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 Post subject: MSHA employee sues MSHA
PostPosted: Thu May 20, 2010 2:32 pm 
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Location: WILKES-BARRE PA
Alleging retaliation, Swoyersville man sues government
TERRIE MORGAN-BESECKER tmorgan@timesleader.com




SCRANTON – A Swoyersville man who worked as a mine inspector has filed a federal lawsuit against the government, alleging he was retaliated against after he supported a fellow inspector’s claims of harassment.

Lawrence R. Gazdick Sr. of Kossack Street filed suit on Wednesday relating to actions he alleges were taken against him by supervisors with the Mine Safety and Health Administration, which is part of the U.S. Department of Labor.

According to the suit:

Gazdick was employed by MSHA from 1991 to May 2008 and began working as a special investigator in the Wilkes-Barre office in September 2002.

In 2004, Gazdick provided a statement in support of a complaint a co-worker had filed before a federal agency that alleged the worker was being harassed and threatened. Gazdick also cooperated with a second investigation by the Inspector General’s Office into claims of harassment and retaliation against mine operators.

The suit claims two supervisors became aware of Gazdick’s cooperation and began taking various employment action to retaliate against him.

In September 2006 Gazdick was notified he was being reassigned to the agency’s Pottsville office, which was 55 miles farther from his home than his prior position.

The new position was also more physically demanding and dangerous, requiring Gazdick to inspect mines below the surface. The work caused Gazdick to develop problems with his back and knees and to suffer a stress-related heart attack.

Gazdick repeatedly applied for other positions as they became available, but the agency would either award the positions to a person who was less qualified or cancel the vacancy announcement to avoid appointing him to the position.

The lawsuit, filed by attorney Kimberly Borland of Wilkes-Barre, names Hilda Solis, secretary for the Department of Labor, as a defendant. It alleges the actions taken against Gazdick were solely to punish him for cooperating in the investigation of others.

MHSA spokeswoman Amy Louviere said the agency does not comment on pending litigation. :D

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PostPosted: Thu May 20, 2010 3:48 pm 
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Joined: Mon Jul 09, 2007 5:11 pm
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Location: NEPA
HAHAA! This just goes to show how arrogant District 1 management is. This is not the first time they have been in trouble over stuff like this. A lot of people used to think that some of the stuff the Anthracite operators said and even stuff I posted was B.S. but now they are finding out what a bunch of s.o.b.'s we have running District 1.

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