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Contents this page were published in the May/June, 1997 edition of the Washington Free Press.
WFP, 1463 E. Republican #178, Seattle, WA -USA, 98112. -- WAfreepress@gmail.com
Copyright © 1997 WFP Collective, Inc.
Casually known around Olympia as the "Boeing Bill," Republican- sponsored SB 5651 would have gutted a 1995 Washington State Supreme Court decision that came down in favor of 14 Boeing workers who became sick while working at the company's Auburn assembly plant. That decision -a unanimous one by the nine-judge panel-cleared the way for the workers to sue Boeing for allegedly keeping in production a toxic chemical that company officials "anticipated" would sicken them.
The crux of the ruling, and of the "Boeing Bill," was the definition of "deliberate intention."
Briefly, here's some background on the issue: Washington's 85-year-old Industrial Insurance Act gives workers the right to sue a company for monetary damages-above and beyond worker's compensation benefits-if the company deliberately intended to hurt them. Before the 1995 ruling, "deliberate intention" was generally defined by the hypothetical example of a boss who kicks out a ladder from under a worker. The Supreme Court, however, broadened that definition to include cases where a boss knew a ladder was unsafe, but allowed a worker to use it anyway.
The Supreme Court's ruling kept alive one of the most notorious injured- worker cases in Northwest history. The 14 plaintiffs were among more than 100 Boeing workers-most of them women-who fell ill at the Auburn plant in 1987 after working with fiberglass material containing a highly noxious compound called phenol-formaldehyde. According to plaintiffs, Boeing essentially turned some of them into guinea pigs, instructing the unwitting workers to wear special identification tags and handle the experimental material. Even though some of the workers suffered headaches and nausea, Boeing bosses not only put the material into full production, they also ignored a supervisor's warnings to improve ventilation at the 17-02 plant (a World War II-era structure once used to store cadavers).
(The saga of the Auburn workers, and strong-armed attempts by Boeing to deny them benefits and medical treatment, was the subject of a Free Press investigative report, "It's All in Your Head" Feb.-March 1994.)
Sponsored by Sen. Ann Anderson (R-Whatcom Co.), SB 5651 would have narrowed state law to allow workers to sue employers only if their boss, metaphorically speaking, kicked a ladder out from under them. It would not have affected the Auburn lawsuit, though workers suffering similar conditions in the future would have had their right to sue taken away.
Among those testifying against the measure were the Machinists Local 751, Washington State Trial Lawyers Association, Washington State Labor Council, and Auburn plaintiff Theresa Birklid. Besides Boeing, supporters included the Association of Washington Business and the National Federation of Independent Business-both ubiquitous opponents of workers' rights. The bill narrowly passed the Republican-controlled Senate, 26-23, on March 17.
Leading the opposition in the GOP-controlled House was Tacoma Democrat Steve Conway. "What?" Conway said in an impassioned floor speech, "Are we pawns of the corporations?" Conway persuaded seven Republicans to abandon the party line. On April 18 the House rejected the bill, 49 to 47 (with 2 absent). All 42 Democrats opposed the measure.
Meanwhile, Birklid, et al vs. The Boeing Company is expected to be heard in U.S. District Court this summer. Birklid and her 13 co-plaintiffs are seeking tens of millions of dollars in damages. The case is being closely watched by labor advocates and corporate officials throughout the state.
Regardless of the outcome, Boeing will most likely be back in Olympia next year to champion a new version of SB 5651.
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