Editorial by The Chief-Leader

Stop Harassing Whistleblowers

It is no secret that many city managers don't like employees who assert their rights aggressively. They can be a pain to deal with, and their actions can have the effect of prompting co-workers to also speak up.

That does not, however, give those managers license to take retaliatory action, as has conclusively occurred in the case of Fire Department Electrician Brian Colella and appears to have taken place regarding Department of Education Steamfitter John Kielbasa.

Four months ago, an arbitrator found that Mr. Colella's filing of grievances against supervisors led to disciplinary actions that culminated in his firing. Late last month, the Board of Collective Bargaining found that the FDNY's treatment of Mr. Colella amounted to an improper labor practice.

What was particularly damning about the BCB ruling was that the two management appointees to the seven-member panel joined the two labor representatives and three neutral members in finding that the treatment of Mr. Colella by supervisors led by Assistant Commissioner for Facilities Joseph Mastropietro crossed the line into retaliation for exercising his union rights.

The problems Mr. Colella has encountered spanning three different city administrations suggest a systemic issue not related to any particular Mayor's style of governing.

Following up on the arbitrator's conclusion that Mr. Mastropietro and another supervisor, Dominick Moretti, had been "contradictory and evasive" in their testimony, the BCB stated that neither man was credible in claiming "they were not motivated by anti-union animus."

Yet the Fire Department to this point has not instituted disciplinary proceedings against the two supervisors.

The DOE case involving Mr. Kielbasa is shaping up to be an even more-embarrassing case of punishing a whistleblower. Over the past year he has filed a slew of reports about possible asbestos contamination in the Manhattan and Bronx schools where he worked.

DOE's response has been to transfer him to a warehouse in Queens. It probably figured this was one place where he wouldn't have contact with the United Federation of Teachers. This was important to top school officials, because earlier this year, Mr. Kielbasa told UFT chapter leaders at Samuel Gompers High School about loose asbestos he had discovered in the building. The UFT made an issue of it, and according to Mr. Kielbasa, the condition was swiftly corrected. Rather than earn him a commendation for rooting out a health hazard, this got Mr. Kielbasa a reprimand from DOE Supervisor of Mechanics Angelo Landriscina for going outside the proper channels. That is bureaucratic language used against employees who bring to light something management would rather not have publicized.

An article about Mr. Kielbasa's treatment was published in this newspaper June 26. The following day, after he reported that old safety valves delivered to the Queens Area Office where he works appeared to contain asbestos, he was confronted by Asbestos Supervisor George Palermo.

When Mr. Palermo attempted to wheel the crate containing the valves out of the building, Mr. Kielbasa asked what he was doing and attempted to take a picture. Mr. Palermo, as can be seen on page 6 of this newspaper, responded by giving him half a victory sign. An hour later, Mr. Kielbasa was served with four letters charging him with various offenses, including taking pictures without permission. This last offense was particularly important to deal with, since DOE would rather that the public not know that it has supervisors who behave like slightly naughty 14-year-olds.

Mr. Kielbasa has been vigilant about citing asbestos concerns partly because he believes his own health has been affected by working in contaminated areas. If we are to take Mayor Bloomberg at his word regarding both his concerns over workers at Ground Zero whose health has deteriorated and his determination to make city buildings environmentally safer, then his administration has to ensure that DOE stops harassing an employee raising legitimate questions about a potential hazard.

http://www.thechief-leader.com/news/2007/0706/editorial/021.html