Wash. Court of Appeals published opinion — 723448.pdf

At a staff meeting in early 2011, Allen stated the "aim should be getting

apprentices out of the apprenticeship program who were not a good fit." During 2011,

Allen made "negative comments to and/or about" Swanson. Swanson believed Allen

"negatively influenced his . . . daily interactions with the crew" and the March 2011

evaluation of Crew Chief Stotts. Crew Chief Stotts evaluated Swanson "with 'Concerns'

or 'Does Not Meet Expectations' in every aspect, including climbing and rigging."

The City of Seattle Joint Apprenticeship Training Committee (JATC), three union

representatives and three City members, administer the City apprenticeship programs

and make recommendations about advancing apprentices to the next step and

cancelling apprenticeships. On March 30, the JATC voted to extend Swanson's

apprenticeship by an additional six months.

In June, Allen suggested Swanson "look into a different apprenticeship." In July,

Allen "had a flyer delivered to Mr. Swanson containing four new apprenticeship

openings along with the message that Mr. Swanson look into a different

apprenticeship." The July evaluation of Swanson by Crew Chief Michael Brooks rated
Swanson as falling "below expectations for a fourth-period apprentice with regard to

climbing, rigging, and timeliness."
             
No. 72344-8-1/5

At the end of July, Allen told SCL lineworker Peggy Owens that "the best thing

about going on vacation was having someone fired while he was gone." Allen told

Owens the ECAC "was going to vote to fire someone." At the meeting on August 4, the

ECAC voted to recommend canceling Swanson's apprenticeship.

In late August, Swanson filed a complaint with the Department of Labor and