For New Asbestos Report
Steamfitter Claims Added Retaliation

By MEREDITH KOLODNER

School supervisors last week disciplined a Steamfitter who has been speaking out about asbestos contamination in the city's public schools after he once again reported potentially hazardous material in his work space.

Photo by John Kielbasa DIGITAL IMAGING: Department of Education supervisor George Palermo delivers a message to Steamfitter John Kielbasa after he complained about possible asbestos exposure.

John Kielbasa received four letters ordering him to meet with his supervisor after he reported that he believed that old safety valves delivered to the Queens Area Office where he works contained hazardous asbestos.

Finger Food for Photo

He is accused of disobeying a direct order, dereliction of duty, posting fliers without permission and taking pictures without permission. One of the photos showed the Department of Education's Asbestos Supervisor Liaison Officer of Environmental Health and Safety extending his middle finger in Mr. Kielbasa's direction.

"It's retaliation," said Mr. Kielbasa. "They are catching heat, and they are not happy campers."

JOHN KIELBASA: Whistleblowing unappreciated.

The 22-year veteran of the school system was taken out of the schools and assigned to sweep the floors in a Queens warehouse in May after repeatedly reporting asbestos in schools where he was assigned to work.

He was not able to attend the supervisory meetings last week because he was called for duty by the Coast Guard. He is a boarding officer and acts as part of a law-enforcement team for cargo ships entering New York's ports.

'I'd Bet It's Asbestos'

Mr. Kielbasa said he reported the suspicious-looking material to his supervisor, as per regulations, on June 27 when the valves were delivered to his workplace. George Palermo, the Asbestos Supervisor, came to the office and challenged Mr. Kielbasa's assessment of the valves. "I told him, 'You're right, we won't know until it's analyzed,''' said Mr. Kielbasa. "But with all my time on the job, I would bet a day's salary that it is asbestos." According to DOE asbestos awareness training, employees are directed to report any suspicious material they find.

Asbestos must be properly contained or removed, according to Federal law. If the substance becomes airborne, it can cause pulmonary disease and cancer, which can be fatal.

Mr. Kielbasa claims that Mr. Palermo swore at him and left, but returned with Supervisor of Mechanics Chris Dalimonte, put the crate of valves on a cart and began to wheel it out of the building. Neither man responded when Mr. Kielbasa asked where they were taking it. When Mr. Palermo saw the camera in the Steamfitter's hand, Mr. Kielbasa said Mr. Palermo held up his middle finger, and Mr. Kielbasa snapped a photo of him. About an hour later, Mr. Kielbasa received the four letters directing him to a Supervisor's Conference.

DOE spokeswoman Margie Feinberg said she could not comment since it was a personnel matter.

"No one wants to file a lawsuit," said Peter Gleason, Mr. Kielbasa's attorney, "but if this kind of harassment continues and if they try to terminate him, it's not out of the question."