Wash. Court of Appeals published opinion — 723448.pdf

Industries, SCL Human Resources, and the Seattle Ethics and Elections Committee

(SEEC) reporting Allen "extorted alcohol in exchange for passing test scores."

Swanson "expressed concern that he was receiving poor and/or unfair performance

evaluations because of Mr. Allen." Swanson's complaint was not the first report the

SEEC had received about improper conduct by Allen.

SCL Human Resources conducted an investigation. Meanwhile, Swanson

transferred to the South Service Center "where he felt more comfortable, even though

Mr. Allen also worked out of the South Service Center." Swanson was assigned to

Crew Chief Todd Warren. Warren was on the ECAC and is Allen's friend.

On September 15, Swanson made a "formal complaint" to the JATC. Swanson

reported Allen "abused his position and is working to deny [Swanson's] ability to be a

successful apprentice," and he "has engaged in acts of collusion with Todd Warren . ..

and others in an effort to get [Swanson] fired." When Allen saw Swanson at the South

Service Center on September 19, Allen "became upset and stated, 'You're just a fucking

squeak.'" Later that day, Swanson saw Allen with a copy of the complaint to the JATC

"in hand, showing it to groups of lineworkers on the dock."

Although Warren told the JATC that Swanson "worked too slow," the JATC
"decided against cancellation" of his apprenticeship "because of evidence that Mr.
             
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Swanson had progressed in a number of areas, and because he had not received

adequate individualized instruction under his ITP." After working with another crew,

Swanson's November performance evaluations "showed higher marks."

On December 13, SCL found Allen "improperly accepted alcohol from