (9th Cir. 1985).
CP at 156.
CP at 584.
CP at 282.
CP at 300-01.
Reference
- Full Case Name
- Doyle Muir v. Council 2 Washington State Council of County & City Employees
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- 7 cases
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- Published