HonorableC. R. Bennington, Chairmn of the Board Lower ColoradoRiver Authority Austin, Texas
Dear Mr. Pennington: OpinionNo. O-2613
Re: Authorityof the Lower Colorado River Authorityto enter ipto c proposedcontractwith a lacor union.
Your requestfor an opinionfrom this departtintis as follows:
"CeveceI~'. members of the Board of Directorsof the Lower Colorado River Iluthority have :lvequested me, as Chairnanof the Board, to address this cormrmnicationto you:: There has been presentedto the Board of Directorsof the Authoritythe Questionof whether the Authoritywill enter into a contractwith a laborunion organization known as the InternationalBrotherfoodof ElectricalWorkers. A copy of the contractwhich has been presentedto'thdBoard of Directors of the Authorityfor consideration by the Board is attachedto this communication.
"Beforefinallyacting upon such matter, the Board of Directorsof the Authoritywdivldlike to be advisedwith'respectto certainquestions, as set out hereinbelow. As you know, the Lower ColoradoRiver Authority is an agency of the State of Texas, hhving been createdby the provisions of Chapter7 of the GeneralLaws of the 43rd Iegislatureof the State,jf Texas, at its Fourth CalledSession.
The questionstowhich answersare desir)ed are as follows:
"(1) a. Can the Lower ColoradoRiver Authority,and a'gencyof the State of Texas, legallyenter into a contra'ct with a labor union?
b. If your answer is that the Authoritycan legallyenter into a contract with a labor union,can it enter into a contractsimilarto the one submittedherewith?
",(2)Under Article 3 of the proposedcontract,the Authorityagrees that any employeemay be member of the Union and shall remain in good standingin said Union." Hon. C. R. Pennington - Page 2 (o-2613)
The proposedcontract,copy of which accOmpeniesyour letterof inquiry, purportsto be one betweenLocal No. 5ZU of the InternationalBrotherhood of ElectricalWorkers,and the Lower ColoradoRiver Authority,and is perhapsthe usual form for collectivebargainingby a union on behalf of $ its members. It deals with hours,wages, yorking conditions,and kindred cluestions affectingemploymentof the membersof the Union by the Authority.
We will not attempttoconsiderthe largerquestionsof whether or not the Authoritycan in any event make a contractwith the Union of the type here being considered,or whether or not the Legislaturecould authorizethe making of such a contract,but we will considerthe case whcLly from the standpointof.whetheror not under the statutecreatingthe Authoritythe Board has the power to nmke such a contract.
The statutorypowers of the Board are broad, and aumngstthem are,the following:
"(m). To appointofficers,agents and employees,to prescribetheir duties and to fix their compensation;
"(n). To make contracts and to execute instrumentsnecessaryor convenientto the exerciseof the powers,rights,privilegesand functionsconferredupon it by this Act."
v(p). To do any and all other acts or thingsnecessaryor convenient to the exerciseof the powers,rights,privilegesor functionsconferred upon it by this Act or any other Act or 18w.v
It is familiarlaw that the grant of power to a corporation,either private or public,to do specificthings,or for specificpurposes,carrieswith it by implicationthe furtherpower to do any and all thingswhatsoever reasonablynecessaryto the accomplishement of the maJor purposesenumerated. Provisions(n) and (p)iwouldbe read into the powers,whether they had been expresslya;IpuLatedor not. Such is the universalrule of construction of powers. '
It is the furtherrule, however,that "statuteswhich prescribeand limit to exerciseof officialduty are strictlyconstruedin respectof the power conferred,and the manner of