Kelly Smith v. Bates Technical College, et al.

Wrongful Discharge in Violation of Public Policy - Defamation - Violation of First Amendment Rights - Bates Technical College (Bates) is a vocational-technical institution operated by the State of Washington. Bates employed Kelly Smith as a traffic programmer for its on-site television station, KBTC-TV, from February 1986 until February 1994. While employed at Bates, Smith was a state technical college employee entitled to those civil service protections applicable to higher education employees. Additionally, Smith was at all times a member of the Tacoma Association of Public School Professional-Technical Employees Union (the union).

Prior to 1991 Deborah Emond was Smith's immediate supervisor. Smith received favorable performance evaluations from Emond. Following a restructuring at Bates in September 1991, Emond became the station manager. Avon Killion was selected for the position of supervisor of programming and fund raising and became Smith's immediate supervisor.Error! Bookmark not defined. This restructuring led to a series of problems between Smith and her supervisors. In July 1993 Smith filed her first grievance alleging Emond violated the union collective bargaining agreement (CBA) by unilaterally changing her job description. After filing this grievance Smith's relationship with Emond began to seriously deteriorate. Smith ultimately filed a number of grievances.

On February 11, 1994 William Mohler, president of Bates, dismissed Smith from her employment. This action followed a meeting between management and Smith designed to avoid the dismissal. Smith filed yet another grievance to contest her termination under the CBA, which proceeded to arbitration. The arbitrator issued an award in favor of Smith, ruling: {Smith} was not terminated for cause and following progressive discipline. The College shall promptly offer to reinstate her to her former position and shall make her whole for all direct and indirect benefits lost due to her improper termination. The College shall also remove from {Smith's} personnel {file} all records pertaining to the course of dealing leading to this case including particularly the February 2 letter warning of possible termination and all of the documents referenced in that letter. Bates complied with the order by reinstating Smith, reimbursing her lost wages and benefits, and purging her personnel file. In addition to filing these numerous grievances, Smith filed four separate unfair labor practice (ULP) complaints with the Public Employment Relations Commission (PERC). Two ULPs preceded Smith's dismissal and two followed her dismissal. In these ULPs, Smith complained of retaliation for filing her earlier grievances and challenged her dismissal by Bates. Before PERC could address these claims, Smith filed a complaint in Pierce County Superior Court. Smith ultimately sued Bates, the college district of which it is a part, and four supervisory personnel, seeking monetary damages.

Bates moved for summary judgment on all the claims. The trial court granted Bates' motion in part, dismissing Smith's wrongful termination claim for failure to exhaust her remedies with PERC. The trial court also dismissed Smith's 1983 claim as to the college, but not the individuals. At the conclusion of the trial the court granted the defense motion to dismiss the remaining 1983 claims.

The trial court allowed the defamation claim to proceed, but the jury found Smith had not been defamed. However the trial court awarded Smith $10,407.50 for attorneys fees incurred in the successful arbitration proceeding.

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The Supreme Court of Washington, En Banc, granted review confined to the issues of the common law tort of wrongful discharge in violation of public policy and the First Amendment violation claim. The court reviewed the Court of Appeals affirmation of the dismissal of Smith’s claims, and reversed the trial court's summary dismissal of Smith's wrongful termination claim and remand to the trial court for trial on this issue and affirmed the trial court's dismissal of Smith's 1983 First Amendment claim. See: 991 P.2d 1135, ___ Wn.2d ___ (1-27-2000). Note: The above date reflects the appellate court decision date, not the original trial date. Reported by JAB.