This is the "Position Paper" from the FtKnox lawyers ( or as the MSHA infestigator called them "Good People" )....

The excerts from Exibit No.10 "Position Paper" have been highlighted with red and blue. These are the excerts that I will reply to.

Exibit_No.10_Page_No.01

A. "Facts Related to the Complaint"

As you can see the denial of wrong doing by the company is easy.... "While it is not entirely clear from the Complaint"...

If you read my statement to MSHA on December 18th 2007 you will see that the "Good People" never read my statment.

Or the MSHA infestigator Mr.Troy A.Van Wey never shown it to them or they the "Good People" just refused to recognize the fact that they were wrong for refusing me the safe work conditions that are required by law.

OK, now to explain what was "not entirely clear" ...

Exibit_No.10_Page_No.02

"1. Facts relating to Mr. Scott's allegation that he was discriminated against following his participation as a representative of miners in an MSHA investigation that occurred in April of 2007.

After 2 years of intimidation and harassment as you can read in my "Statement" I was sick and tired of this. My past history with the company and my upgrades show that I was a very good miner until I applied to be a "Miners Rep"....

Even till the last day on the job I was given a audit on a job that I was doing by a new safety group and was entered into a pool to receive a gift certificate. This was only hours before I was escorted off the property for "Non Compliance" for something I had complaining about to my supervisors for months....

"The respirator that I was required to wear"...

I wear corrective safety glasses because I am disabled by poor eye site and can't see things close without the corrective lenses.

I had to pull my welding helment down to see thru my corrective lenses and this either dislodged the PPE or pressed so hard on my face that I could not breath. All the required respirators made me dizzy and it did not protect me as required. The only hood that protected me was the forced air hood because I could see out of the protective cover without moving the hood to see...............

OK now to the point...

Part one of the "1. Facts relating to Mr. Scott's allegation..."

Britt Nelson was not my direct supervisor. He was someone that dispised MSHA and he was always demeaning me and telling my coworkers things like "He is trying to shut the mine down" or " He is a narc for MSHA"... I have witnesses! He even made a verbal threat towards Mr. King in the lunchroom one day saying " would take the MSHA inspector (Alan King) to the pit and kick his ass" This is a man that was a field mechanic on my crew before becoming a stupidvisor. He came back to the welding bay one night and slept for 4 or 5 hours while on shift.... under a back board covered by a fire blanket.... hmmmm Why didn't I turn him in for this????? There was a time when this fella was a friend and YES he even signed my petition for the Miners Rep.... That all changed when he became a ftknox trained stupidvisor....

So was I really the "first welder that Mr. Nelson encountered" (Exibit No.10_Page_No.06) even though he had to walk all the way thru the mobil shop (almost 100 yards) past his PM crew and other mechanics and just happen to see me..... hmmmmmmm Oh yea I need to add that Mr. Nelson's wife is the head of HR also.... hmmmmm

OK back to the "Good People" and their "Facts Related to the Complaint"....

OK now to part two of "1. Facts relating to Mr. Scott's allegation..."

I was in the lunch room on my brake because I worked thru my break doing the GET that was needed. My supervisor Mr. Christianson comes in and interrupts and with his smirk ask me "Did you finish the cutting edges?" I ignored him at first trying to keep my cool and I finally just lost it and said " YOUR not my fucking supervisor evidently, why do you need to know"..... yea I was insubordanate.... Let me tell you about this stupidvisor...

The first day he comes to the lineout meeting he has a t-shirt with a Superman emblem on it... and this was his normal shirt several days a week on the job.... The first week he is crew supervisor he goes out with a few and I mean a few of his fellow workers to a local bar. I was told that he was looking for a fight. Well, he picked a little fellow that was sitting at the bar and decided to show him that he was superman and beat him up... That was just the start of his exibition of super powers... While he was my supervisor there were two sexual harassment complaints filed against him and several wreckless driving complaints filed.... One of the sexual complaints victims was a bright young man that was a summer hire.... well, he quit and went on to much better places and is working for a much better company. There were at least 10 of his employee's that either quit or transfered to another crew because of his unprofessional acts...

OK You get the idea, he was a power freak.... oh yea, he was also a body builder and competitor... go figure!!!!

So it was no wonder I was "given a final written warning"...

I knew he was a phony from day one and a bully...

OK Now to Part 2 "Facts relating to allegation.... discrimination against because he was required to wear a respirator"

On April 27th 2007 inspector King replied to a complaint I filed on 4/24/2007. He preformed a sniffer test on Buck. This is a test of the air quality that the welder is breathing while he welds. As the test was being given Mr. Nebecker and Mr. Hammans (the MM supervisors) came back and opened a door as to be smoking cigarettes and I got the attention of Mr. King and he said exactly what I was thinking. They were diluting the test as to let fresh air into the test area.... This was a common thing when air quality testing was done because I remember the safety personel coming to the welding bay and opening the doors when it was -40 and we would say.... hey!!!! What are you doing???

Well it was obvious!!! Mr. Hammans and Mr. Nebecker knew the trick of the trade.....

Mr. King indicated that he was making a note of this calculated act....

OK back to Part 2 paragraph 1.

I was in Argentina getting married at the time of the call( May 18th 2007) to Steve Peasnall by Mr. King saying that the positive pressure hoods could not be used. This was a unwritten mandate by a MSHA inspector. My question to my supervisors was a concern that there could be a unwritten mandate with merit.... not "Why can I use my positive pressure hood".... Let me explain about the positive pressure hood. This is a $1700 welding hood and is ANSI aproved for almost all welding. Exceptions are few...

Part 2 paragraph 2

BUT according to the "email sent to mill manger Bob Musgrove" (WHY is he getting the e-mail and not MEM????) "things" the ftknox "must do immediately" was to "STOP all welding.... until the welders are fit tested"

OK now, we go even farther in exposing the lies...

Part 2 paragraph 3

How come the welder was NOT wearing a "fit tested respirator" if the company has guidelines for PPE when welding....

Is Safety is more Precious than.... naaaaaaa

After paragraph 3 of part 2 "Facts relating to Mr. Scott allegation that he was discriminated etc etc etc

There was a little story told by someone at ftknox to the "Good People" and in this story there was a meeting on June 18th 2007. "Three members of Fairbank's loss control" "Lance Wheeler, John Gentry and Keith Ahrens" AND YES Mr. "I gotta open the door to smoke a cigarette while testing is taking place" Nebeker.... hmmmm June 18th... I don't remember this meeting.... BECAUSE I wasn't there!!!

Jay Lagasse was on the other crew so we couldn't have been together in this meeting....

OK this makes sense now... lets make Mr. Scott look even more like a BAD employ...

Mr. Wheeler??? Hmmmm I have no idea who this nice man is... but let me add a little about Mr. Lagasse. He was a wanna be welder that thought you could get a tan by welding without a shirt... yea, it didn't work. One day I came back to the welding bay and he had his tool box blocking a first aid kit and I moved it to allow access. At shift change when he came to work (He is on the opposite crew) he became a little PO'ed with me and threatened me by saying "If you touch my tool box again I will kick your ass"... He and I went to Cory's office and discused the incident and it fell on deaf ears because Mr. "I can get tanned while welding without a shirt" Lagasse moved his box back into place blocking the first aid kit...

So do you really think I was in this meeting along with him refusing to shave and didn't care about a proper seal or my health or my life????? I have a goatee and the last time I was fit tested (Way before we were "Required" to wear them while welding) according to ftknox I passed the test.... sooooooo you tell me... Do you think I was given a fair shake at trying to protect my health and well being????

BUT WAIT!!!! THERE IS MORE!!!!

August 16, 2007 Buck and I was so called fit tested for the first time.... IF this company is so safety oriented why was Buck and I not "fit tested" until August 16th of 2007???????? This was after I complained to Mr.(Superman) Christianson for several months that almost NO ONE had been fit tested.

ANOTHER example of hypocrisy and double standards of these "Good People"...

On this day Buck and I went to the security office. This is the people in charge of giving the fit test, security guards, not the loss control department..... OK I was going to get a proper fit test once and for all. When Buck and I entered the office they had us sign the paperwork for the fit test. We signed and they started their version of a fit test which was to put the mask on and test the valve........ No shake No wiggle No smoke No movement.... Nothing according to the MSHA standards of testing. I ask to see the procedure that they was suppose to follow and the security guard got a little upset and left... hmmmmm I wonder why??

After a few moments passed he returned with two people, mabey Lance Wheeler the new loss control puppet. I think Keith Ahrens was the new hygenist puppet... I don't remember which one was which... They showed Buck and I a new respirator and I think it was the first ones out of the box because no one know how to test the valves so we played with them for a while. I found that the mask that I was given didn't have a check valve included in its unit. They went and got another mask and it had a valve. We talked for a while and went on our way.... No shake No wiggle No smoke No movement No Jumping.... Nothing according to the MSHA standards of testing again even after I demanded to see the guidelines for testing..... I think there was a closed door meeting with the new loss control puppets because Buck and I went to Mr.(Superman) Christianson and told him what had happened. I am sure there is NO record of this corrective action being it was management involved.... Kinda like a stupidvisor being charged with sexual harassment.... Nothing gets done...

Anyway, onward with the exposé (A formal exposition of facts)

Below is the "Position Papers" that were one sided and very much false in many ways.
 I was not given a chance to reply or even defend myself. This is because I filed a few days late according to the "Good People".... They could have said only one statment in their position and that was... "The filing was untimely and so there is no case according to the 105c guidelines...." 
As you read this hogwash you will understand my reply.... I believe that I was refused my right to rebuttal and denied the due process I deserved..

The Constitution guarantees that the government cannot take away a person's basic rights to 'life, liberty or property, without due process of law.'

 My rights to a safe workplace for my life, liberty and property was denied!!!!!!!