IRONWORKERS DIST. v. BOARD OF REGENTS

No. 40827-5-I.

970 P.2d 351 (1999)

93 Wash.App. 735

IRONWORKERS DISTRICT COUNCIL OF the PACIFIC NORTHWEST, Appellant, v. UNIVERSITY OF WASHINGTON BOARD OF REGENTS; M.A. Mortenson Company, a Washington corporation; Martyn Daniel Corporation, Inc., a Washington corporation; Federal Insurance Company, a foreign corporation, Bond No. 8117-30-74; and National Union Fire Insurance Co. of Pittsburgh, Pennsylvania, a foreign corporation, Bond No. 08-37-77, Respondents. Ironworkers District Council of the Pacific Northwest, Appellant, v. Seattle Central Community College, an agency of the State of Washington; M.A. Mortenson, a Washington corporation; Pacific Rim Consultants, Inc., a Washington corporation; Federal Insurance Company, a foreign corporation; and National Union Fire Insurance Company of Pittsburgh, PA, a foreign corporation, Respondents.

Court of Appeals of Washington, Division 1.

January 25, 1999.


Attorney(s) appearing for the Case

Melvin R. Kang, Seattle, for Appellants.

Karin L. Nyrop, Asst. Atty Gen., Seattle, for Respondent Attorney General.

Dale R. Ulin, Ulin and Lambe, Seattle, for MA Mortenson, Martyn Daniel, Federal Insurance and Nat'l Union Fire Co.

Martha P. Lantz, Asst Atty Gen., Olympia, Amicus Curiae Dept. of Labor/Industries.

John R. Ranquet, Seattle, for Painters Health/Welfare Trust.


AGID, A.C.J.

A trade council can bring an action in superior court on behalf of workers not fully compensated for their work, seeking to foreclose on the employer's bond and retainage to enforce the prevailing wage statute. But where the organization brings the action in its own name and not as a representative of the affected workers, based only on its status as an "interested party," it lacks standing to invoke the jurisdiction of the court without first exhausting...

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