Tuesday, April 28, 2009

Gawge













































"The Pope owns 51% of General Motors...and the Stock Exchange is the only thing he's qualified to quote us"...? How prophetic. Second song actually.


Here We Go

My favorite song when I was eleven...very well covered

http://www.youtube.com/watch?v=8gLWTtlMwo4

For Ms. Apple...

From precisely whence do elementals wince

And just as frost frog froze

Doeth cold embrace a breech to broach

And warmth therefore embold

Acclaim to rest upon repose

In awe of tawny fields

Of brendel velvet gold

As blood reigns keep and still hearts beat

A span breadths a breast a praise of prose

Wherefore yonder such places pose

And from eerie ear and wolf bat spring

From pit and top to tip

Of marooned magenta wing

With shades beyond

Mere cock and plume to portray

Start gentle wrings which wave graces’ sternly ruse

Of beauty’s feign betray

A creature’s fair full fan and phase

As final fades of lumen wax and wane

All shines from dark to black?

This is Why


Cat Stevens, my teenage idol

http://www.youtube.com/watch?v=T81cgSJsrf4

http://www.youtube.com/watch?v=-QF3Cjbk1zU&feature=quicklist

See links above....and all other Cat Stevens

In fact, here are a few more:

http://www.youtube.com/watch?v=lNId6M4SSNk

http://www.youtube.com/watch?v=2ojNhtQOsHk&NR=1

http://www.youtube.com/watch?v=e0TInLOJuUM&feature=related

http://www.youtube.com/watch?v=7sjSHazjrWg&feature=related

http://www.youtube.com/watch?v=C2rDp6FnbP0&feature=related

http://www.youtube.com/watch?v=-0a-1e6Xktk&feature=related

http://www.youtube.com/watch?v=8420UW2_veM&feature=related

http://www.youtube.com/watch?v=b_eUnxDE8YY&feature=related

http://www.youtube.com/watch?v=UtgXus3eiII&feature=related

http://www.youtube.com/watch?v=PrDHysMdu6U&feature=related

This would never get ridiculous....So just go out and buy the Majikat DVD

Friday, April 24, 2009

For Everyone

http://www.youtube.com/watch?v=1XYFJUP84lE&feature=related

Please view above link from the Letterman show

(What's So Funny 'Bout) Peace, Love And Understanding

As I walk through
This wicked world
Searchin' for light in the darkness of insanity.
I ask myself
Is all hope lost?
Is there only pain and hatred, and misery?
And each time I feel like this inside,
There's one thing I wanna know:
What's so funny 'bout peace love & understanding?
Ohhhh
What's so funny 'bout peace love & understanding?
And as I walked on
Through troubled times
My spirit gets so downhearted sometimes
So where are the strong
And who are the trusted?
And where is the harmony?
Sweet harmony.
'Cause each time I feel it slippin' away, just makes me wanna cry.
What's so funny 'bout peace love & understanding?
Ohhhh What's so funny 'bout peace love & understanding?
So where are the strong?
And who are the trusted?
And where is the harmony?
Sweet harmony.
'Cause each time I feel it slippin' away, just makes me wanna cry.
What's so funny 'bout peace love & understanding?
Ohhhh What's so funny 'bout peace love & understanding?
Ohhhh What's so funny 'bout peace love & understanding?

Lipstick Vogue

http://www.youtube.com/watch?v=dip-FtbsD8E


Please view video at above link.

Elvis Costello

Don't say that you love me
When it's just a rumour
Don't say a word
If there is any doubt
Sometimes I think that love is just a tumour;
You've got to cut it out
You say you're sorry for
The things that you've done
You say you're sorry
But you know you don't mean it
I wouldn't worry
I had so much fun
Sometimes I almost feel
Just like a human being
It's you
Not just another mouth full of lipstick vogue
It's you
Not just another mouth full of lipstick vogue
Oh yeah.
Get to the slot machine
Almost dead on arrival
Just hit me one more time
Dead live Wire
Maybe they told you
You were only a girl in a million
You say I've got no feelings;
This is a good way to kill me
Select the control room
And insert the token
You wanna throw me away
But I'm not broken
You've got a lot to say
Well I'm not joking
There are some words
They don't allow to be spoken
Sometimes I almost feel
Just like a human being
It's you
Not just another mouth
Lies full of lipstick vogue
Not just another mouth
Lies full of lipstick vogue

It's a Heartache

Jango - Free Music - Internet Radio that Plays What You Want! Listen to Music Online Radio Station

Please view video at link above.

Bonnie Tyler

It's a heartache
Nothing but a heartache
Hits you when it's too late
Hits you when you're down
It's a fool's game
Nothing but a fool's game
Standing in the cold rain
Feeling like a clown.
It's a heartache
Nothing but a heartache.
Love her till your arms break
Then she lets you down.
It ain't right with love to share
When you find she doesn't care for you.
It ain't wise to need someone
As much as I depended on you.
It's a heartache
Nothing but a heartache
Hits you when it's too late. . .
It ain't r'ight with love to share. . .
Oh it's a heartache
Nothing but a heartache.
Love her till your arms break
Then she let's you down
It's a fool's game
Standing in the cold rain
Feeling like a clown.
It's a heartache
Love her till your arms break
Then she let's you down
It's a heartache

Sunday, April 19, 2009

Today..ongoing to lying Kern County Police


I wasn't raised in Kern County. I was raised in Victorville. You guys are the proud descendants of The Grapes of Wrath. Your Officers lied about me and you believe that I'll just go away. I'm the father of four Valedictorians among many other things and was raised hunting and fishing and riding dirt bikes(way before that was a common thing) and things that your guys try to do as adults. Carry a gun. To protect liars. Your soul is a mess.

You guys make a living off of protecting the alleged victims of victims of Capitalism(which has never really worked). People suffer every day at the hands of business and you guys are sold out gun toting idiots. Have you ever seen the film Serpico? You're just so proud to have a job in America. Right? Wouldn't chance that on honesty or intelligence....nahh.

Why on earth do you even peruse such a career? You know exactly what I'm talking about. Unless you are seriously retarded. I'm not kidding. I do not fear you. I never have. I pity you. You guys lied about me and I'm sure you've had a good laugh about that. Norris rd(IA). I read the name tag on his uniform(Norris) and I asked the bloke if he was related to Chuck Norris because he was all ignorantly bowed up in a fighting stance. My mistake. I'm so sorry. He was being a dipshit. And his egotistical characterization and lies have made history. But I'm only 50. I have as long as I have to get even with you. This is going to go around the world baby. There is no justice in these ignorant type of lies. I had no cartilage left in my right hip. I was in excruciating pain. You guys got me put in a mental hospital for over eight months and I lost my wife and family. When all I needed was surgery...and my wife was pathetically menopausal and completely hysterical. She bit me! She bit my comforting hand. Do I have to spell it out..."bitch"("bit comforting hand")? All I did was push up on her nose to get her to open her mouth. It left a red mark on her nose. I told her...you are going to have a red mark on your nose. She was hysterical for weeks after that and you guys played her game. At my expense. You guys are the real bitches' bitches in all of this. You want to bite me just like she did. When I'm your comforting hand. And what a story it is going to tell.

If you thought I was crazy before...you might want to check out my blog site. Unlike you guys...I do not lie. Most Cops are ignorant lower chakra liars. So are most Judges.

I was "wielding a knife and barking like a dog". There was no knife. And I made no sounds like anything like any sort of animal. I'll gladly die fighting that double lie. Get off your dammed ass. Do something about it. You don't give a damm about me do ya...what are are ya; a total fucking whore? This has been going on for two years. You're not the only one to get a copy of this. I don't give a damm...wrong is wrong.

If you do not reply...remember... you broke me...you own me. Put me in a mental hospital for the rest of my life. Just pick me one where I can have a girl friend. That's your bluff is it not? Like I give a shit. You are crazier than I am. But I don't care about how crazy you are. I don't even need faith. I know God. I've never known how to bluff. In either case the world is going to know about it. I may just post this on my blog site right now.

http://www.youtube.com/watch?v=sCNPXpehoCM

http://www.youtube.com/watch?v=aBccr-aLu4I&feature=related

May I Have Some Cheese with this Wine?


No Attorneys would represent me due to fear of O'Melveny and Meyers: so I had to go it alone. They paid to have me diagnosed as insane(which got overturned) and I was off of work for two years. Nice. My kids hate me...my wife left me. But ain't that America...?


CCASE:
STEPHEN JUNGERS V. U.S. BORAX
DDATE:
19930224
TTEXT:
~300
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1244 SPEER BOULEVARD #280
DENVER, CO 80204-3582
(303) 844-5266/FAX (303) 844-5268
February 24, 1993
STEPHEN D. JUNGERS, : DISCRIMINATION PROCEEDING
Complainant :
: Docket No. WEST 92-226-DM
v. :
: WE MD 91-03
U.S. BORAX :
Respondent : Boron Mill
DECISION
Appearances: Stephen D. Jungers, North Edwards, California,
Pro Se;
Michael G. McGuinness, Esq., Los Angeles,
California,
for Respondent.
Before: Judge Cetti
Statement of the Case
This case is before me upon the Complaint by Stephen D.
Jungers under section 105(c)(3) of the Federal Mine Safety and
Health Act of 1977, 30 U.S.C.  801 et seq., the "Act," alleging
a five day disciplinary suspension without pay by U.S. Borax
~301
(Borax) in violation of section 105(c)(1) of the Act. (Footnote
1) More specifically, the Complainant alleges that he was
unlawfully sus-pended without pay commencing 2 hours after the
start of his work shift on August 12, 1990, and continuing
thereafter through his normal scheduled work days of August 21,
24, 25 and 26th. Com- plainant contends the disciplinary
suspension was imposed on him for having made safety complaints
to management on August 12, 1990 concerning the practice and
procedures used by Respondent's production foreman Dick Moore in
handling the sodium dithionite fires that had been occurring in
the White 5 Mol area of the plant where Complainant had been
assigned to work that shift.
Mr. Jungers, the Complainant, seeks to have his personnel
record purged of the August 12, 1990, Personnel Action Notices
and (2) back pay for the 38 hours of work missed on August 12,
21, 24, 25 and 26, 1990 due to the suspension.
Complainant's position with Respondent U.S. Borax in August
1990 and at all relevant times herein was chief production operator
at Respondent's Boron Mill earning $15.99 an hour. Mr. Jungers
worked at Respondent's Boron Mill for 12 years. He testified
he hired on as a laborer and within a few months took a bid
under the union agreement with ILWU, Local 30 to Primary Process
Plant One, where he started as a helper and then worked his way
through the ranks to the chief position in the matter of a year
or two.
The Respondent, U.S. Borax, is incorporated under the laws
of Delaware as United States Borax Chemical Corporation.
_________
1 Section 105(c)(1) provides:
No person shall discharge or in any manner discriminate
against or cause to be discharged or cause discrimination
against or otherwise interfere with the
exercise of the statutory rights of any miner, representative
of miners or applicant for employment in any
coal or other mine subject to this Act because such
miner, representative of miners or applicant for
employment has filed or made a complaint under or
related to this Act, including a complaint notifying
the operator or the operator's agent, or the
representative of the miners at the coal or other mine
of an alleged danger or safety or health violation in
a coal or other mine, or because such miner,
representative of miners or applicant for employment
is the subject of medical eva-luations and potential
transfer under a standard published pursuant to
section 101 or because such miner, representative of
miners or applicant proceeding under or related to
this Act or has testified or is about to testify in
any such proceeding, or because of the exer-cise by
such miner, representative of miners or appli-cant for
employment on behalf of himself or others of any
statutory right afforded by this Act.
~302
(Ex. 2). Respondent operates an open pit mine in Boron, Califor-nia, where it
extracts and refines borax.
Mr. Jungers as a chief operator at the Boron Mill monitored the process
in which liquid borax and borate elements are removed and separated from solid
elements such as rock and silt. Mr. Jungers worked in plant one at the Boron
facility, and was assigned primarily to an area commonly referred to as the
"mud birds." Mud birds are mechanical devices, shaped like cylinders, which
separate the liquid borates from the non-usable rocks and silt as the first
step in the refining process.
On August 12, 1990, at the beginning of his shift, Mr. Jungers
started to perform his usual duties at the plant's mud birds area when a
fellow employee approached him and informed him that she had just received a
telephone message directing her to switch positions with the Complainant. The
switch would result in
Mr. Jungers working at the White 5 Mol area where borax is chemically
treated to bleach it and make it have a rich white color. This task
requires a miner such as Mr. Jungers to add sodium dithionite, a potentially
hazardous chemical, to the refining process. Mr. Jungers, on occasion, had
performed this task before.
On August 10, 1990, two days before Mr. Jungers' suspension, there had
been a sodium dithionite fire at the White 5 Mol area which is the area Mr.
Jungers had been directed to switch to at the beginning of his shift on August
12, 1990. Mr. Jungers felt that the fire had been handled in an unsafe
manner. Mr. Jungers believed that the production foreman at White 5 Mol, Dick
Moore, used unsafe and hazardous procedures in handling sodium dithion-ite
fires. Dick Moore would be Mr. Junger's supervisor at the White 5 Mol
facility in approximately two hours as a result of the August 12th job switch.
It was undisputed that sodium dithionite liberates sulfur dioxide (SO2)
when it decomposes. It decomposes when it contacts moisture such as drops of
condensation. It decomposes when it smolders and starts to burn. (Tr. 101-
102). There was over 4,000 lbs. of sodium dithionite in the bin at the White
5 Mol.
Even before the White 5 Mol facility was installed in the plant in
September 1989, Complainant and other employees heard of the hazards involved
in the use of the chemical sodium dithion-ite. Prior to his suspension Mr.
Jungers had access to Occupa-tional Health Guidelines for Chemical Hazards
(Ex. 5) and other similar material. To show the reasonableness of his safety
concerns Mr. Jungers read into the record, page 14 of Complain-ant's Exhibit 5
under the subheading "Major Hazards" as follows:
~303
"Sulfur dioxide (SO2) is a highly irritating gas to the mucous membranes
of the upper and lower respiratory tract. Short-term, high dose exposures
have resulted in work-related fatalities due to marked airway obstruction.
Liquid or gaseous sulfur dioxide can cause both skin and eye burns."
Then continuing on the same page of Exhibit 5, under "Acute Effects", Mr.
Jungers read into the record the effects of exposure
to different concentrations of SO2 as follows: "From 50 parts per
million, marked irritation to eyes, nose and throat and lower respiratory
tract occurs. Exposure to a concentration of 500 parts per million for 30 to
60 minutes is dangerous to life."
"A few fatalities has followed exposure to unknown but very high
concentrations of gas. One report describes a case of chemical
bronchial pneumonia that ended in death after 17 days."
Mr. Jungers explained that these are the types of concerns he and others
had regarding the hazards of exposure to SO2. He stated that concentrations
of SO2 fumes produced during a sodium dithionite fire are dangerous and
hazardous to life.
As previously stated it is undisputed that sodium dithionite liberates
sulfur dioxide (SO2) when it decomposes. It decomposes when it contacts
moisture and when it smolders and starts to burn. (Tr. 101-102).
Complainant stated that he and his fellow workers "wouldn't seem to get
answers to a number of questions such as how much SO2 they were being exposed
to." (Tr. 29). Several times Mr. Jungers
had coughing fits he attributed to the SO2 fumes even when there was no
fire.
Mr. Jungers testified "I wanted to make sure that before I worked with
him (foreman Dick Moore) on shift again at the White 5 Mol with the
possibility of a fire, that he (Dick Moore) was certain and I was certain that
he was certain about what the safe procedures were in handling the fire."
Mr. Jungers stated that one of his main safety concerns was that the
foreman, Dick Moore, not ask him to fight a sodium dithionite
fire once it started and that he (Jungers) would be allowed
to be evacuated along with the other employees and that he would be allowed
to bring the hazardous material team in as is and was the stated company
policy at the time.
Asked if there was any reason to be concerned that Dick Moore would not
follow company safety policy in handling a dithionite fire, Mr. Jungers
replied "Yeah. The fire we had on Friday, while we were all evacuated, and
even though we were an eighth of a mile, or a quarter -- however far it is
from the
~304
White 5 Mol, it was bad enough for us to be evacuated. He (Dick Moore) didn't
evacuate Chuck Jones who was working at the White 5 Mol on Friday during the
fire." ... .
Dick Moore tried to get Chuck Jones to fight the fire and tried to
prevent or at least discourage him from calling the hazardous materials team
to fight the fire. (Tr. 34). (Ex. 8 and Ex. 9 are signed statements of Chuck
Jones concerning the August 10, 1990 fire.)
Mr. Jungers testified there was a tendency by some people in management
to try to circumvent the company's policy on fighting fires in the White 5
Mol. Production foreman, Dick Moore, would request regular untrained and
unequipped employees to assist in fighting sodium dithionite fires instead of
having all the em-ployees evacuate the area and calling the hazardous material
team to handle the fire.
Mr. Jungers testified that two days before he voiced his safety concerns
to management, there was a sodium dithionite fire at the White 5 Mol. All the
employees were evacuated approxi-mately a quarter of a mile away except Chuck
Jones. Mr. Jones told Mr. Jungers that Dick Moore tried to get him (Chuck
Jones) to fight the fire and discouraged him from calling the hazardous
material team. (Tr. 34). He was also concerned that Dick Moore had stated to
Chuck Jones that he (Dick Moore) and Jungers (Com-plainant) had put out fires
by themselves without calling the hazardous material team.
On August 12, 1990, when he heard he was to switch jobs and work at the
White 5 Mol Mr. Jungers went to the office of the production foreman on duty
at that time, Roy Beaver, to talk about his safety concerns. Mr. Jungers
asked Chuck Jones (a union steward) to go with him as a witness. Mr. Jungers
testi-fied "I was very concerned and I was pretty -- waiting till Mon-day,
which would have been the next day to bring a concern up to Bob Delyser (Plant
One supervisor), who I wanted to have in my presence, in the presence of Dick
Moore, make very certain what we were going to do in the event of another fire
because I did not want to just have Dick tell me that we're going to do it a
certain way. I wanted to make sure that Dick knew that I knew and the
supervisor knew that company policy as to the safe procedures would be
followed in handling any sodium dithionite fire." Dick Moore was going to be
Mr. Jungers foreman on that part of the shift Mr. Jungers would be working at
the White 5 Mol.
Mr. Jungers testified as to what occurred in Mr. Beaver's office as
follows:
And we went to the office (of production foreman
Beaver) and talked about the whole
~305
thing. I talked about what I was concerned about,
what I've already delineated here. Chuck mentioned
things that he thought were -- specifically needed to
be looked at. He mentioned the teflon liner, because
that's one of the ways in the past the fires had
initiated, where the liner would slip out, cause the
powder to miss its distribution drop and end up on top
of a mixing unit and be exposed to moisture at that
point, enough to cause a fire.
So he was concerned with the lining and plus the
fact that he wasn't very confident working the area.
He was relatively new to -- he wasn't -- hadn't had a
whole lot of training. So he was kind of scared as
far as having the fire on Friday. He was asthmatic to
begin with. He had gone through some things, like he
had vomited and coughed and he had a bad time on
Friday when they had the fire, ... .
He came mainly as a -- I asked him to come as a
witness but he began to express concerns he had too,
that since the subject was safety and from -- this is
quite of a side point to this whole case, but I've
never refused to work anywhere since I've been at
Borax. It's one of my -- one of the things that --
about me.
And I really didn't refuse (to work at the White 5
Mol) that day either. The strongest words I used was
I would rather not until we can get this safety
question out of the way, my safety question being how
the fires would be handled in terms of evacuating the
person there and getting the HAZ-MAT team to put the
fire out. ... .
I figured that by my example of saying I'd rather
not work there for that one day that some -- I would
get the attention of Bob Delyser (and we could have)
the meeting with Dick Moore. That was my whole
intention. ...
Roy Beaver said you -- there will be no discipline.
You won't be getting in trouble over this. He said he
would call some other people in.
~306
Jungers stated that his foreman, Beaver, told me and
Chuck to go back to the dissol-vers and help them
start up a line that we were starting up. And it --
we did that. And about a half hour later we were
called back to the office.
And Chuck and I went back to the office. And Ben
Gray (all plant supervisor) was there. ... . And he
said we're going to take you to the gate and I -- at
that point Roy Beaver was there. I looked at Roy and
I said, what is this? And I said, Roy, what about
what we just talked about for 30 minutes, that there
would be no discipline and on down the whole list
there?
He told me that he had called Bob Delyser at home
and Bob had made a decision. And at that point I
said, right then I said, is it too late And he goes,
yes, it's too late. And I just said wow!
I
Discussion
It is undisputed that there had been at least 5 fires involving sodium
dithionite at the White 5 Mol. It is also undisputed that when this chemical
burns it produces an abundance of potentially hazardous (SO2) fumes. It is
company policy that the area be evacuated and a hazardous material team called
to put out the fire even if they are at home because they are exper-ienced and
have the training and the equipment such as self-con-tained breathing
apparatus to handle such fires.
I credit the testimony of the Complainant Jungers. I find he had a good
faith reasonable safety concern and safety complaints
that he wanted to discuss and bring to the attention of management.
This is not a work refusal case. I credit Mr. Jungers'
testimony that he never refused to work anywhere on August
12, 1990, or any other day. He just wanted it clear to management that he
had a serious safety concern and rather not work at the White 5 Mol until as
he states it "until we can get this safety question out of the way, my safety
question being how the fires would be handled in terms of evacuating the
person there and getting the HAZ-MAT team to put the fire out." He wanted to
be sure that in the event of a fire, foreman Dick Moore would not require him
(Jungers) to stay and help put out the fire rather than permit him to evacuate
the area and call the hazard-ous material team to handle the fire.
~307
The evidence leads me to the conclusion that Mr. Jungers and his fellow
employee Chuck Jones wanted to bring to management's attention and discuss
with management legitimate safety concerns. They did have a discussion of
their safety concerns with lower management and indicated that they preferred
not to work at the White 5 Mol until their concerns were dealt with. As soon
as they left lower management (Beaver) made a call to upper man-agement.
Upper management may or may not have gotten an accurate picture of what the
situation was but nevertheless made the deci-sion to take immediate adverse
disciplinary action against
Mr. Jungers and Chuck Jones.
As Mr. Jungers aptly stated, he and Jones made safety com-plaints to
management with the assurance from lower management that there would be no
retaliation and return to the work man-agement (Beaver) assigned to them and
30 minutes later were called into the office, taken to the gate and relieved
of their hard hats and badges.
II
Further Discussion and Findings
Section 105(c) of the Act was enacted to ensure that miners will play an
active role in the enforcement of the Act by protecting
them against discrimination for exercising any of their rights under
the Act. A key protection for this purpose is the prevention of retaliation
against a miner who brings to an operator's
attention hazardous conditions or practices in the work-place or engages
in other protected activity.
The basic principles governing analysis of discrimination cases under
the Mine Act are well settled. In order to establish a prima facie case of
discrimination under section 105(c) of the Act, a complaining miner bears the
burden of production and proof in establishing that (1) he engaged in
protected activity and (2) the adverse action complained of was motivated in
any part by that protected activity. Secretary on behalf of Pasula v. Consolidation
Coal Co., 2 FMSHRC 2786, 2797-2800 (October 1980), rev'd on other
grounds sub nom. Consolidation Coal Co. v. Marshall, 663 F.2d 1211 (3rd Cir.
1981); Secretary on behalf of Robinette v. United Castle Coal Co., 3 FMSHRC
817-18 (April 1981). The operator
may rebut the prima facie case by showing either that no protected
activity occurred or that the adverse action was in no part motivated
by protected activity. If an operator cannot rebut
the prima facie case in this manner, it nevertheless may defend
affirmatively by proving that it also was motivated by the miner's
unprotected activity and would have taken the adverse action in any event for
the unprotected activity alone. Pasula, supra; Robinette, supra. See also
Eastern Assoc. Coal Corp. v. FMSHRC, 813 F2d 639, 642 (4th Cir. 1987); Donovan
v. Stafford
~308
Construction Co., 732 F2d 954, 958-59 (D.C. Cir. 1984); Boich v. FMSHRC, 719
F2d 194, 195-96 (6th Cir. 1983) (specifically approving
the Commission's Pasula-Robinette test). Cf. NLRB v. Transportation
Management Corp., 462 U.S. 393, 397-413 (1983) (approving
nearly identical test under National Labor Relations Act).
Direct evidence of actual discriminatory motive is rare. Short of such
evidence, illegal motive may be established if the facts support a reasonable
inference of discriminatory intent. Secretary on behalf of Chacon v. Phelps
Dodge Corp., 3 FMSHRC 2508, 2510-11 (November 1981), rev'd on other grounds
sub nom Donovan v. Phelps Dodge Corp., 709 F2d 86 (D.C. Cirl 1983); Sammons
v. Mine Services Co., 6 FMSHRC 1391, 1398-99 (June 1984). As the Eighth
Circuit analogously stated with regard to discrimination
cases arising under the National Labor Relations Act in NLRB v.
Melrose Processing Co., 351 F.2d 693, 698 (8th Cir. 1965):
It would indeed be the unusual case in which the
link between the discharge and the (protected)
activity could be supplied ex- clusively by direct
evidence. Intent is subjective and in many cases the
discrimination
can be proven only by the use of circumstantial
evidence. Furthermore, in ana- lyzing the
evidence, circumstantial or direct, the [NLRB] is free
to draw any reasonable inferences.
Circumstantial indicia of discriminatory intent by a mine operator
against a complaining miner include the following: knowledge by the operator
of the miner's protected activities; hostility towards the miner because of
his protected activity; coincidence in time between the protected activity and
the adverse action complained of; and disparate treatment of the complaining
miner by the operator. Chacon, supra at 2510. See also Boich v. FMSHRC, 719
F.2d 194 (6th Cir. 1983); and Donovan v. Stafford Construction Company, No.
83-1566 D.C. Cir. (April 20, 1984) (specifically approving the Commission's
Pasula-Robinette test). See also NLRB v. Transportation Management
Corporation, 462 U.S. 393, (1983), where the Supreme Court approved the NLRB's
virtually identical analysis for discrimination
cases arising under the National Labor Relations Act.
On the basis of the most credible evidence presented I find that this is
not a work refusal case. Mr. Jungers simply wanted to bring to management's
attention legitimate safety concerns and either through a deliberate intent to
retaliate against Mr. Jungers
for this protected activity or possibly through a negligent
misunderstanding of the true facts on the part of higher
~309
management, Mr. Jungers was "taken to the gate" and relieved of his badge and
hard hat approximately 30 minutes after he voiced his safety concerns and
complaints to management.
It is clear from the Commission's analysis in Chacon, supra, that the
coincidence in time between the protected activity and adverse action such as
we clearly have in this case is strong circumstantial evidence of the
retaliatory motivation for the disciplinary suspension Respondent imposed on
Mr. Jungers.
On careful evaluation of all the evidence I find Mr. Jungers was "taken
to the gate" on August 12, 1990, and suspended in retaliation
for Mr. Jungers' protected activity. Respondent failed to rebut Mr.
Jungers' prima facie case. Respondent also failed to prove as an affirmative
defense that it would have discharged Mr. Jungers in any event for his
unprotected conduct alone.
In sum on the basis of the preponderance of the most credible
evidence I find that Respondent suspended Mr. Jungers in retaliation
for engaging in protected activity in violation of section 105(c) of
the Act.
III
Timeliness
Although the issue of the timeliness of Mr. Jungers' complaint
was not raised at the hearing, Respondent in its answer contends that
"Jungers failed to timely file his complaint with the Secretary." The
violation of section 105(c) occurred during the period August 12 - 26, 1990,
Mr. Jungers filed his complaint on October 30, 1990. Thus it was filed just a
few days in excess of the 60 days period specified in section 105(c)(2).
The purpose of this time limit is to avoid stale claims, but a late
filing may be excused. The time limit in section 105(c)(2) is not
jurisdictional in nature. Christian v. South Hopkins Coal Company, 1 FMSHRC
126, 134-136 (April 1979); Bennett v. Kaiser Aluminum & Chemical Corporation,
3 FMSHRC 1539 (June 1981); Secretary v. 4-A Coal Company, Inc., 8 FMSHRC 240
(Febru-ary 1989).
The Commission has indicated that dismissal of a complaint for late
filing is justified only if the Respondent shows material, legal prejudice
attributable to the delay. Cf. Secretary/Hale v. 4-A Coal Company, Inc.,
supra. No such showing has been made here. Under the facts and circumstances
presented at the hearing in this case the late filing is excused. Respondent's
request for dismissal ofthe complaint is denied.
~310
Conclusions of Law
1. Jurisdiction over this action is conferred upon the Federal Mine
Safety and Health Review Commission under section 105(c) and section 113 of
the Act.
2. Respondent's Boron Mill is a mine, as defined in section 3(b) of the
Act, and its products affect commerce under section 4 of the Act.
3. Respondent at all relevant times was an operator within the meaning
of section 3(d) of the Act.
4. Steven D. Jungers was a miner at all relevant times within the
meaning of section 3(g) of the Act.
5. Mr. Jungers engaged in protected activity when on August
12, 1990 he brought to Respondent's attention his safety concerns
and complaints. At the time he articulated his safety concerns he had a
good faith reasonable belief as to the hazards involved.
6. Mr. Junger's claim is not barred by his failure to file a written
complaint within 60 days of his suspension.
7. Mr. Jungers' suspension was directly motivated at least to a large
extent by his articulation to management his safety concerns and complaints.
ORDER
Based on the above findings of fact and conclusions of law, it is
ORDERED:
1. Respondent shall pay to Complainant Steven D. Jungers within 30 days
of the date of this decision the sum of $569.62 representing back pay for 38
hours of work missed during the suspension beginning on August 12, 1990, with
interest thereon in accordance with the Commission decision in Local Union
2274, UMWA v. Clinchfield Coal Co., 10 FMSHRC 1493 (1988) aff'd, 895 F2d 773
(D.C. Cir. 1990) calculated proximate to the time payment is actually made.
In that case interest was calculated at the short-term federal rate used by
Internal Revenue Service for the underpayment and overpayment of taxes plus 3
percentage points.
~311
2. Respondent shall expunge from its personnel records maintained on
Steven D. Jungers the Personnel Action Notices of August 1990 and all
references to the August 1990 suspension of Steven D. Jungers.
August F. Cetti
Administrative Law Judge
Distribution:
Mr. Stephen D. Jungers, 16966 Bellaire Avenue, North Edwards, CA 93523
(Certified Mail)
Michael G. McGuinness, Esq., O'MELVENY & MYERS, 400 South Hope Street, Los
Angeles, CA 90071-2899 (Certified Mail)
sh

Eight years later the Union Vice President, who happened to be my brother Robert, asked me to chronicle the account for the United Nations in reference to their Universal Declaration of Human Rights. As follows.



September 29, 1998

United Nations General Council:

It has been a little over eight years since I became an unfortunate victim in what ended up being a Federal human rights case in the United States which resulted in a decision in my favor. The Federal investigator on my case, Edward S. Lopez, encountered first hand the unfathomable and blatant disregard in the disposition of U.S. Borax Company officials toward my human rights as an employee. My case was Mr. Lopez’ last investigation before retirement and he gave it the strongest recommendation of his career in my favor. The negative impact in my personal life has been and remains insurmountable. The series of events set in motion and perpetuated by U.S. Borax (a subsidiary of Rio Tinto) and their resultant impact on my life make for a revealing look at contemporary human rights and modern man. I have been requested to chronicle a basic synopsis of these events as a form of intelligence report for the United Nations and other interested parties. In the following written descriptions you will no doubt notice evidence of the psychological effects of having my original reservoir of goodwill being somewhat drained. You will find sarcasm as well as outrageous venting of perspective from an American point of view, which you may consider either entertaining or repellent. As to what I have to impart, however, I wish to begin by saying that my intention is not to offend, but to communicate something which I consider to be gravely important in regard to Humanity.

Yes, it has been just over eight years since Aug. 12, 1990. The day that my rights were violated and officials of a major corporation (U.S. Borax) began to effectively ruin my adult life and sense of good humanity. For the following two years I was put in the position to have to fight for my rights, my family’s survival and my very sanity.

I was born in Victorville, California, 1959. Being raised in Southern California, and receiving a public education, had afforded me a great sense of humanity. I had always looked forward to being an adult and able to do things right and good. As a teenager my family became Jehovah’s Witnesses, who interestingly enough taught that the United Nations was the image of the Wild Beast in the book of Revelation. We were later forced to leave when we told church members that the world was not really going to end in 1975 as they believed. By age 17 I was confident and responsible enough to leave home and support myself. I worked, got a General Education Diploma, and was very happy. At age 19 I became employed at U.S. Borax, Boron Operations, Boron California, which seemed to be the absolute perfect opportunity to get married and raise a family.* So I did. And I have what I consider a perfect marriage and family with four children (all with perfect marks at school.) As a hobby, I began to read and study various topics from philosophy to nutrition. I have a degree in Nutrition and wrote a book on Philosophy entitled Elword Riddle, The Logos and Modern Man.

I was young, enthusiastic, and Borax seemed great. They had such great policies, encouraging human rights, safety and personal development. Every year, as a term of employment, everyone has to attend an eight hour Federally mandated class on safety, including our right to question safety without fear of reprisal. I really believed that the company was genuine in respects to all matters involving human rights. To give you an example, I once attended one of those yearly M.S.H.A. classes wherein an employee deferred or refused to actively participate in the class, he did not wish to make a comment on the subject of safety. This employee (Billy O’Dell) was asked to leave the class and was later given three days off work without pay as discipline for failing to support the class on human safety rights. This impressed me quite a bit.

As the years progressed, and I matured and gained experience, I began to notice some symptoms of dysfunctionality and incompetence throughout the organization. After 5 years of employment I realized that management for U.S. Borax would never do for me, I would remain a common worker. Decades of no competition had led to a decadent and un-excellent managerial body. Borax was a monopoly. But a very steady source of employment. So I tried to not invest too much emotionally into the things that went on at work and saved myself for my wife and children, which has really paid off well. It was sometime in the mid 1980’s that the resident manager (Bill Anderson) confided in me that he used fear as a tool to achieve results in managing the company. I was incredulous and dumbfounded. How...Why? After that many of the otherwise puzzling aspects of the company’s actions began to become clearer. When fear is authority, all types of irrational, incompetent, and dysfunctional things begin to happen. Subordinate managers will quickly pick up on and emulate the technique of motivation by fear. The homage to fear becomes a force in and of itself, a sort of haunting hobgoblin within an organization.
____________
* If you haven’t been to visit U.S. Borax Operations in Boron, Ca., you really should come for a visit. It truly is one of the wonders of the modern world.

If Edward S. Lopez, my M.S.H.A. investigator, would have been privy to all of this, he no doubt would have been able to comprehend what he was involved with in his dealings with company officials; which had left him feeling somewhat baffled as if he had visited the Twilight Zone.

Some of Borax’s first real competition began in the 1980’s...from a Turkish Borax Plant whose finished product was whiter in appearance than ours. It seems the Turkish plants finished product had less of the trace amounts of iron that made our Borax look off-white when compared side by side. This caused great concern among company leaders. I was actually told by an engineer that part of the concern was one of image and that some very old European glass blowers were offended by the iron content of our finished product, (Borax is used in glass manufacturing). Research efforts were made and we (actually I believe it was George Tucker) discovered that Sodium Dithionite*, if added in the right amount to our liquid Borax solution prior to crystallization would cause the iron to ‘drop out’ of solution enough to whiten the finished product and save the day.

Monies were allocated and an addition to the process was engineered, contracted and built. We would buy ‘Virtex D’ (sodium dithionite) from Virginia Chemicals and use it 24 hours a day in our process. The new part of the process was to be called ‘colorless’ or ‘white 5 mol’. Which by the way is where I am working today as I write these very words.

Sodium Dithionite has some very uncommon and very hazardous chemical properties. We get it in powder form in bulk containers (metal bins) 4000-5000 lbs. each. It is spontaneously combustible and the fumes from thermal decomposition can kill a person who takes just one breath by causing Pulmonary Edema (water blisters on the lungs.) Thermal decomposition or spontaneous combustion can begin in one of two ways. Temperatures exceeding 50 degrees Celsius; or by a drop of moisture, in other words, an insufficient ratio of water to powder. We (the workers who were going to be working with dithionite) continually asked the company about our safety in these regards. Our process was going to mix the powdered Dithionite with enough water for a density of 1.08 specific gravity. This also releases SO2 (sulfur dioxide) gas to the atmosphere, which has a Federally mandated 5 p.p.m.(parts per million) safety and health limitation. We were told not to worry by all company officials and engineers alike. We were told by our Supervisor Sue Guezenske, that there would only be ‘trace amounts so as to be immeasurable.’
_________
*sodium hydrosulfite-a chemical bleach and reducing agent.

Well, during the first year we had already experienced six fires and found out that even under normal mix conditions the SO2 concentrations we were exposed to were often times well in excess of 1000 p.p.m. (Even our chemical respirators are only rated for 50 p.p.m.) The company slowly began to address the SO2 exposure issue after we forced them by having a surprise Federal inspection. Fires were to be handled by evacuating employees and bringing in a Haz-Mat Team with pressurized air breathing apparatus and training in resolving a sodium dithionite fire...basically by flooding it.

On August 10, 1990, we had another fire. Chuck Jones, who was working at the white 5 mol plant that evening was not evacuated, and not allowed to call our in-house emergency number...but was asked to put the fire out himself. People, including myself, over a quarter of a mile away were evacuated, but not the white 5 mol operator. This concerned me greatly and was well known to be against company policy. Two days later, Sunday August 12, 1990, I was requested to work at the white 5 mol plant by my foreman, who explained that the person who had been scheduled to work there had broken a fingernail. I expressed my concerns, along with Chuck Jones who also went with me to the Foreman’s office. Swing shift began at 3:00p.m., but the formen changed shifts at 6:00p.m., meaning that the same Foreman who had unsafely supervised Friday’s previous fire would be coming on shift in a couple of hours. I requested a safety clarification with the safety department, myself and the Foreman who would be coming in, prior to my working at the white 5 mol plant. It was Sunday and I was told that the safety department was not available, and that I could work at the Dissolvers, where I had originally began the shift, without being disciplined. The Foreman would call someone in to fill the vacancy at white 5 mol. This satisfied me until thirty minutes later when both Chuck Jones and myself were fired. The company had a hearing and I was allowed to return to work with 5 days off without pay. In this hearing I was called a liar and accused of ‘conspiracy’ just as I began to cross-examine a largely fabricated testimony of the Foreman who fired me.

The union didn’t seem to be interested. I was very concerned. Five days off is usually the most severe discipline an employee can receive prior to termination. And I did not deserve discipline at all. I strongly felt that I would be in serious jeopardy if I failed to fight and overturn this discipline. The knowledge that I was considered to be a bad employee coupled with the dishonesty displayed by the company officials in dealing with me was an extremely difficult blow to me as an individual. I knew that the next altercation I had with the company would result in termination; whether I deserved it or not.

The Union failed me, and I filed with M.S.H.A. through the Federal Government. I became alternately enraged and depressed, outspoken and withdrawn. Though I once worked more overtime than anyone, I quit working overtime altogether. Eight hours a day was more than I could bare as a losing victim of an insane peer group and pecking order. Most people choose to doubt my honesty having not personally witnessed the events in question, and I did not want my family or anyone to have to take my word on what had happened. The very slow wheels of Government bureaucracy began to turn. Special Investigator Edward S. Lopez came to interview me for deposition. He also visited with the company officials, on at least three occasions.

One such occasion was to interview Darryl Caillier, Personnel Director and head of discipline. Investigator Lopez had already read minutes from the disciplinary hearings and was aware of who had testified and how. He had also interviewed Roy Beaver, the Foreman who took me to the gate, the day I was fired, so he knew we had asked for safety and a clarification on a safety matter. One of the first things that inspector Lopez did was to make Darryl Caillier aware and appraise him of, the information he had in his possession. But, when asked why I was fired, Mr. Caillier repeatedly answered that we never asked for safety and that we concocted that story later to cover ourselves. Even after having been shown that the Foreman on shift had testified that we had safety concerns, Mr. Caillier still maintained that we had not, but had made up that story after the fact. What impressed Investigator Lopez was the degree of stupidity and ignorant confidence that Mr. Caillier had in himself and the company. The company did not have a leg to stand on. They did not have anything to go on, but I was still forced to fight and wait for a Federal decision (which took two years).

Another meeting with company officials which impressed Special Investigator Lopez in a very unsettling and odd way was when he came to meet the top official or Resident Manager of the company (Larry Belotti), who wasn’t in that day. Investigator Lopez was instead allowed to meet with Elgian Hurley, another company official. Mr. Lopez had barely introduced himself when Mr. Hurley began to make a statement for the company about how the company was going to fight this case with the Department of Labor all the way, and felt very strongly about it. When Investigator Lopez attempted to inform Mr. Hurley that he was not with the Department of Labor, but with M.S.H.A., he was interrupted and told that it did not matter, and there was no need to discuss any particulars. The company was going to fight this matter all the way and did not even care which department of the Government Mr. Lopez was with or even care about the particulars of the case.

Must be nice to be able to afford to be so wrong. It is this type of decadence, human indifference and incompetence that gives one the primitive notion of evil. Meanwhile, my psychological health was being severely tested. It had almost been a year since this whole mess began when I called a Union attorney who advised me concerning statute of limitations. He told me that after one year, there would be little I could do about what had happened, and if M.S.H.A. decided against me, I was out of luck. I felt great pressure to further document and responsibly deal with my situation. It may help the reader to realize that no one had ever won a Federal M.S.H.A. claim against U.S. Borax. I ended up being the first in history to do so. So I was by no means certain I would win or that my livelihood was in any sense secure.

So I went and saw a psychiatrist. And not feeling like I should wait for my medical insurance to process a referral, which can take several weeks, I found a doctor on my own and paid $80.00 cash on two occasions, before I turned the matter over to the company for insurance benefits. When I went to the company personnel department to address the situation I had already been off work for a week or so and had been diagnosed with major depressive syndrome. I was informed that since this matter was indeed work related that I would have to fill out a workers compensation form (what a nightmare that turned out to be). The original psychiatrist whom I had visited had told me that I needed to have ‘grief therapy’ due to the fact that the company had ‘died’ to me. This made sense, though I was never able to see him again after filling out the workers compensation form. I was scheduled for many, many other appointments, depositions, and hearings for the next three or four years. I just did what I was told, made every appointment, told the truth and followed instructions. I ended up off of work for two years, twice diagnosed paranoid schizophrenic(along with narcissistic and histrionic) and lost everything (except my home and family) that I had earned and amassed over the previous decade. Even after I was amazingly cured (upon winning my Federal case) U.S. Borax would not let me return to work. I had to enlist the aid of a state agency E.E.O.C., and fight my way back to work.

As a condition for releasing me to come back to work, Dr. Sullivan, a company psychiatrist, made me promise to avoid anything that may seem or appear to be controversial for a period of two years after returning to work. In 1995, I called Dr. Sullivan and told him that the two years were over. He said, "okay". I then approached the company (Darryl Caillier) and asked why the company had caused me so much trouble...and what the company planned to do about it. Before the meeting was over I had been informed by Caillier that I needed to show him respect (fear) and was asked by him if I knew what insubordination meant. I told him I was trying to find a way to respect him and that ‘no’ I did not understand the meaning of the word insubordination; I told him that I was treating him as an equal, not a superior. He fired me. Then my supervisor came to Caillier’s office upon Caillier’s request and I ended up getting my job back, due to the fact that I am considered to be an excellent employee. Mr. Caillier told me that we could not communicate well with one another and that I ‘twisted things.’ When asked which specific things I twisted, he responded, "You twist everything". Caillier suggested that I go to Corporate Headquarters in Valencia, California and speak with Pat Brady, a more senior personnel specialist, which my wife and I did. She was genuinely surprised to see us, listened to my story and promised to come to Boron, meet with Caillier and myself and straighten things out. Two more years passed. I never heard from her.

A few months ago, my brother Robert, who is a Union Steward, asked me about these matters; he having been vaguely previously aware of my attempts at functional communication with company officials. He told me that he would see what he could get accomplished. Since then he has been able to get Pat Brady to meet with Caillier and myself. One of the requests I had at the meeting was that records of my Federal case be maintained in my personnel file, along with a few other personal documents to give my file a more well rounded comprehensiveness; a request that has been denied. In my experience, what characterizes U.S. Borax company official functionality is a committedly presumptuous recalcitrant condescending predisposition toward employees.* It was my brother, who upon doing research on U.S. Borax, found the U.N. Universal Declaration of Human Rights...at the Rio Tinto web site. It was also my brother who has repeatedly encouraged me to make this written report.
_______
*I have on many occasions been either a witness or a victim of what I consider to be their asinine shenanigans, total disregard for anyone’s humanity and absolutely disingenuous responses to serious concerns...All of which has prompted me to give them the following satirical identity: Perpetually pathetic pathological prevaricators perpetrating pie pelting pandemonium... (Dishonest clowns).

Many details of the negative experiences my family and I were forced to endure have been left out, and most of the personal psychological trauma I have not reported on. Financial impacts included but were not limited to - quitting working overtime, no money for first three months I was off work, life insurance policy lapsed, lost wages for two years, foreclosure of rental property, three commercial real estate partnership investments, home went into foreclosure, family medical and dental insurance canceled wrongly, no wage or benefit the last three months prior to reinstatement...not to mention what I would have continued to develop from what I was forced to lose. Emotionally - bad, very bad. Many, many times I experienced a rage so overwhelming and primordial that I felt myself to be seriously inappropriate in my own home around my own wife and children. On these occasions I would leave home and simply spend the night alone in the desert. If I had not been the first person to ever win a M.S.H.A. claim against U.S. Borax since 1977 (inception of M.S.H.A.), not only would I have never written this, but it is doubtful that I could have remained married, and questionable if I would be alive now.
Something needs to be done about what happened to me. From day one my congressman was alerted to the situation. Later both my assemblyman and congressman were notified that if something was not done, I would be forced to file bankruptcy. Nothing was done, I filed. Now I have no credit.

I personally believe that labor is not a game. People who actually work for a living deserve the full respect that society can afford them. This is a problem that will never go away. The inevitability of International Labor as the greatest human force on the planet seems clear to me. I would like world leaders and the United Nations to consider these things and this report. To me, quality of life and quality of labor standards have been one in the same. The potential of humanity has not begun to be realized in its fuller extent. In order for this realization to ever become possible for the common adult human being, we must begin to deal with what many of us, myself included, have taken for granted...but it is not necessarily automatic: That which is basically summed up in the United nations Universal Declaration of Human Rights.

Good policies are only as good as their good practice. Policy should never be used as a veil of fake respectability, as has been so common in recent times. Policy, rather, should set the matrix for competency within humanity. Perhaps it is a time for the U.N. to draft a correlative declaration to the universal one for human rights. Maybe a universal declaration of human principles needs to be drafted in order to define, animate and enforce those goals we seem so challenged to accomplish. To a healthy intelligent modern person, humanity is everything. And believe me, I could go on and on and on. Not only about what happened to me. But where we are, where we are headed, pitfalls, cautions, what we need to be doing now to carry the ball for future humanity; I feel these things instinctually. But I will close with a reproduction of a letter I wrote dated October 27, 1994, to an attorney who could not find it within herself to represent me fully.
October 27, 1994


Per Request,

HELP!

We all have the opportunity to redefine our life’s character in terms of how we respond and react to information and events which challenge the convenience of our status-quo comprehensions as to secular stewardship. I do not blame the poor for our Social ills, but rather the quality of leadership which never seems to achieve results from comprehension penetrating beyond the academic...a leadership which depends on paper, ink and theory, with Policy and printed results molding statistics of current demographical stills into intelligence and information in servitude to and comprehensible by and within the framework of Policy. Regardless of any actual Societal nature or existing causal criterion within our Social-Secular world. In our country today, we enjoy the idealization of some of the loftiest National policy to find a place within Human civilization. Yet the vast majority of our citizens have yet to experience the greater spirituality which has fostered, and will become current with, the actual social and secular evolution brought about by new understandings and insights regarding factors relevant to implementation. If past and even contemporary societal characteristics require Laws to insure spiritual evolution, is it wise to ignore aspects of Secular Psychology which stand well established and firmly rooted within Societal activity? Policies involving elevated individual life are met with daily confrontation and resistance.

Each and every individual who occupies a position of influence or Secular authority to any extent, creates and forms the actual face and precise everyday reality of our society. Where then exists the quality of our priority? Who has the game plan? A leader at any level of our world, from Foreman, to Teacher, to Magistrate... is a person who daily sets the tone for, and characterizes the soul of our Society. Priorities engendering mental and emotional health, and positive spiritual Human evolution should be manifest and evidenced as instinctual in anyone permitted to act in the capacity of any form of secular influence or authority. Until such time as our leadership acquires understanding enabling and allowing intelligent communication to provide educational correction of the current unhealthy influence daily issuing from salaried agents of secular influence...Health in terms of our Social Body must remain a matter academic as well as hypothetical.

How, in our Society today, is an individual whose citizenship and productivity have been demonstrated to be irreprehensible, going to fare when compelled to call into use one of the newer Laws protecting the health of an intelligent individual? Just how much interest does our Nation have toward such an individual? How much do we learn from situations and circumstances brought about and into effect due to our current understanding of such matters? How much pain and unnecessary loss does an individual experience due to lack of spiritual comprehension as to the persons requirement for Social healing?

What do we communicate to those whose faith in humanity is immutable? The individuals I have so far encountered seem to possess little or no concern for the type of individual I represent. Two Worker’s Comp. Psychiatrists wasted no time in diagnosing me as a paranoid schizophrenic, because I was there to get help for the emotional symptoms which accompanied my experience of discrimination. A Federal finding in my favor prompted changes in my condition as reevaluated in subsequent reports. I was then denied the sick-leave benefits we had lived on for almost two years due to a complete medical and psychological release...yet was refused reinstatement of employment. An entire set of events covering two years of my life and initiated at the instruction of the Company’s Senior Personnel specialist (Instruction to file Comp. claim 8-10-91...witnessed by Frank Gonzales Jr.).

Our family and the success of Diana and I are the result of applied talent, and not to some selfish end, for we have done our best to demonstrate our reverence for human life...over and above popular mass ideation.. The strain of the uncomprehended battle we have been forced to war in over the past four years...has left us unable to communicate ourselves to one another consistently, much less to our children or adult contemporaries. We, especially, need healing...communication of something other than battle and the losses which threaten to become permanent and unfair in our lives.

Let it Be
http://www.dailymotion.com/video/x49zq_the-beatles-let-it-be

It Don't Come Easy
http://www.youtube.com/watch?v=jZfAik7wP8U&feature=related

Saturday, April 18, 2009

Irwin Elementary











































































































































I may have scored higher had I not just worked Graveyard shift at the aluminium plant(Revere Extruders). Or if I would have brushed up on a few subjects. Ah well.


Friday, April 17, 2009