Wash. Supreme Court published opinion — 897239.pdf

Citation: Wash. Supreme Court published opinion — 897239.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/897239.pdf ↗

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Fila Foods, LLC v. City of SeaTac
89723-9

labor standard does not impermissibly intrude upon the collective-bargaining

process." Id. at 23. 6

Filo Foods further argues that Proposition 1 is not a permissible minimum labor

standard because of its waive-out provision. The waive-out provision permits

employers and employees to agree to waive Proposition 1 's substantive requirements,

but only "in a bona fide collective bargaining agreement." SEATAC MUNICIPAL CODE

7.45.080. This, Filo Foods contends, "upsets the balance of power between labor and

management by placing non-union employers in positions where they will be required

to recognize unions in order to avoid the Ordinance." Filo Foods's Opening Br. at 37.

Yet again, in Fort Halifax Packing Co., the United States Supreme Court considered

and rejected this argument:

Appellant maintains that this case is distinguishable from
Metropolitan Life. It points out that, unlike Metropolitan Life, the