We were housed in a basement of what is now a former Costco building, with an air-conditioner as the only ventilation. When I noticed mold growing in a hole, in the wall beneath the air-conditioner, adjacent to the room where I sometimes, but mostly my co-workers would eat lunch, I asked them about it and was told that management was made aware of it and did nothing. I decided to inform management myself, considering the untruths I had previously heard from some. I was thanked by the assistant to the woman in accounting who handled the repairs for the building.
I did not think it was a major undertaking by a very successful company to fix this problem, and was surprised at the length of time it was taking to address the situation, so I informed OSHA, Aug. 2003. This is when things started to go further south. Coincidentally, the day after going to the OSHA offices, the next day at work, my supervisor stated to a co-worker, "Vernon went to OSHA." This information was not given to her or any co-worker, by me.
When I went to OSHA, the employee did not give me any type of reference number, or write one in the space provided on the complaint form, nor did she inform me at that time that mold is not OSHA'S jurisdiction, which is what I was told when I went to check on the status of the complaint. Neither, did the employee inform me of laws governing discrimination.
I was also told - it not being OSHA'S jurisdiction - the complaint was referred to the Department of Health. It was like pulling teeth to get an answer as to what office at the DOH it was referred to. Needless to say I could not inquire about the possible disposition of the complaint, not knowing where to inquire.
I made a complaint to the EEOC, Jan. 2004, and the Hawaii Civil Rights Commission, Apr 2004, both of which were dismissed without any investigation, each agency sat back and waited for the submission of the company's response. Incidentally, I was contacted by the director of the EEOC, asking me if I wanted to proceed, after I was shown a copyof the company's response, which I don't believe is proper.
I now see in the EEOC's and the HCRC's own publications, matters such as mine that were investigated and even adjudicated. During the HCRC's lack of investigation, I only heard from them at the intake and when I received their letter of dismissal.
I now find the investigator did business with my former employer.
I furnished the EEOC and the HCRC with names of co-workers who said they would speak for me. They were not interviewed. I was informed by an investigator at the EEOC that no one visited the site.
This situation has been surrounded by complicity, cronyism, and bias.
I have written to the DOJ, only to have my information shuffled from one agency to another, including the Department of the Interior, and finally coming full circle to the Hawaii Department of Labor. I do not think this was coincidence. At the HCRC, there is a commission member with the same name as the owners of my former employer's business, one Coral Wong Pietsch.
At the Hawaii Civil Rights Commission, and Hawaii Ethics Commission, I find the persons responding to my letter, did business with my former employers and my letter explaining the situation and their reply stating they could do nothing, are the only correspondence I had during their "investigations" or dismissals.
I have sought assistance at the Hawaii State Bar Association, where the lawyers who are members of the Real Property and Financial Services Section, are also affiliated with these other organizations, or directly associated with my former employer, or the firm that represents them - Torkildson, Katz, Fonseca, Heatherington, and Moore.
The Real Property and Financial Services Section includes a lawyer I was assisted by, one Andre Wooten, who at the time told me nothing of his involvement with this organization.
He was suggested to me by church members and NAACP officer Alfonso Braggs. I pull up the staff or the particular board of directors of these organizations and there are last names that are the same and have some relationship, mostly with real estate, and more than a few with ties to California.
Two names in particular are quite suspicious. A Kouchi, at Volunteer Legal Services, which was the last name of the HR assistant at Title Guaranty, Pang which is the name of a front desk worker at the YMCA, who I complained about signing for my mail. It is also the name of an Appeals Officer, at Department of Labor - Security Appeals Referees Office. Hirayama, is the name of the appeal referee and the owner of the restaurant at the YMCA.
I mention the YMCA because in 2002, I had complained about what I believed to be prostitution, facilitated by staff there. And when I informed the supervisor at Title Guaranty, her response was to leave well enough alone, after I informed her that I had, in my opinion, angered some people there.
My subsequent report to the police department was investigated by the police calling the YMCA and asking them if my suspicions were true. I think you can see what position this left me in. In my lay opinion, this was a sloppy and dangerous way to initiate and conclude an investigation.
The complex in Hawaii that houses the Department of Labor, is also where the HIOSH offices and the Hawaii Civil Rights Commission offices are located. This name, Pang, pops up in various places dealing with state government and real estate. I now know these agencies to be straw dogs that do everything but contend with the status quo.
For the most part, the agencies that pretend to help, most notably the NAACP and ACLU, only collect information and then say they can do nothing; I wonder what happens to the information in a state that treats confidential information as a commodity. Incidentally my former employer's representation is one of the largest contributors to Legal Aid Society.
Concerning Volunteer Legal Services of Hawaii, I have recently discovered that one of two lawyers they referred, is an attorney at the law firm representing my former employer, and the other is a realtor in Honolulu, and also licensed to practice in California. And another is the member of a firm with old ties to the Pietsch family. Who were these lawyers going to "help"?
I have applied for many positions since my termination, and have only worked sporadically in spite of my efforts. I have registered with many staffing agencies - Olympia, Hawaii Staffing, Snelling, and Hawaii Temp, CTA Staffing which is now Bishop & Company, Manpower, Kelly, and POI. I have not worked a complete week and have not been contacted at all by some. I registered at Altres in 2004, and was not called in a year's time before I returned. There, I was terminated for "not being pro active".
There is no confidentiality law here, and I believe this also has worked against me. It - confidentiality - has been frequently cited by my former employer's agents and state officials, only to protect theirselves and facilitate their deceptive practices.
I mostly use the public library to use the Internet, i.e. write letters and do research. Needless to say, this is not the most secure environment to do this type of activity. And I have had problems at this library with the computers and the staff.
At the library, I have seen the text change when I am typing, without commands initiated by me. The printer is connected to the computer at the librarians' desk. On one occasion, I was told by a security guard that a librarian had complained about me harassing her because I asked for her name to report her behavior.
After contacting the librarian's office, there is no record or remembrance of this aspect of the report. This tactic of "bait and switch" has been used on more than one occasion, by different entities.
After not being online for 3 days I saw where someone had requested an Army Knowledge Online account in my name, or I should say my screen name. I saw an attorney - John L. Knorek - from the firm representing my former employer enter the philosophy department and ask for a librarian, Kathy, by name.
Yee is the name of the head librarian at the State Library and the name of a former employee of the United States Attorney's Office and HCRC, did training for the Department of Justice, and worked for the Massachusetts Attorney General. I sent most of this same information to Sen. Ted Kennedy's offices in Massachusetts and was told during a telephone conversation with the office that, being on the Judiciary Committee, Sen. Kennedy could not get involved in judicial matters.
Since this is the only avenue I have been given, I have asked the district offices of the DOL to investigate by CASPA, Sept. 2005, and have asked for an investigation for discrimination due to the whistle blower aspect of the matter.
I believe this will be my only chance at a modicum of justice. But I will always believe that more realistically this situation can be defined by, 18 USC 241, 242 and 245.
Hawaii, I now entertain, is a state where the dollar is God, and workers are only a necessary evil to facilitate that gain.
The Director of Labor and Industrial Relations, Nelson Befitel, has unashamedly professed his desire, and that of the state to relieve the department of any obligation to penalize businesses for infractions and, I can see where the natural sequence would be to alleviate any scrutiny that would expose abuse of power by the states employees. It is no wonder; I have experienced what I have. All too often, in the news here, the term "outsider" is given to any entity that would look at what is practiced here. But there is a GOD that sees all and will affect justice for the oppressed.
Sincerely,
Vernon Balmer Jr.
Honolulu, HI
yinsay@aol.com
Excerpt from Letter sent to Mr. Fairfax
November 7, 2005
Richard E. Fairfax, Director
Directorate of Enforcement Programs(DEP)
U.S. Department of Labor
200 Constitution Avenue N.W.
Washington, D.C. 20210
Dear Sir,
Throughout this situation there have been relationships, I have noticed in my opposition, which include professional, academic and familial. It has long been my suspicion that those ensconced in the cronyism here in Hawaii have at each step facilitated the lack of effort in this matter. I am now sure of what I have long suspected. This cover-up goes much further than what happens here in Hawaii.
Sincerely,
Vernon Balmer Jr.
yinsay@aol.com
Honolulu, Hawaii
