Wash. Court of Appeals published opinion — 723448.pdf

Citation: Wash. Court of Appeals published opinion — 723448.pdf
Jurisdiction: Washington (state)
Source verification: official_capture_completeness_unverified
Original Source: https://www.courts.wa.gov/opinions/pdf/723448.pdf ↗

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and accepting a bottle of whiskey from each apprentice in exchange for a passing

grade. The unchallenged record shows Allen lobbied lineworkers and crew chiefs to

give Swanson negative performance evaluations, and after Swanson filed the

complaint, Allen "escalated" his efforts to retaliate against Swanson. Allen made clear

that "we'll take care of [Swanson] hook, line, and sinker."

Substantial evidence also supports finding Allen "was in a secondary supervisory

position" over Swanson. There is no dispute Allen was a member of the JATC and the
JATC had the "authority to negatively impact Mr. [Swansonj's apprenticeship."

Viewing the record in the light most favorable to Swanson, substantial evidence

supports the findings and conclusion that the City retaliated against Swanson in

violation of state law.

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No. 72344-8-1/22

We reverse the superior court and affirm the decision and order of the ALJ but

remand to determine the amount of attorney fees and costs.8

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WE CONCUR:

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8The parties do not dispute the provisions of former SMC shall apply to the request for an award
of attorney fees and costs.

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