312 P.3d 665
Wash. Ct. App.2013Background
- WSNA sued Evergreen Hospital seeking injunctive relief and monetary recovery for nurses who missed rest breaks; the union entered a settlement with Evergreen.
- The trial court invalidated the settlement, concluding WSNA lacked associational standing to pursue monetary relief for members and that CR 23(e) court approval issues affected the settlement and individual releases.
- WSNA appealed the standing ruling; the opinion tracks a related Evergreen appeal and adopts its factual background.
- The legal dispute focused on whether the union could establish damages without individual members’ participation and whether injunctive relief affects associational standing analysis.
- The Court of Appeals reversed, holding WSNA had associational standing and that invalidation of the settlement on standing and CR 23(e) bases was erroneous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a union has associational standing to sue for injunctive relief and back pay for missed breaks | WSNA: union may represent members; damages can be established without individual participation; injunctive relief independently supports standing | Trial court/Evergreen: monetary damages vary by member, records are inadequate, individual participation required; CR 23(e) approval lacking | Court: union has associational standing; damages can be proved without joining members (representative evidence, inferences); injunctive claim also supports standing; settlement invalidation on standing/CR 23(e) grounds reversed |
| Whether lack of precise employer records defeats associational standing | WSNA: absence of records does not bar standing; damages may be established by reasonable inference and representative testimony | Evergreen: no precise records means amounts not easily ascertainable, so third associational-standing requirement fails | Court: reasonable inference and representative testimony suffice; employer’s record absence is not fatal to standing |
| Whether individual members must be parties/witnesses for damage calculations | WSNA: individual witness testimony may occur but does not defeat associational standing; calculations can be made from collective data | Evergreen: participation of members is necessary to determine differing damages, defeating associational suit | Court: participation of some members as witnesses does not abrogate standing; members are not necessary parties for associational suit when damages ascertainable collectively |
| Validity of settlement and individual releases (CR 23(e) issue) | WSNA: settlement was negotiated and damages calculated without member participation; CR 23(e) objection was improper | Trial court: settlement required court approval under CR 23(e); individual releases invalid | Court: trial court erred in invalidating the settlement and releases on CR 23(e) and standing grounds; remanded for reinstatement |
Key Cases Cited
- Pugh v. Evergreen Hosp. Med. Ctr., 177 Wn. App. 348, 311 P.3d 1253 (2013) (related appellate decision addressing same settlement and standing issues)
- Int’l Ass’n of Firefighters, Local 1789 v. Spokane Airports, 146 Wn.2d 207, 45 P.3d 186 (2002) (associational standing requires damages be certain, easily ascertainable, and within defendant’s knowledge)
- Teamsters Local Union No. 117 v. Dep’t of Corr., 145 Wn. App. 507, 187 P.3d 754 (2008) (union had associational standing for on-call pay where damages were calculable from employer records and common liability issues)
- Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946) (where employer records are inadequate, courts may use reasonable inference to estimate damages)
- McLaughlin v. Ho Fat Seto, 850 F.2d 586 (9th Cir. 1988) (representative testimony can support collective damages findings when employer records are missing)