H-2026.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 1420

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By House Committee on Commerce & Labor (originally sponsored by Representatives Hurst, Roach, Dunshee, Lovick, Woods, Jackley, Mielke, Wood, Carrell, Cooper, Sump, Hatfield, Pflug, Haigh, Conway, Reardon, Morris, Edmonds, Ruderman, O'Brien, Veloria, Poulsen, Morell, Kenney, Bush, Anderson, Cody, Santos, Rockefeller and Kessler)

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 a volunteer fire fighter from employment because of leave taken to respond to, work at, or return from forest fire fighting activities directed by a federal or state agency.

    (2)(a) A volunteer fire fighter who believes he or she was discharged in violation of this section may file a complaint alleging the violation with the director.  The complaint must be filed 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 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.

    (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.

    (3) For the purposes of this section:

    (a) "Employer" means any person who had twenty or more full-time equivalent employees in the previous year;

    (b) "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; and

    (c) "Volunteer fire fighter" means a fire fighter who is not paid.

    (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.

                            --- END ---