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ENGROSSED SUBSTITUTE HOUSE BILL 1420
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Passed Legislature - 2001 Regular Session
State of Washington 57th Legislature 2001
Regular Session
By
Read first time . Referred to Committee on .
Prohibiting
discrimination against volunteer fire fighters.
AN ACT Relating to
discrimination of volunteer fire fighters; and adding a new section to chapter
49.12 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 49.12 RCW to read as follows:
(1) An employer may not
discharge from employment or discipline a volunteer fire fighter because of
leave taken related to an alarm of fire or an emergency call.
(2)(a) A volunteer fire
fighter who believes he or she was discharged or disciplined in violation of
this section may file a complaint alleging the violation with the director.
The volunteer fire fighter may allege a violation only by filing such a complaint
within ninety days of the alleged violation.
(b) Upon receipt of the
complaint, the director must cause an investigation to be made as the director
deems appropriate and must determine whether this section has been violated.
Notice of the director's determination must be sent to the complainant and the
employer within ninety days of receipt of the complaint.
(c) If the director
determines that this section was violated and the employer fails to reinstate
the employee or withdraw the disciplinary action taken against the employee,
whichever is applicable, within thirty days of receipt of notice of the
director's determination, the volunteer fire fighter may bring an action
against the employer alleging a violation of this section and seeking reinstatement
or withdrawal of the disciplinary action.
(d) In any action
brought under this section, the superior court shall have jurisdiction, for
cause shown, to restrain violations under this section and to order
reinstatement of the employee or withdrawal of the disciplinary action.
(3) For the purposes of
this section:
(a) "Alarm of fire
or emergency call" means responding to, working at, or returning from a
fire alarm or an emergency call, but not participating in training or other
nonemergency activities.
(b)
"Employer" means any person who had twenty or more full-time
equivalent employees in the previous year.
(c)
"Reinstatement" means reinstatement with back pay, without loss of
seniority or benefits, and with removal of any related adverse material from
the employee's personnel file, if a file is maintained by the employer.
(d) "Withdrawal of
disciplinary action" means withdrawal of disciplinary action with back
pay, without loss of seniority or benefits, and with removal of any related
adverse material from the employee's personnel file, if a file is maintained by
the employer.
(e) "Volunteer
fire fighter" means a fire fighter who:
(i) Is not paid;
(ii) Is not already at
his or her place of employment when called to serve as a volunteer, unless the
employer agrees to provide such an accommodation; and
(iii) Has been ordered
to remain at his or her position by the commanding authority at the scene of
the fire.
(4) The
legislature declares that the public policies articulated in this section
depend on the procedures established in this section and no civil or criminal
action may be maintained relying on the public policies articulated in this
section without complying with the procedures set forth in this section, and to
that end all civil actions and civil causes of action for such injuries and all
jurisdiction of the courts of this state over such causes are hereby abolished,
except as provided in this section.
