20 Wash. App. 435 | Wash. Ct. App. | 1978
The International Brotherhood of Electrical Workers, Local 483 (Union) appeals from a summary judgment in favor of the City of Tacoma (City), ruling that a labor dispute between the City and the Union was not subject to arbitration.
The union represents workers in the City of Tacoma Department of Public Utilities, Light Division. For a number of years, two day-shift load dispatchers were paid at 128 percent of the rate paid to journeymen-linemen. On all other shifts one load dispatcher was paid at the 128 percent rate, and one was paid at a 113.5 percent rate. On May 16,
The sole issue is whether this dispute is arbitrable under the labor agreement in effect at the time the dispute arose. That agreement provides that grievances which are not resolved at prior stages of the grievance procedure must be referred to binding arbitration. The crux of the problem is the parties' differing interpretations of the term "grievance." Section 5.2 of the labor agreement defines "grievance" as follows:
An alleged violation of the terms of this Agreement submitted to the Department in writing within thirty (30) days of the alleged violation.
Section 2.1 of the agreement states that the Union "shall be the exclusive bargaining agent in all matters of wages, hours, and employment conditions in the application of this Agreement ..." (Italics ours.) Furthermore, article 18 of the agreement sets out in great detail the wage scales to be applied to numerous positions. In view of these provisions in the contract, it is impossible to reach any conclusion other than the one urged by the Union — this dispute relates to wages, which are contained in the agreement, and the matter is a grievance subject to arbitration.
The City argues that the management rights clause exempts this dispute from arbitration. That clause reserves
In determining whether a dispute is arbitrable under a labor contract, courts should exercise great caution and restraint to avoid usurping the role of the arbitrator by going beyond the question of arbitrability and becoming involved in the merits of the dispute. Hanford Guards Local 21 v. General Elec. Co., 57 Wn.2d 491, 358 P.2d 307 (1961). Where a provision of a collective bargaining agreement is subject to two interpretations, the one which would require arbitration should be adopted. Jennings v. Westinghouse Elec. Corp., 283 F. Supp. 308 (S.D.N.Y. 1968). On nearly identical facts, the parties in Union Employers Div. of Printing Indus. v. Columbia Typo. Union 101, 353 F. Supp. 1348 (D.D.C. 1973), agreed that the matter was arbitrable. In view of the above considerations, all doubts should be resolved in favor of arbitrability.
Petrie and Reed, JJ., concur.