421 P.3d 1059
Wyo.2018Background
- Two consolidated appeals: IAFF Locals 5058 (Campbell County) and 5067 (Jackson Hole/Teton County) sued after municipal authorities refused to recognize unions representing only full-time, career firefighters.
- Wyoming's Collective Bargaining for Fire Fighters Act defines "fire fighters" as "paid members of any regularly constituted fire department," with a proviso "unless the context requires a different interpretation."
- Both departments include full-time career, paid part-time/pool, and compensated volunteer firefighters (Campbell: ~23 career, ~200 volunteers; Jackson: 18 career, 7 pool, 79 volunteers), and volunteers/pool personnel receive monetary pay and benefits.
- Unions limited membership and voting to full-time career firefighters and sought recognition as exclusive bargaining agents; municipalities relied on the Wyoming Attorney General opinion that volunteers qualify as "paid members" and must be included in the bargaining-unit election.
- District courts granted summary judgment to the municipalities, holding volunteers/pool firefighters fall within the statutory definition and therefore should have participated in the election; the unions appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether "fire fighters" under Wyo. Stat. §27-10-101(a)(i) includes volunteers and part-time (pool) firefighters | "Fire fighters" is ambiguous; context limits the term to full‑time, career employees only | Statute is clear: volunteers/pool who receive pay are "paid members" and thus covered | Court: Definition is unambiguous and includes volunteers/pool who receive compensation; affirm municipalities |
| Whether the statute’s "unless the context requires a different interpretation" clause allows courts to exclude volunteers | Clause creates ambiguity justifying a narrower reading to exclude volunteers | Clause should be narrowly construed to avoid judicial policymaking; plain meaning controls | Court: Clause construed narrowly; no context here requires a different interpretation |
| Whether volunteers/pool are "employees" (so collective-bargaining language about wages, etc., applies) | Volunteers are not employees, so statutory references to wages/conditions imply only employees may bargain | Volunteers/pool receive monetary compensation and benefits and may be employees for purposes of the Act | Court: Volunteers/pool here receive pay/benefits and can be treated as "paid members"; statutes do not require formal employee status |
| Whether related statutes (e.g., Volunteer Firefighter pension statutes) require reading the bargaining statute to exclude volunteers | Other states and Wyoming pension statutes distinguish career vs. volunteer; that shows intent to exclude volunteers from bargaining | Those statutes show legislature can distinguish when intended; omission from bargaining statute indicates inclusion | Court: No conflict; different statutes can distinguish when intended; here omission means volunteers included |
Key Cases Cited
- EGW v. First Fed. Sav. Bank of Sheridan, 413 P.3d 106 (Wyo. 2018) (standard for de novo review of legal issues and summary judgment)
- Fugle v. Sublette Cty. Sch. Dist. No. 9, 353 P.3d 732 (Wyo. 2015) (use plain and ordinary meaning to determine legislative intent)
- In re Estate of Meyer, 367 P.3d 629 (Wyo. 2016) (statutory ambiguity prompts application of construction principles)
- PacifiCorp, Inc. v. Dep’t of Revenue, 401 P.3d 905 (Wyo. 2017) (construe statutes in pari materia and give effect to each word)
- Tony & Susan Alamo Found. v. Secretary of Labor, 471 U.S. 290 (U.S. 1985) (compensation can render volunteers "employees" under federal labor law)
- Mendel v. City of Gibraltar, 727 F.3d 565 (6th Cir. 2013) (hourly pay to volunteer firefighters constituted compensation under FLSA, supporting employee status)
- City of Casper v. Int’l Ass’n of Firefighters Local 904, 713 P.2d 1187 (Wyo. 1986) (definitions in the bargaining statute are mandatory and must be followed)