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Alaska Airlines Asks State Supreme Court To Reverse SeaTac Minimum Wage Decision

Ashley Gross
/
KPLU
Supporters of the SeaTac minimum wage initiative packed a city council meeting in 2013

There’s a new twist in the legal battle over the city of SeaTac’s $15 minimum wage ordinance. Alaska Airlines and other businesses are now asking the Washington Supreme Court to reverse its recent opinion, in which five of nine justices ruled that SeaTac’s minimum wage applies to workers at Sea-Tac International Airport.

The plaintiffs list a number of reasons why the court should reconsider, including their argument that SeaTac's minimum wage ordinance conflicts with federal labor law because the city law tries to do too much. <--break->

"Proposition 1 imposes onerous substantive requirements on nearly every aspect of the employment relationship, and the only way for an employer to avoid application of the ordinance is to enter into a collective bargaining relationship with a union and negotiate a waiver," the plaintiffs argued in their motion filed on Wednesday.

The proposition narrowly approved by SeaTac voters in 2013 requires, for example, that workers accrue paid sick leave and that part-time workers should be offered additional hours before an employer could hire extra workers. It does allow for waivers to the law if negotiated through collective bargaining.

Does The Law Interfere With Airport Operations?

Alaska Airlines and the other plaintiffs also argue that they should have an opportunity to present information showing how the higher minimum wage will interfere with airport operations.

“Usually the Supreme Court, what courts do, is when it appears that further fact-finding is required, it’s remanded to a lower court so that fact-finding can occur, and that’s the normal process," said Cecilia Cordova, an attorney for Filo Foods and BF Foods, which operate a restaurant and bagel shops at the airport.

She says that’s what should happen now – the case should be sent back to a lower court judge to gather more information about how the wage law would impact airport operations.

Labor groups are criticizing Alaska Airlines for taking this legal step. The head of the union-backed group, Working Washington, said in a letter to Alaska’s CEO, Brad Tilden, that the company has a strategy of “delay for delay’s sake.”

"The stalling tactics have gone on long enough," Working Washington Executive Director Sejal Parikh wrote. "Many workers at Sea-Tac will get their paychecks Friday. They expect to see their $15.24/hour and backpay on those checks."

In a statement, Alaska Airlines spokeswoman Bobbie Egan said what the plaintiffs want is "clarification" from the court. 

"As is, we don't know how tenants and vendors can comply with the Supreme Court decision, so Filo Foods and Alaska are seeking clarification," she wrote.

In July 2017, Ashley Gross became KNKX's youth and education reporter after years of covering the business and labor beat. She joined the station in May 2012 and previously worked five years at WBEZ in Chicago, where she reported on business and the economy. Her work telling the human side of the mortgage crisis garnered awards from the Illinois Associated Press and the Chicago Headline Club. She's also reported for the Alaska Public Radio Network in Anchorage and for Bloomberg News in San Francisco.