Wash. Court of Appeals published opinion — 723448.pdf

another employee that were encouraged by a supervisor or senior manager and

substantial evidence supports finding retaliation under chapter 42.41 RCW. We reverse

the superior court and affirm the decision and order of the ALJ but remand to the ALJ to

determine the amount of attorney fees and costs.

FACTS

In February 2009, Seattle City Light (SCL) hired Aaron Swanson as a

"lineworker" apprentice. The apprentice program required approximately 6,000 hours of

training over the course of three years divided into six-month increments or "steps."

The apprentice program included "coursework and exams as well as hands-on training

in the field." Apprentices rotated between the North Service Center and the South

Service Center and "received on-the-job training and monthly evaluations from the crew

chiefs and lineworkers with whom they worked." Failure "to meet expectations" could

lead to the imposition of "Individualized Training Programs" (ITPs) and extension or

cancellation of the apprenticeship.

After graduating from climbing school, Swanson started the first step of the
apprenticeship program on August 26, 2009. During his first year, Swanson "primarily
             
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met expectations" but struggled with climbing skills. In October 2009, Crew Chief

Damian Mims "scored Mr. Swanson as meeting expectations in five out of seven

categories" but stated, "Aaron needs to focus on his climbing skills and technique as

well as practicing knots [and] needs to be more aggressive toward the work." According

to Crew Chief Lance Stotts, Swanson "agreed that he was not climbing as fast as others

were, and that he was not fully comfortable with maneuvers."