Mike Nartker
WC Monitor
2/14/2014
Bechtel National is looking to conduct a significant reorganization of its management at the Hanford Waste Treatment Plant that reportedly could see a key safety manager who has alleged she has faced retaliation for raising safety concerns moved out of her position, WC Monitor has learned. Many details of BNI’s reorganization proposal, which has been submitted to the Department of Energy for approval , remain unclear, though it reportedly would include modifications to the contractor’s Environmental and Nuclear Safety organization and the transfer of current E&NS Manager Donna Busche. Notably, DOE appears likely to reject Bechtel National’s proposal, though no final decision has yet been made.
DOE did not respond to requests for comment this week on Bechtel’s proposal. For its part, Bechtel National did not respond this week to requests for additional details on the proposal, though spokesman Todd Nelson said in a statement late this week, “BNI continuously looks for opportunities to enhance performance on the WTP Project. If a decision is made to reorganize the project, we will keep our employees informed.” Bechtel National did announce late this week one organizational change at the Hanford vit plant—Scott Neubauer has named acting manager of construction, pending DOE approval. Neubauer currently serves as WTP construction site manager, and would replace Steve Overton, who has been named as manager of construction for Bechtel Systems and Infrastructure Inc., effective Feb. 24.
E&NS Manager in Midst of Lawsuit
Busche has filed two complaints with the Department of Labor in recent years alleging she has faced retaliation from Bechtel National and its major subcontractor URS, for which she works, for raising safety issues at the Hanford vit plant. Busche is also currently involved in a lawsuit against the two contractors. In her most recent complaint, filed last fall, Busche raised more than 30 allegations against Bechtel National and URS, including accusing the contractors of excluding her from routine meetings, seeking to strip her of decision-making authority and going against technical decisions she has made. She also accused Bechtel National of seeking to have her removed as one of the “key personnel” listed in its contract, as well as seeking to reduce her “organizational authority” and subjecting the work of her organization to “unfair scrutiny.” Both Bechtel National and URS, though, have strongly denied Busche’s claims of harassment and retaliation.
This week, a federal judge put Busche’s court case against Bechtel National and URS on hold until May. Bechtel National and URS Energy and Construction Inc. had asked that part of Busche’s case against them be dismissed, while her attorney has asked that the case be halted until next fall. Busche filed the lawsuit a year ago saying that she feared URS and Bechtel were working to fire her in retaliation for raising safety issues concerning the operation of the vitrification plant. Before filing the lawsuit she filed a whistleblower complaint with the Department of Labor. With no decision from the agency after a year, the federal Energy Reorganization Act allowed her to file the case in federal court. While the case was being considered by the Department of Labor, retaliation continued, she said in court documents.
URS and Bechtel said if she wanted to bring new claims she must first take them to the Department of Labor and that part of her court case should be dismissed. They also assert that she took too long to bring the claims, waiting more than 180 days. The retaliation was continuous, amounting to a hostile work environment, rather than a sudden and dramatic act, such as being fired, that would be more suitable for a 180 day limit, her attorney, Jack Sheridan, countered in court documents. It makes no sense that she would have to file a revised claim with the Department of Labor every 180 days under continuing retaliation and then be required to wait a year to bring it to court, he said. The one-year waiting period would potentially be extended indefinitely, he said. But after URS and Bechtel filed to dismiss federal court claims not brought before the Department of Labor, Busche filed her second legal complaint in November with the Department of Labor. She is asking that the federal court lawsuit be put on hold while the Department of Labor considers her additional claims. If Labor again fails to act, then all allegations of a hostile work environment could be considered in a single federal court case, Sheridan said.
Bechtel, URS, Opposed Delay
Bechtel and URS objected to a delay in the federal court case. “We want the case heard as soon as possible,” said attorney Timothy Lawlor, representing URS. Employees named in the lawsuit have had their careers besmirched, Lawlor said. He accused her of being a poor supervisor who could not get along with people. Baumgardner said Busche wants the case halted to reset the clock on discovery. Her attorney has provided little information requested by the defendants, he said. But Sheridan said the defense was painting the contractors as the victims, when it was Busche who was retaliated against for reporting health and safety issues. She could be required to go forward with two cases if the case is not halted until the Department of Labor finishes reviewing her second set of claims, he said.
Judge Edward Shea ruled that a limited halt to the case is appropriate, including a hearing on the Bechtel and URS motions to partially dismiss her case. They had been scheduled to be heard this month. He gave Busche until May 1 to file a status update on proceedings with the Department of Labor, which would be about six months after her most recent claim was filed. That could give him guidance to set a trial date in 2015, he said.
