[No. 44183-7-II. Division Two. March 13, 2014.]
Christopher J. Casillas (of Cline & Associates), for appellant.
Russell D. Hauge, Prosecuting Attorney, and Jacquelyn M. Aufderheide and Deborah A. Boe, Deputies, for respondents.AUTHOR: Joel Penoyar, J.P.T. We concur: Bradley A. Maxa, J., Linda Cj Lee, J.Joel Penoyar
FACTS I. LAYOFFS II. 2010-12 COLLECTIVE BARGAINING AGREEMENT SECTION I--RIGHTS OF MANAGEMENT 1. All management rights, powers, authority and functions . . . shall remain vested exclusively in Employer. It is expressly recognized that such rights, powers, authority and functions include . . . the right to establish, change, combine or eliminate jobs, positions, job classifications and descriptions [and] the determination of the number of employees. Clerk's Papers (CP) at 155-56. SECTION J--RELATIONSHIP TO CIVIL SERVICE RULES 1. Except as expressly limited by its terms, nothing in this Agreement shall supersede any matter delegated to the Kitsap County Civil Service Commission by State law or by ordinance, resolution or laws of or pertaining to the County of Kitsap and such Commission shall continue to have primary authority over the subjects within the scope of its jurisdiction and authority. If there then should be a conflict between any provisions of this Agreement and Civil Service, then the provisions of this Agreement shall govern. CP at 156. The Civil Service Rules state, "The Appointing Authority may lay off any employee in the Classified Service whenever such action is made necessary by reason of a shortage of work or funds." CP at 162. The rules also include the process for layoffs and reinstatement. III. SUPERIOR COURT ACTION ANALYSIS I. JUSTICIABILITY [1-4] "(1) . . . an actual, present[,] and existing dispute, or the mature seeds of one, as distinguished from a possible, dormant, hypothetical, speculative or moot disagreement, (2) between parties having genuine and opposing interests, (3) which involves interests that must be direct and substantial, rather than potential, theoretical, abstract[,] or academic, and (4) a judicial determination of which will be final and conclusive." Wallin, 174 Wn. App. at 777-78 (first alteration in original) (quoting To-Ro Trade Shows, 144 Wn.2d at 411). [5] II. WAIVER [6-8] [9] [10] III. MANDATORY SUBJECT [11] [12-14] [15] IV. ATTORNEY FEES [16] MAXA and LEE, JJ., concur.