OFFICES AND OFFICERS - STATE - WASHINGTON TOLL BRIDGE AUTHORITY - VACATION LEAVE FOR PART TIME EMPLOYEES

OFFICES AND OFFICERS - STATE - WASHINGTON TOLL BRIDGE AUTHORITY - VACATION LEAVE FOR PART TIME EMPLOYEES.

The Washington Toll Bridge Authority may not legally allow full vacation leave to part-time employees of the Washington State Ferries with whom the Authority has executed labor agreements.  Those part-time employees whose vacation leave was not provided for by labor agreement are entitled by RCW 43.01.040 to vacation leave on a pro rata hourly basis.

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                                                                    July 27, 1959

Washington Toll Bridge Authority
Transportation Building
Olympia, Washington                                                                                                   Cite as:  AGO 59-60 No. 56

Attention:  !ttMr. D. B. Hedges,Executive Secretary

Gentlemen:

            You have requested the advice of this office as to whether the Washington Toll Bridge Authority may legally allow full vacation leave to part-time employees of the Washington State Ferries with whom the Authority has executed labor agreements.

            We answer your question in the negative.

                                                                     ANALYSIS

            Section 1, chapter 140, Laws of 1955, amending § 133, chapter 7, Laws of 1921, codified as RCW 43.01.040, provides in relevant part that:

            "Each subordinate officer and employee of the several offices, departments, and institutions of the state government shall be entitled under their contract of employment with the state government to not less than one working day of vacation leave with full pay for each month of employment if said employment is continuous for six months.

             [[Orig. Op. Page 2]]

            "Each such subordinate officer and employee shall be entitled under such contract of employment to not less than one additional working day of vacation with full pay each year for satisfactorily completing the first two, three and five continuous years of employment respectively.

            "Such part time officers or employees of the state government who are employed on a regular schedule of duration of not less than one year shall be entitled under their contract of employment to that fractional part of the vacation leave that the total number of hours of such employment bears to the total number of hours of full time employment."

            In a previous opinion of this office to you, AGO 55-57 No. 126, dated August 11, 1955, we concluded that this statute was applicable to personnel of the Washington State Ferries.  Under this statute, part-time employees are entitled to vacation leave only on a pro rata hourly basis.

            In another previous opinion, AGO 45-46, page 936, dated July 30, 1946 [[1945-46 OAG 936]], we advised the Board of Regents of the University of Washington concerning the provisions of the vacation leave statute then in force (§ 133, chapter 7, Laws of 1921):

            "We do not believe that the period fixed by statute can be extended by contract, hence conclude that so much of the contractual provisions as calls for more than two weeks vacation cannot legally be accepted."

            The executed labor agreement which you have made available to this office does not purport to grant greater vacation leave to part-time employees than is provided for by RCW 43.01.040.  Rule 15 of this labor agreement concerns only vacation leave for full-time employees.  These full-time employees are granted vacation leave in accordance with RCW 43.01.040.  Vacation leave for part-time employees was not provided for either in Rule 15 or in any other rule of the labor agreement.  These part-time employees whose vacation leave was not provided for by the labor agreement are entitled by RCW 43.01.040 to vacation leave on a pro rata hourly basis.

            Our conclusion is that the Washington Toll Bridge Authority may not legally allow full vacation leave to part-time employees of the Washington State Ferries with whom the Authority has executed labor agreements.  These part-time employees who are employed on a  [[Orig. Op. Page 3]] regular schedule of duration of not less than one year, are entitled by RCW 43.01.040 to vacation leave on a pro rata hourly basis.

            We hope that the foregoing analysis will prove helpful to you.

Very truly yours,

JOHN J. O'CONNELL
Attorney General

STANTON P. SENDER
Assistant Attorney General