Whistleblower Jones Wins Suit
(The following is excerpted from the September 1997 issue of "Common Sense", the newsletter of the Chemical Weapons Working Group, published by the Kentucky Environmental Foundation.)
On August 5, incinerator opponents won a major victory when Tooele,
Utah whistleblower Steve Jones won a Department of Labor lawsuit
against chemical weapons incinerator contractor EG&G Defense
Materials, Inc. Jones was fired from his job as Chief of Safety in
September 1994 after citing thousands of safety violations in the plant.
Judge Ellin O'Shea found that EG&G did fire Jones as a result of him
raising safety concerns, and ordered EG&G re-hire him. The Judge also
ruled EG&G to award Jones his full back salary since the date of
termination, another $200,000 for his family's economic losses and
suffering, and punitive damages. If EG&G refuses to reinstate Jones, the
company must pay him an additional $500,000.
Judge O'Shea found that Jones was illegally fired, concluding that "the
legitimate business reason EG&G presents [for his termination] is based
on a lie." She also strongly criticized nearly every senior EG&G witness
writing, "Some of [Tooele General Manager Henry] Silvestri's
representations give pause as to credibility..." and that Jones' successor
as Safety Manager, Mike Hampton "was not a credible or reliable
witness." O'Shea also criticized the Army, noting that Tooele is
"uniquely and solely controlled by and subject to [the] military." The
decision came in response to a complaint filed for Jones by the
Government Accountability Project (GAP), a non-profit whistleblower
protection law firm. According to GAP lawyer Joanne Royce, "Steve
Jones lost his job for telling the truth and trying to protect the public.
We hope EG&G does nothing further to stop justice from being
administered."
At the time Jones was fired, the Tooele incinerator was still preparing for
"start-up" operations. Jones said his main concern about the plant was
that "the facility cannot support the technology." He also stated that in
his 20 years as a safety manager, he had "never seen a more unsafe
operation" than the Tooele incinerator. Since operations began in August
1996, the facility has experienced several shut-downs due to technical
failures and mismanagement. In addition, several other whistleblowers
have joined Jones in condemning the incinerator. In November 1996,
EG&G General Manager Gary Millar was allegedly fired after raising
safety concerns, ending his 22 year- career with the company. In a letter
to EG&G President Fred Parks, Millar stated that "safety risks at [Tooele]
have been, and will increasingly become unacceptable."
Local citizens have done their part to expose the Tooele whistleblowers,
and their allegations against the incinerator. In June, the Salt Lake City
group Families Against Incinerator Risks held a "whistleblower parade,"
at which children and adults marched in the streets blowing whistles,
and the whistleblowers' allegations of unsafe operations were presented
to the public. Local activist and Utah Sierra Club member Cindy King
still wonders what it will take to halt the incineration process. "These
shutdowns at Tooele confirm what whistleblowers have stated: the plant
is simply not operating safely. My concern is that someone will die
before we can shut down the incinerator for good, and replace it with
safer alternative technologies." Steve Jones wants the opportunity to
make sure the facility operates safely by reclaiming his position as Safety
Manager. "I want my job back because I know from reviewing the
documents and talking to plant workers that Tooele is still operating
unsafely and endangering the citizens of Utah. They need some honesty
and integrity out there."
Judge says E G & G's reason for firing Jones "is based on a lie. "
 CWWG Home Page |
Contact us: |