Facts: Respondent Cheryl Delyria filed suit against her employer, the petitioner Washington State School for the Blind, claiming that she was entitled to additional compensation by Washington Revised Code §72.40.028, which mandates parity in the salaries of teachers at schools for the blind administered by the state and teachers at schools administered by local school districts. The trial court granted summary judgment for the Washington State School for the Blind, holding that the meaning of the term salary for purposes of §72.40.028 does not include supplemental payments for school district teachers awarded pursuant to Washington Revised Code §28A.400.200(4) for taking on additional time, responsibilities, or incentives. Upon appeal, the Washington Court of Appeals reversed the trial court’s decision, ruling that the term salary is unambiguous and that Delyria was entitled to earn supplemental compensation under §28A.400.200(4) to the extent that she assumed additional time, responsibilities, or incentives. The Washington State School for the Blind appealed this decision to the Supreme Court of Washington.
Question(s): Do supplemental payments to school district teachers pursuant to §28A.400.200(4) constitute salary for purposes of §72.40.028?
Conclusion: Justice Charles W. Johnson’s opinion for the Court concluded that supplemental payments awarded to school district teachers pursuant to §28A.400.200(4) for the assumption of additional time, responsibilities, or incentives do not constitute salary for purposes of §72.40.028 as the legislature enacted a parallel program awarding supplemental compensation to teachers at schools for the blind when it passed Washington Revised Code §72.40.110, suggesting that the meaning of the term salary for purposes of §72.40.028 is limited to base salary and does not include payments made pursuant to §28A.400.200(4). Thus, the Court reversed the Washington Court of Appeals and dismissed the case.
Docket No. 80602-1 (from Court of Appeals Division II Case No. 32714-7)
Briefs:
Argument: Tuesday, September 23, 2008 9:00am
[Source: TVW, http://tvw.org]
Audio: Washington Supreme Court
Decided: Thursday, January 29th, 2009
Vote: 9-0
Citation: Pending
Alexander
(Concurs)
Johnson
(Majority)
Madsen
Sanders
Chambers
Owens
Fairhurst
Johnson
Stephens
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Each opinion should appear next to the Justice who authored it.