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| Office of the Chancellor / Public Affairs |
Thursday, March 11, 2004
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Contra Costa Times 3-11-04 Lab, security officers settle |
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| LIVERMORE - The University of California has reached a settlement with one current and one former Lawrence Livermore Laboratory security officer, who claimed they were fired because they were whistle-blowers. The lab maintained that Officer Mathew Zipoli and former Officer Charles Quinones were fired in September 2001 because of their participation in a sick-out on one of the lab's busiest days. Under the terms of the settlement reached late Tuesday, Zipoli, Quinones and their lawyers will receive $200,000 to be divided among them, according to the lab. The agreement settles all pending claims and counter claims on both sides -- with the U.S. Department of Labor, the Public Employees Relations Board and Federal District Court. "In lieu of litigating, the lab is saving taxpayers' money by settling. No one is admitting guilt. They are withdrawing their legal actions and we are withdrawing ours," lab spokesman David Schwoegler said. According to a lab press release, as part of the settlement, Zipoli -- who was reinstated by an arbitrator in February 2003 -- was to resign immediately. Neither Zipoli nor Quinones, nor their attorneys, could be reached for comment Wednesday. Both Zipoli and Quinones were fired by the lab in September 2001, after supporting and participating in a security union sick-out that August during a protest for Hiroshima Day, lab officials said. "They chose a sick-out on that day that holds shifts over, and causes potential safety issues with the work force," Schwoegler said. "They were counseled by management it was illegal, but it happened anyway." Schwoegler said the lab was in negotiations with the bargaining unit at the time, and that any work stoppage was prohibited by law. Quinones, union president at the time, continued to appeal his dismissal. Zipoli was reinstated at the lab in 2003, but not exonerated, Schwoegler said. Zipoli resigned Tuesday, he said. Schwoegler said Quinones had not been reinstated because, as union president, he had greater responsibility for his actions. Both security officers claimed they were fired for being whistle-blowers
-- revealing possibly dangerous deficiencies in security, including lack
of training and hazardous working conditions. Investigating complaints
by the men, the Department of Labor found no evidence of whistle-blower
retaliation. Earlier, an independent arbitrator heard the men's grievances,
and supported the lab's actions. |
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