State Ferry Workers Not Entitled to Bring Court Action for Unpaid Watch Time

This case was a class action by Washington State Ferry workers.? ?They argued that the State had willfully failed to pay them for ?watch changes? that extended beyond their regular assigned work day.?? ?The Superior Court granted summary judgment to the workers. ?Division II reversed and granted ?summary ?judgment ?to ?the ?State ?on? the basis? that? the? workers? were? required? to? exhaust their collective bargaining agreement remedies or administrative remedies before the Maritime Employee?s Commission.??? ?RCW 47.62.280 authorizes a binding grievance arbitration mechanism for interpretation and application of ferry worker collective bargaining agreements or a mandatory proceeding before the Maritime Employee?s Commission.? ?The court held this trumped the employees? right to proceed under RCW 49.52.?? The appellate court agreed that the State should have paid the workers for the unpaid time. ?The time was not de minimis but rather was an essential and regular activity.? ?Davis v. Washington, 159 P.3d 427 (2007)