After working part-time as a Skyline Hospital emergency medical technician (EMT) for a year and a half, Nicole Johnson believed she had a great chance at getting full-time status when a vacancy came open at the hospital last August.
"I'd worked for a year and a half, running all the calls from 9-1-1 emergencies and transfer runs, the whole bit," said Johnson, a Trout Lake resident. "I was always there when they needed me."
However, despite a hospital policy that promotes hiring from within, and despite virtually unanimous support from the EMTs and paramedics working at Skyline, Johnson's enthusiasm was soon doused: The hospital passed her over and hired a male candidate who hadn't previously been on the Skyline staff.
David Larson, a first responder EMT from the Trout Lake Fire Department, was hired. Larson had worked as a volunteer EMT for 11 years.
Ambulance Department Supervisor David Nice, who made the primary hiring decision, declined to comment.
"I don't want to comment on it," Nice said. "Anything about this needs to go through Robin Loomis."
Loomis is director of the Human Resources Department for Skyline.
"Not being hired was really bothering me and I wanted to know what I could do to improve. He said there was nothing to improve on," Johnson explained.
The case is now headed to arbitration, with the Washington State Council of County and City Employees union representing Johnson. It is scheduled to be heard in May.
Johnson said there was no legitimate explanation for why she did not get the job.
"He (Nice) said he was concerned about the lifting criteria, even though I passed the lifting test, and that he was worried about my ability to work with my husband Shawn, even though we'd worked together for over a year and never had any problems," Johnson noted.
Nicole's husband, Shawn Johnson, is a full-time paramedic at Skyline with 13 years of experience.
"And Nice said he was concerned about my child-care arrangements. I know for a fact he didn't ask Larson about that," she added. "Then he said he was concerned about my `emotional cycles.' That flabbergasted me."
Feeling discriminated against as a woman and believing she has been retaliated against for raising objections, Johnson eventually filed a grievance through the union representing Skyline employees.
Johnson explained that deciding to file a grievance was a difficult move for her, and so she met with Nice one final time before going to the union.
"I asked him why he didn't hire me," Johnson said. "He said he didn't have any reason, he just said he did what was best for the department. That left me no choice but to file a grievance."
Mike Madden, administrator of the hospital, said all he could do at this point was wait for the arbitration process.
"It would be unfair to do anything until after the arbitration hearing," he said.
Since the grievance was filed, however, Johnson claims her hours have been slashed.
"I was working 12 24-hour shifts a month," Johnson noted. "Since I filed the grievance, I'm down to two shifts a month."
The hospital also told Johnson she could not work when her husband was on duty.
Ironically, it was Shawn's position that Nicole applied for. When Shawn earned his paramedic certification, that created an opening for a full-time EMT.
Madden said the problem was that Shawn Johnson, as a paramedic, was technically considered a supervisor.
"On an ambulance crew, the paramedic is the person in charge. The paramedic is always the senior person at the scene," Madden explained. "Is he called a supervisor? No. But when he is on duty, and when he is on scene or on a call, the EMT is subject to his supervision."
Mark Maguire, a Skyline EMT who has been working at the hospital for the past three years, said he was more than surprised when Johnson was not hired.
"I was shocked," Maguire said. "She's qualified way above the other applicants. That's been proven over time. I've worked with her a lot. We worked together on some pretty heavy-duty scenes. She's an excellent EMT, very capable, very motivated and dedicated."
An excerpt from the hospital's general employment policy reads: "In order to provide growth and advancement for employees, the Human Resources Department strives to promote from within the institution when opportunities develop and it believes that it has qualified current employees available who will accept a promotion."
However, in a written response to Johnson, Loomis disputed Johnson's claim that, as a qualified current employee, she should have received preference in hiring.
"Skyline Hospital's Policy and Procedure manual does not promise or guarantee employment or positions," Loomis wrote on Sept. 10, 2001. "Based on the investigation I conducted, no hospital policy was violated in the selection of the EMT position."
"Our policy is always to hire the best person and allow managers the freedom to make choices, because they have to work with them," added Madden. "We prefer, all things being equal, to offer current employees the job. But we hire the best employee at the time."
Johnson said she loves her job and doesn't understand why her qualifications and experience were overlooked.
"I just want my job, I don't want to sue," Johnson said.
Maguire said the situation has hurt morale in the six-member department.
"Morale is terrible," Maguire said. "We're frustrated, all of us. What's really intolerable is what looks like retaliation -- cutting her hours, and they won't allow her to work with her husband."
The case is not retaliatory, Madden said.
"We've got a lot of per diem employees, and we work people as much as we can," he said. "But we don't work spouses when the spouse could be in a supervisory position. There are good reasons for that. And that could affect her hours."
Madden added that he does not believe morale is a serious problem in the department.
"It depends on who you talk to," Madden conceded. "But they're all professionals. They are all good people and dedicated to taking care of people. They haven't lost that focus."
Madden pointed out that there will be other opportunities coming up later this year, when the hospital expects to put a second crew on permanent status. That means hiring another full-time EMT and paramedic.
Madden said Nicole Johnson "definitely" would be strongly considered for the upcoming openings.
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