Wash. Court of Appeals published opinion — 723448.pdf

During the summer of 2010, Swanson "received scores of 'exceeds expectations'

on his URD (underground work) evaluation." In July 2010, Crew Chief Tom Caddy

evaluated Swanson as meeting or exceeding expectations "in all categories" including

"linework," but noted he needed training on "rigging" and "TRAINING NEEDS TO BE

BETTER."2

In August, journey-level lineworker and instructor Ronald Allen told the

apprentices he planned to give an oral test on the "Safety Standards for Electrical

Workers." The test was not required as part of the apprenticeship program. After they

all failed the test, Allen told the apprentices they needed to take the test again. When

one of the apprentices asked something like, "Would a bottle help?," Allen "responded

affirmatively to the group that a bottle of whiskey would help." On the day of the retest,

every apprentice except Swanson brought a bottle of whiskey to give to Allen. The

other apprentices got a bottle of whiskey for Swanson to give to Allen. Allen accepted a

bottle of whiskey from each apprentice and each apprentice received a passing grade

on the test.

In September 2010, SCL hired Allen as a craft instructor for the apprenticeship

program. "Allen was the lead instructor for testing and training, and worked with

Emphasis in original.
             
No. 72344-8-1/4

curriculum development and personalized training of apprentices as needed." Union

business manager and Allen's uncle Joe Simpson appointed Allen to the Electrical

Crafts Advisory Committee (ECAC). The ECAC makes recommendations "regarding

the quality/control of all electrical crafts, including the lineworker apprenticeship

program."