Wash. Court of Appeals published opinion — 723448.pdf

apprentices in exchange for a passing test score." SCL sent the investigative report

and determination to the SEEC.

The SEEC interviewed Allen. Allen "was angry, thought the incident was a joke,

and stated 'this is the way we roll.'" Allen "did not take personal responsibility for his

behavior" and "believed SCL passed through too many apprentices at too high a cost,"

a "big shortcoming of the apprenticeship program."

In January 2012, Swanson saw a poster of himself in the hallway of the North

Service Center with the word "RAT" written across his chest. Swanson "did not report it

at the time or take it down because he did not want to cause commotion."

In February, SCL notified Allen "he had been recommended for suspension

without pay for 20 working days for his improper extortion of alcohol." The February

evaluation of Swanson completed by Crew Chief Campy contained "eraser marks on

scores that were altered down." But the March evaluation from Crew Chief Fugate

states Swanson met expectations in all categories except two.

SCL retained lawyer Ronald Knox to investigate whether in addition to accepting

alcohol, Allen solicited alcohol from the apprentices in exchange for a passing grade on

the test and to investigate "Swanson's retaliation claims." Knox issued a report on April

10. Knox found Allen "accepted and received alcohol from all apprentices on test day"

and "on a more probable than not basis," Allen "responded affirmatively when asked,
             
No. 72344-8-1/7

'Would a bottle help?,' thus accepting alcohol in exchange for passing test scores." The

report did not address Swanson's retaliation claims "because of the reticence of SCL

employees" to talk to him.