Joshua Billings, V Town Of Steilacoom
49631-3
| Wash. Ct. App. | Sep 26, 2017Background
- Joshua Billings was a Steilacoom public safety employee (police/fire) demoted in May 2012 and terminated in September 2012 after internal investigations.
- The Steilacoom Officers’ Association (union) pursued grievance arbitration; after a 10-day hearing the arbitrator found just cause to terminate (but not to demote) and issued a written, "final and binding" award under the CBA.
- Billings sued in superior court raising WLAD discrimination/retaliation, negligence/IIED, negligent supervision, wrongful discharge in violation of public policy, and later added a § 1983 First Amendment claim.
- Defendants moved for summary judgment, arguing (among other defenses) collateral estoppel based on the arbitration award; they also moved to strike a pro-plaintiff expert declaration.
- The trial court struck the declaration, granted summary judgment on all state claims (holding collateral estoppel applied), and dismissed the § 1983 claim on the merits for failure to show protected speech or causation.
- Billings appealed; the Court of Appeals affirmed in all respects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether arbitration award is a "final judgment" for collateral estoppel | Arbitration award is not a court judgment and is hearsay; thus cannot have preclusive effect | CBA designated the arbitrator’s written decision as "final and binding;" arbitration awards are entitled to finality and preclusive effect | Award treated as final under the CBA; collateral estoppel may apply to arbitrator determinations |
| Whether collateral estoppel precludes Billings’s state-law claims (WLAD, retaliation, wrongful discharge, negligence) | Collateral estoppel would deny Billings a jury trial and is unfair because arbitration was different forum; issues are not identical | Issues decided in arbitration (existence of just cause) are identical to elements required by Billings’s state claims; Billings had full and fair opportunity to litigate | Collateral estoppel applies; state-law claims barred because arbitrator found just cause for termination |
| Whether Carpenter declaration created a material factual dispute | Declaration shows relevant facts undermining arbitrator findings on tactics/discipline | Declaration is irrelevant/inadmissible to issues decided by arbitrator and to termination reasons | Trial court did not abuse discretion striking the declaration because it was not relevant to the arbitrator’s bases for termination |
| Whether § 1983 First Amendment claim survives (and whether arbitration precludes it) | Speech regarding hiring, workplace complaints, union activity concerned matters of public concern and motivated termination; arbitration should not preclude § 1983 | Even if not precluded by arbitration, Billings failed to show protected speech or a causal link; arbitration findings support defendants’ nondiscriminatory reasons | Court need not decide estoppel for § 1983; § 1983 claim fails on the merits for lack of demonstrated protected speech and causal nexus |
Key Cases Cited
- Hadley v. Maxwell, 144 Wn.2d 306 (Wash. 2001) (four-part collateral estoppel test and full-and-fair-hearing requirement)
- Godfrey v. Hartford Cas. Ins. Co., 142 Wn.2d 885 (Wash. 2001) (public policy favoring finality of arbitration awards)
- Int’l Union of Operating Eng’rs, Local 286 v. Port of Seattle, 176 Wn.2d 712 (Wash. 2013) (limited judicial review of arbitrator exceeds authority/public-policy vacatur)
- Yakima County v. Yakima County Law Enf’t Officers Guild, 157 Wn. App. 304 (Wash. Ct. App.) (deference to labor arbitrator as final judge of facts and law)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (burden-shifting framework for disparate-treatment claims)
- Connick v. Myers, 461 U.S. 138 (U.S. 1983) (test for whether employee speech addresses a matter of public concern)