Claims Retaliation|
30-Day Suspension For DOE Steamfitter

By MEREDITH KOLODNER

A Steamfitter who repeatedly reported potentially hazardous asbestos in city schools was suspended Aug. 21 for insubordination and conduct unbecoming his profession.

JOHN KIELBASA: Suspended for speaking out?

The 30-day suspension without pay will keep John Kielbasa out of work until Sept. 19. He also lost his health-care benefits and had to pay $450 out-of-pocket to maintain his coverage. Mr. Kielbasa is entitled to a hearing before the Office of Administrative Trials and Hearings, and he is planning to ask the City Council to hold a hearing on the presence of asbestos in city schools.

'Trying to Fire Me'

"I think they're trying to fire me," said Mr. Kielbasa, "to serve as an example to other employees not to speak up, but the schools are loaded with asbestos."

The Steamfitter has filed dozens of reports in the past year of potentially dangerous asbestos in schools where he worked in The Bronx and Manhattan. He says that sometimes the site was cleaned up or contained, but that more often he returned to a location and found no action has been taken. Department of Education officials have denied that the sites in question pose health hazards to children and have said that they respond to actual problems as quickly as possible.

If properly contained, asbestos does not pose a health hazard. But if asbestos becomes airborne, it can cause cancers and pulmonary diseases that can be fatal. It is especially dangerous for children.

Mr. Kielbasa, who has worked in the schools for 22 years, recently joined a study at Mount Sinai Hospital that is tracking the health of custodial and school workers and symptoms related to asbestos exposure. He is showing the early signs of exposure.

'Negative Publicity'

In the disciplinary letter, he was accused of failing to follow proper procedure regarding asbestos removal and failing to notify the appropriate personnel about the hazardous conditions that he reported. Mr. Kielbasa said he several times notified other people in addition to his supervisors about the asbestos, in an effort to get action taken. He also had some of the material he found tested by an independent lab, in an effort to prove that the material was dangerous, he said.

In addition, the complaint against him stated that he caused "widespread negative publicity, ridicule and notoriety to the NYC Department of Education" when his claims were reported in the news media. He was also accused of calling his supervisor "incompetent" and posting fliers without permission. The document asserted that Mr. Kielbasa's action constituted "substantial cause for dismissal." It is signed by Theresa Europe, the Deputy Counsel to Schools Chancellor Joel Klein.

Mr. Kielbasa's attorney, Peter Gleason, believes his client has enough evidence to bring a retaliation claim against the DOE. He and Mr. Kielbasa believe he is being disciplined for speaking up about the hazardous conditions and embarrassing the department. "There's a cover-up," said Mr. Gleason. "We're going to have a major health crisis because of this in years to come."

DOE officials denied any wrongdoing. "This is a personnel matter. There has been no cover-up," said DOE spokeswoman Margie Feinberg. "We check and continue to follow up on information brought to us by our employees, and we comply with all Federal, state and city guidelines regarding asbestos removal."