Grant v. Spellman , 99 Wash. 2d 815 ( 1983 )

Dolliver, J.

In Grant v. Spellman, 96 Wn.2d 454, 635 P.2d 1071 (1981), the Washington Supreme Court held RCW 41.56.122(1) requires a public employee belong to a church or religious body to claim a union dues exemption based upon religious beliefs. The court ruled RCW 41.56.122(1), as interpreted, does not violate the free exercise of religion clause of the First Amendment. Plaintiff Grant petitioned the United States Supreme Court for a writ of certiorari. The Supreme Court granted plaintiff's petition for a writ of certiorari, vacated the opinion of this court, and remanded the case to us "for further consideration in light of Larson v. Valente, [456 U.S. 228, 72 L. Ed. 2d 33, 102 S. Ct. 1673 (1982)]." Grant v. Washington Pub. Empl. Relations Comm'n, 456 U.S. 955, 72 L. Ed. 2d 479, 102 S. Ct. 2028 (1982).

Leon G. Grant is employed as a sergeant in the King County Department of Public Safety. King County, a "public employer" under RCW 41.56.030, and Public Safety Employees Local 519 (Local 519) are parties to a collective bargaining agreement which sets the terms and conditions of employment for certain employees of the Public Safety Department. Sergeant Grant is included in the bargaining unit represented by Local 519.

The parties' contract includes a union security clause, which requires members of the bargaining unit affected by the agreement to tender periodic payments to the union as a condition of continued employment. The clause does not require anyone to become a member of Local 519. There are no requirements which might flow from membership, nor must a member of the bargaining unit affirm or adopt union policies. All that is required is for an employee to pay a share of the costs incurred by the union in representing the bargaining unit, in this instance $11.20 per month. Local 519 has a dues rebate procedure to ensure nonmembers are not required to support activities unrelated to the costs of collective bargaining.

The union security clause provides:

[Ejmployees with a bona fide religious objection to union membership and/or association based on the bona fide tenents or teachings of a church or religious body of which such employee is a member shall not be required to tender those dues or initiation fees to the Union . . .

The clause further provides employees with such religious objections may pay to a charity an amount equal to the required assessment in lieu of payment to the union.

Plaintiff asked Local 519 to rule he came within the exemption to the union security clause. Local 519 rejected the request on grounds that plaintiff's objection to tendering money to the union was not based on the bona fide religious tenets or teachings of a church or religious body. Plaintiff then petitioned the Public Employment Relations Commission (PERC) to direct Local 519 to grant his request. In denying the petition, PERC stated plaintiff's "objections are based on personal beliefs" and were thus outside the scope of the exemption found in the collective bargaining agreement.

Although it does seem to suggest adherence to our earlier interpretation of RCW 41.56.122(1) would violate the establishment clause, see Larson v. Valente, supra, the statement on remand of this case by the United States Supreme Court is delphic at best. Furthermore, beyond agreement that some further consideration of the case by this court was mandated, the opinions of the parties as to what that consideration should entail were varied and contradictory. Rather than perhaps go astray in the uncertainties of the First Amendment and engender further confusion, see Thomas v. Review Bd., 450 U.S. 707, 67 L. Ed. 2d 624, 101 S. Ct. 1425 (1981) (Rehnquist, J., dissenting), we prefer to decide the case on other grounds.

The duty of the court is to ascertain and give effect to the intent and purpose of the Legislature, as expressed in the act. In re Lehman, 93 Wn.2d 25, 27, 604 P.2d 948 (1980). Courts presume legislatures to act with integrity and with a purpose to keep within constitutional limits. Tembruell v. Seattle, 64 Wn.2d 503, 392 P.2d 453 (1964). When interpreting a statute, every presumption favors the validity of an act of the Legislature, all doubts must be resolved in support of the act, and it will not be declared unconstitutional unless it clearly appears to be so. Lenci v. Seattle, 63 Wn.2d 664, 388 P.2d 926 (1964). 2A C. Sands, Statutory Construdion § 45.11 (4th ed. 1973). If, among alternative constructions, one or more would involve serious constitutional difficulties, the court, without doing violence to the legislative purpose, will reject those interpretations in favor of a construction which will sustain the constitutionality of the statute. State ex rel. Morgan v. Kinnear, 80 Wn.2d 400, 402, 494 P.2d 1362 (1972).

With these principles before us we examine the statute in question. RCW 41.56.122(1) states:

[Agreements involving union security provisions must safeguard the right of nonassociation of public employees based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member.

It is apparent RCW 41.56.122(1) is susceptible of two meanings. If read conjunctively, it would require a public employee to belong to a church or religious body to claim a union dues exemption based on religious beliefs. If read disjunctively, the statute would allow a person to claim the union dues exemption based on either (1) bona fide religious tenets, or (2) teachings of a church or religious body of which the person is a member. See dissent of Mary Ellen Krug, Chair of The Public Employment Relations Commission, In the Matter of the Petition of Leon Grant, Decision 591-A PECB.

While plaintiffs beliefs are personal, the evidence is persuasive they are also deeply held religious beliefs. Grant v. Spellman, supra at 457. Under a disjunctive reading of RCW 41.56.122(1), plaintiff would be authorized to pay an amount equal to his union dues to a charity as provided by the statute. Bearing in mind our duty to uphold the constitutionality of a statute if possible, we hold plaintiff does come under the terms of RCW 41.56.122(1) and that Local 519, either by rewriting or reinterpreting the union security clause in the agreement between it and King County, must allow him to contribute his union dues to a charity.

Two further comments: (1) Whether an individual is to be granted an RCW 41.56.122(1) exemption from a union security agreement is dependent upon proof of the bona fide religious beliefs of the individual or the religious group. See Larson v. Valente, 456 U.S. at 255 n.30. The exemption is not automatic. (2) While there is some legislative history to the effect that an exemption based on personal religious beliefs was not contemplated by the Legislature, see brief of amici curiae on behalf of General Conference of Seventh-Day Adventists; Public Employees Collective Bargaining Comm., 1969-71 Biennial Report 4 (2d rev. ed. 1971), we find it not to be controlling, particularly in view of our comments as to the presumption favoring the validity and constitutionality of legislative acts. If the Legislature does wish to distinguish between personal and denominational religious beliefs, it may, of course, amend the statute, although questions might arise as to the constitutionality of that action. See Larson v. Valente, supra; Thomas v. Review Bd., supra; United States v. Seeger, 380 U.S. 163, 13 L. Ed. 2d 733, 85 S. Ct. 850 (1965). See also Lemon v. Kurtzman, 403 U.S. 602, 29 L. Ed. 2d 745, 91 S. Ct. 2105 (1971).

The decision of this court in Grant v. Spellman, supra, is vacated. The judgment of the trial court is reversed. Plaintiff is entitled to an exemption under the terms of RCW 41.56.122(1).

Rosellini and Dore, JJ., concur.