Wash. Court of Appeals published opinion — 723448.pdf

On May 2, SCL found Allen violated SCL "Workplace Expectations" and the

City's "Personnel Rules and Code of Ethics." SCL suspended Allen for 20 workdays

effective May 3. The suspension meant Allen was not eligible for promotion for one

year. On May 23, the JATC rejected the recommendation of the ECAC and decided to

advance Swanson to the fifth period, "i.e. primary, 'hot' period," of his apprenticeship.

After Allen returned to work on May 31, Simpson removed Allen from the ECAC

and appointed him to the JATC.

The evaluations completed by Crew Chief Bob Hernandez for June and July

showed Swanson " 'met expectations' for all listed criteria.'" Crew Chief Hernandez

stated," 'He is doing a good job at listening and giving a good effort,'" but noted

Swanson needed to improve his rigging skill.

On July 18, Swanson told the SCL Employee Relations Manager that at a union

meeting on July 12, "Allen became combative," accusing Swanson of "stabbing him in

the back." Swanson said Allen verbally attacked him and tried to provoke a physical

fight.

In August, Swanson overheard Allen tell other lineworkers and a crew chief that

"it was no longerfun working there anymore." When one of the lineworkers gestured
toward Swanson, Allen said, "Don'tworry, we'll take care of him hook, line, and sinker."

In September, someone placed a "Pre-Apprentice Lineworker" (PAL) sticker on

Swanson's locker.
             
No. 72344-8-1/8

On October 11, SCL Crew Chief Gary Legere evaluated Swanson. The

evaluation states Swanson "Meets Expectations" in 10 out of 14 categories. The

evaluation notes "Concerns" and a "Does Not Meet Expectations" for rigging and

recommends additional ECAC training.