
This article was taken from
Newsday.com
31 Oct 2003
by Bill Bleyer
The U.S. Department of Labor
has ordered the reinstatement of a Plum Island Animal Disease
Center employee fired in June after complaining about safety
conditions.
The department's Occupational
Safety and Health Administration office in Manhattan on
Tuesday ruled that James McKoy, 57, of Center Moriches was
protected by federal whistle-blower laws and must be
reinstated by North Fork Services Joint Venture, the
contractor that employs support personnel at the lab.
The agency ordered North Fork
to pay McKoy more than $13,000 in back wages and interest,
$75,000 in compensatory damages and more than $4,800 for job
training expenses. It also ordered the company to pay
almost $13,000 in legal fees to McKoy's attorney, Martin
Glennon of the Mineola firm of Meyer, Suozzi, English &
Klein, who represents the International Union of Operating
Engineers Local 30, which has been on strike against the
contractor since August 2002.
Maryland-based North Fork was
given five days to appeal. Company officials were not
available for comment.
"I'm elated," said
McKoy, who started in November 2002 and has been unemployed
since he was fired. "I'm just happy that the truth
came out."
But he's not sure he would
want to go back to work at the lab. "I'm sort of
fearful of my exposure to other workers that may not share the
same concerns that I do."
"It verifies everything
we've been saying all along about Plum Island," Glennon
said.
The Department of Homeland
Security, which took over the lab in June from the Department
of Agriculture, plans to replace North Fork with another
contractor by the end of the year. The agency had no
comment today.
OSHA Regional Administrator
Patricia Clark noted that McKoy was fired after leaving his
post as a heating and air conditioning mechanic for 20 minutes
to voice concerns that North Fork was failing to provide
adequate security to protect the unauthorized removal of
biological pollutants and materials from the containment lab
to the director and a staff member for Sen. Hillary Rodham
Clinton (D-NY).
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