The Dallas Post
Dallas, PA Thursday, February 7, 2002 3
Prison must find
common ground with
employee or face suit
By STEVEN A. MORELLI
Q- Special to The Dallas Post
- JACKSON TWP. — A federal
fact-finder ruled the State Cor-
rectional Institution at Dallas vi-
olated an employee's rights by
forcing him to work in cigarette
smoke even though he has a po-
tentially fatal lung ailment con-
tracted at the prison.
“(The prison) failed to enforce
its non-smoking policy and ad-
minister meaningful discipline
to employees who violated the
policy,” wrote Marie M. Tomas-
so, director of the federal Equal
Employment Opportunity Com-
mission’s Philadelphia district.
~The prison also failed to reas-
sign the kitchen worker, William
O'Rourke, to a smoke-free area
When he contracted desquama-
itive interstitial pneumonitis, a
@iung disease that becomes fatal
aid
:
i
®.
with prolonged cigarette smoke -
exposure, the decision said.
Tomasso scheduled a concilia-
tion conference for the prison
and O'Rourke to resolve the is-
sue. If an agreement is not
reached, O'Rourke is allowed to
sue the state, perhaps with the
help of the federal government,
David Tomaszewski,
O'Rourke’s lawyer.
O'Rourke, a lifelong nonsmok-
er, won a workers’ compensa-
tion case in 1997 that decided
his work environment at the
prison caused his ailment. The
prison did not appeal that case.
. "He had stopped working in
July 1997 when diminished
lung capacity put him in inten-
sive care. He returned to work in
(@ December 1997, but was as-
signed to an area where he was
: exposed to cigarette smoke, ac-
cording to court findings.
O'Rourke lost lung capacity
jagain and stopped working in
CLARE
r. Kurt Maas. M.]
’ announces
April 2001. Now, 10 percent of
his lungs have died, according
to his doctor, Herbert Patrick of
Hahnemann University Hospital.
O'Rourke has again recovered
enough to return to work, but
he is worried his life will be
threatened in a smoking envi-
ronment, Tomaszewski said.
“The dead part of his lungs
would get bigger,” Tomaszewski
said.
He is scheduled to return to
work on Wednesday.
Kenneth Burnett, prison
spokesman, said the state De-
partment of Corrections man-
dates the kitchen be smoke-free
and the prison is in “compli-
ance.”
“There hasn’t been any smok-
ing there that I'm aware of,”
Burnett said.
He would not comment about
the EEOC determination that
the prison violated O’Rourke’s
rights.
A Jan. 31 conciliation meeting
between O'Rourke and the
prison was postponed at the
prison’s request.
In a separate case, O'Rourke
is awaiting a hearing to decide
how much the prison should
pay him for retaliation against
him after reporting wrongdoing.
The state Supreme Court last
year upheld a ruling that the
prison violated the whistle-blow-
er's law, and ordered the Com-
monwealth Court to assess the
damages.
The decision said prison per-
sonnel started creating a hostile
work environment after
O'Rourke reported the theft of at
least 15,000 pounds of meat.
O'Rourke alleged that inmates
stole sandwiches, traded them
in the prison economy and falsi-
fied records, all with prison
workers’ knowledge.
Maas opens family practice
“the opening of his medical office
Jocated--at 609 Main Rd, (across. from. Offset Paperback) effective
ebay]. 9m mn
Dr. Maas will be Aseisiod in his practice by Amanda Bobin, RN of
Ir alls.
| Office hours are by appointment and can be made by calling 675-
8730.
PROPERTY TRANSFERS
The following property trans-
es were recorded at the Luzerne
‘County Courthouse the week of
gJanuary 25-31, 2002.
i
. John Shannon per sheriff to
Federal Nat'l Mtg., 160 Jackson
St., Dallas Borough, $3,522.
i Charles Bufalino III to Molly
Sheridan et al, Hillside Condo,
Dallas Borough, $116,000.
| Barry Mitchell e tux to Jeffrey
Zaykowski, Applewood
Manor, Dallas Twp., $252,000.
{ "Janine M. Snyder to John Ric-
cetti et al, Lot 7C Goss Manor,
Pallas Twp., $87,500.
; Bruno F. Killias to Gerard Mi-
shalick €t ux, 539. Deer Hill Rd.,
Jackson Twp., $242,500.
. Dale Realty LTD to Joseph D.
Dalkiewicz, Lot 12 Sutton
Farms, Jackson Twp., $20,000.
. ‘Michael Toman per sheriff to
® Chase Manhattan Bank, 46B
kb)
a i ae
Atherholt Dr., Kingston Twp.,
81, 954.
"John Smith per sheriff to
Bonkers Trust Co., 50 Perrin St.,
fingston Twp., $3,549.
# RN. Fitch &Sons, Inc. to
Deerfield By Hallmark, Inc., Lot
"39 Deer Meadow Est., Dallas
§ Borough, $47,995.
@ Wayne Elston et ux to Michael
Woosman et ux, 5.00 acres, Dal-
las Twp., $136,000.
! Dominic Fino et ux to Dominic
P. Fino Jr. et ux, see deed, Dal-
las Twp., $169,000.
‘ David N. Speranza to Kent
Rothenberger et ux, Unit 1A Hill-
side
Condo, Twp.,
$112,000.
. Robert G. Nave et ux to Aaron
Wade Anselmo et ux, Lot 127
ldlewood Dr., Dallas Twp,
$162,000.
Linda Toma et al to Christian
i €. Hampel, 83 Hildonia Ave.,
Dallas Twp., $130,000.
Dallas
. ¢ Richard J. Racusin et ux to
Joseph J. Sabatini et ux, Lot 42,
Sutton Hills, Jackson Twp.,
$130,000.
i Cendant Mobility Services to
Darren G. Archer et ux, Lot 59
Sunrise Estate, Kingston twp.,
$220,000.
===Harry R. Carey et ux to Nola S.
Holland, L134 Midway Manor,
Kingston twp., $125,000.
John Bosak et ux to Christine
G. Calabrese, Lot 11 Hillcrest
View, Kingston Twp., $96,000.
Margaret R. James estate to
Timothy - A. Sayer, 1 acre,
Lehman Twp., $65,000.
Jack H. Meeks et ux to Jean
M, Miller, 125 Pinecrest Ave.,
Dallas Borough, $127,500.
‘Barry Adelman to Mike Obeid
et ux, Orchard West U403, Dal-
las Borough, $72,000.
Joseph Ryan et ux to Robert
A. Jesse et ux, Lot 3 Burndale
Housing, Dallas Borough,
$133,000.
John A. Consalvo to Joseph R.
Nardone et ux, see deed, Dallas
Borough, $270,000.
Lo-Meadows, Inc. to Jack D.
Moran et ux, see deed,
$281,713.
Marvin Mead agent to James
Rocccograndi et ux, 1.75 acres,
Dallas Twp., $172,500.
Robert Menig et ux to Scott
Harpersberger et ux, 3, 4, 6
Goss Plot, Dallas Twp.,
$115,000.
Alexander Apaliski et ux to
John C. Carminati et ux, see
deed, Harveys Lake Bor.,
$95,500.
David B. Hislop et ux to Susan
Kaufer, see deed, Kingston Twp.,
$135,000.
THE DIETRICH THEATER
60 East Tioga St., Tunkhannock
is pleased to inform you of another
great line-up of INDEPENDENT and
FOREIGN FILMS!
February 1 thru 7th:
BREAD & TULIPS & NOVOCAINE
then
INNOCENCE & GHOST WORLD
These two films, one about age, one about
youth, are being sponsored by the PA
Humanities Council and PA Council of the
Arts. On Friday, Feb. 8th we are pleased to
have a guest lecturer with a discussion about
each film. Light refreshments will be served.
PLEASE CALL 836-1022 or 836-0176
for further details and to be put on our mailing
list. Check our . new website at
www.dietrichtheater.com
ALSO ON VALENTINE’S DAY - Feb. 14, for
one day only -2 & 5 p.m. we will be showing
CASABLANCA! $3.00 per ticket.
t
Meadows to host blood drive
The Meadows Nursing Center, Dallas, will sponsor an American Red Cross blood drive in the center’s
Multi-Purpose Room, first floor, from 1-6 p.m. on Friday, February 22. Community members are invit-
ed to donate at the center. For more information or to schedule an appointment, call 675-8600, ext. 195
or 138.
Shown are Meadows volunteers who will be assisting with the drive from left seated: Helen Mondulick,
Barbara Barakat, Louise Lamoreaux, Irene Transue, Mary Law. Standing: Marilyn Gregorski and Bet-
ty Sorchik, Meadows Volunteer Coordinators; Colleen Phillips, Sr. Regional Representative NEPA
Blood Center; Laurie Popson, Blood Services Coordinator; Lois Keller, Bernie Hill; Donna McCall
and Bob Law.
Legal battle
(continued from page 1)
Judge Conahan dismissed
Cavanaugh Electrical from the
suit this week as having no
standing, leaving Marx as the
only plaintiff in the suit, but the
attorneys for the school district
have asked that Marx's com-
plaint be dismissed also.
Attorneys for the plaintiffs are
saying that Main Electric was
not the “lowest responsible bid-
der” because of issues sur-
rounding its bonding. Main
Electric switched bonding com-
panies in November from
Harleysville Insurance to AC-
STAR Insurance Co.
Five school board members
voted to pass the action to hire
Attorney Albert, with Charles
Balavage abstaining because
Cavanaugh Electrical once em-
ployed him. Lois Kopcha and
Joseph Kapitula voted no on the
motion. Kopcha said she had a
problem with the way the hiring
was done and that it was in vio-
lation of Section 508 of the
School Board Code. = Michelle
Coombs was not in attendance.
“They are Philadelphia lawyers. They are
sharp guys, these guys.”
Atty. Peter Savage
Lake-Lehman solicitor |
In other business, the school
board voted to appoint David
Gambal of Pocono Lake as In-
door Percussion Director and
John Taggart of Hanover Town-
ship as Indoor Colorguard Di-
rector, effective immediately.
The two new band directors
have been serving as volunteer
coaches for the last five or six
years. The new positions were
created by the board, at the re-
quest of the band members and
sponsors, to circumvent the dis-
trict’s liability issues and enable
the concert band to practice for
competitions once again.
Visitors” comments after “the
meeting included discussions
on the contract negotiations be-
tween the teachers’ union,
Lake-Lehman Education Associ-
ation (LLEA), and the school
district that started in January.
Several audience members ex-
pressed dismay concerning the
secrecy of the negotiations and
asked when they could know
what the union was asking for.
“Negotiations are ongoing. We
are prohibited from giving out
that information,” Superinten-
dent Robert Roberts explained.
“If we did that without the con-
sent of the other party we would
be subject to unfair labor prac-
tices.”
Fritz Chamberlain, a district...
resident, remarked, “That's tax-
ation without" “representation,”
reflecting ‘the opinion of many
audience members. The board
agreed to consider asking the
union to disclose details of the
negotiations.
Film series to begin
at restored
Dietrich Theater
The Dietrich Theater in
Tunkhannock will begin show-
ing a series of foreign and inde-
pendent films at least one week
a month in the Murray theater
at the Dietrich. Starting Febru-
ary 8, these films are supported
by the Humanities-and-the-
Arts Initiative, sponsored by
the Pennsylvania Humanities
Council on the Arts, a state
agency funded by the Common-
wealth of Pennsylvania and the
National Endowment for the
Arts. :
On February 8, the Dietrich
will show the British film, “In-
nocence,” a story Roger Ebert
wrote about in his Sept. 7 re-
view. “Here is the most pas-
sionate and tender love story in
many years, so touching be-
cause it is not about a story,
not about stars, not about a
plot, not about sex, not about
nudity, but about love itself.
True, timeless love itself.” The
story of two lovers who meet
again after 50 years apart, “it is
a grand and uplifting tale of
people well up in years who
take the risks necessary to
break out of lives gone ordinary
to reach a higher plane of feel-
ings and awareness.”
“Innocence” will be shown at
7:15 Friday and Saturday
night. For other times please
check listings or call 836-1022.
There will be a reception with
light refreshments at 6 p.m.
There will be a discussion pre-
ceding and following the film on
Friday night by Dr. Phillip
Mosley of Penn State Universi-
ty. Seating is limited; please
call 836-0176 to reserve a
place.
The second film to be shown
' the week of Feb. 8 is “Ghost
World,” an adult film about a
teenager. Lonely, ironic, shock-
ing, Enid walks through life as
a sardonic observer. This is a
risky movie that, for all its
darkness, never loses its sense
of humor with a happy ending
of sorts. For indie buffs, this is
a small gem that shouldn't be
missed.
In. the months to come, the
Dietrich will show many inde-
pendent and foreign films, in-
cluding "Kandahar, Lantana,
Italian for Beginners, Beijing
Bicycle, Monster's Ball, Waking
Life and many others. Films
and dates will be announced as
they are confirmed.
g Help our readers deal with
new financial realities
Our readers live in the communities with the
highest incomes and most assets in all of
Northeastern Pennsylvania.
They talk a lot about money, investments and
taxes. Wouldn't you like to talk to them?
You can, in our annual Per$onal Finance
tabloid size special section, to be published March
7 in The Dallas Post and The Abington Journal
and March 10 in the Sunday Dispatch.
You know our readers, because some of
them are already your customers. But many
of them aren't, or they have new money
to invest, and are open to new ideas.
Sure, they watch CNBC and read the
dailies, but they have a much closer
relationship with their community
and the March 10 issue of the Sunday :
Reserve your space by Friday, February 22 and get spot color free!
newspaper.
And here's the best part - if you advertise, you can
also give them ideas in an article written by . .
~ you! Advertisers who take a 1/2 page or full-page
~ ad - at special rates - can submit a 1/2 page size
= article (with photo) that will appear in the section.
. And we'll work with you to see that each article is
unique.
PerSonal Finance
Tabloid Size section (5 col. by 13") will appear in the March 7, 2002 issue of
The Dallas Post ..« The Abington Journal
Ad deadline for all papers: Friday, March 1
Article deadline for all papers: Tuesday, February 26
Call your account executive:
Post - 675-5211, Journal - 587-1148, Dispatch - 655-1418
Editorial content can cover IRA's, taxes,
saving for college, bonds, real estate,
mortgages, insurance, annuities and the
whole range of financial instruments.
So, reach your best potential
"customers, just the way you want, just
where they have the most time to absorb
your message . . at home.
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