- Posted July 7, 2012 by
wichita falls, Texas
This iReport is part of an assignment:
Economy: Are you better off?
(HELP) The Real Help That Texas Resources Are Giving To Hard Working Citizens Such As Myself!
Request Help In Resolving Employment Discrimination, Retaliation And Harassment!!
Company in reference with the above stated is:
Johnson And Ernst Production Company Inc.
808 8th. St. Street # 1200
Wichita Falls, Texas. 76301
• Hello, my name is David Vinson. And I’m writing this out of care and concern and for help in my situation. I feel and am strongly certain that I have been wronged in my place of employment (former place of employment listed above). This is an attempt to bring to the attention of the proper authorities. Texas and the united states has plenty of resources whom to contact if your rights as an employee has been violated or retaliated against under the labor laws code chapter 7 for discrimination and retaliation. However if it so difficult to get through to anybody and when you do its all automated machines! And then when you have been researching it non stop, day and night, it gets to feel confusing and disoriented and impatient. I feel that I have tried to contact everybody and organization I can to get through for help, I have written and contacted OSHA, EEOC, TWC, I tried calling the TDOHR, TDL, TDOHS. And it feels that im not getting anywhere. OSHA did in fact set up a date in which to come and investigate the place of former employment and conducted an investigation. But this was over a week ago and still no word has been heard from them so far. So im going to state the nature of my problems give an understanding as to my situation that has occurred and has violated my rights as an employee.
• I had started working for Johnson And Ernst Operating Co. On Dec 12, 2011. I had been there for right at 6 months when I had to leave location and quit due to being violated of my rights and conditions got to where I didn’t even feel comfortable to work another minute.
• Last April, a local man from Electra working for another local Operating Co. God rest his soul, was killed from being struck by lightning out at work by fixing a breaker box. This caused great concerns throughout the company and other local operating companies. We have a monthly safety meeting at Johnson And Ernst on the first Wensday of the month. Gregg Johnson, the company owner, is normally the one who conducts these meetings. He stated that if we need anything, go get it, if we got too hot, take a breather and a water break, if its raining, don’t work in the rain, if its lightning, don’t work in the lightning! Cause as you know the equipment and wells and everything is iron, metal, aluminum its all steel and metal. The rig pole extend up going nearly 100 ft high. Who in there right mind would want to be out in these conditions working?
• On June 12, 2012, My Operator Dean Murrell and I was parked at location in grayback, Texas. Its was about 9:15am and we was in the truck waiting for it to stop raining and lightning. Or to see if it would just go past us. Anyways our Toolpusher Weldon had pulled up in his truck beside us and asked..” why aren’t yall working”? My Operator then replies that its raing and lightning all around us, were just waiting to see if it keeps on or stops and if not, were going to the doghouse. Weldon states that he want us to rig up on the well and begin servicing it for a rod part. I then tell Weldon that I didn’t feel comfortable serving on that well or rigging up the rig or poles while it was raining or lightning that it wasn’t safe to do. He tells me that Id better watch because I was on thin ice already. I asked him, what do you mean by that? He says well, lets see and pulls out his notepad…Look like you already call in about 5 times this year and left early a few times also. I said so are you threatning me because I don’t want to help rig up the rig poles while its raing and lightning? He smirks and say you wont be here much longer and says to Dean for us to get to work while he drives off. Dean starts to get out of the truck and I asked what are you doing? He says well, you heard him. I said not you also heard Gregg and know that we aren’t suppose to be working in these conditions. Please note that in order to rig up and begin maintnacing you have to climb on the rig that’s about 5 foot. Not to high. But you also have to climb on a well that’s about 10-15 foot high. And you have to do this with no kind off fall protection. Or safety straps. Also we would have been required to flip that exact same kind of breaker box a couple times to turn the well on and off in the rain without any type of gloves made for electricity. I grabbed the cell phone and said that I was going to call Gregg Johnson that surely this cant be right of Weldon trying to make us work like this in these conditions. So I called Gregg Johnson and explained to him what was going on. And he tells me that he finds it kind of hard to believe that Weldon really expects or wants us to work in these conditions. I tell him well its true and happening right now! And he says that if its tru then he understands the safety and hazards that are taking place and he didn’t advise for anybody to be out on location working in the rain or lightning. Plus with the storm that was about to move over and everything else. He said however, he wasn’t the one who handles employee complaints or the one who handles these type of situations. And said that Randy Johnson would be the one to talk to in this case. I said well Gregg, I called you first because Rany is hardly ever at the safety meetings and you’re the one who conducts it and tells us what we should and shouldn’t do. And how none of the supervisors and owners are on the same page. He said that I understand that David but im telling you that im not the one who handles this, I strongly advise you to calkl Randy Johnson and tell him the same thing that your telling me and im sure he’ll fix it. I said okay. I called Randy Johnson and told him the story and told him I already called Gregg and he told me to call him. Randy then gets to sounding irritated and tells me that he is sick and tired of everybody calling him with these problems and complaints and that’s why he has operaters and toolpushers to call them. I said well Randy, Deans my Operator and hes right here and its Weldon whos telling us to do this. He says David im not going to play these games with you, listen and do as Weldon says or quit and go home and that he really didn’t even care anymore he’s just tired of always getting phone calls with problems. He said I know you just got married and have a son on the way and all that and if I thought it was to unsafe to work then just leave. Go home and quit, But if I wanted my job than to just do the work like Weldon said. I said your right Randy I do need my job, my wife is 9 months pregnant and I don’t want to quit and go home but I don’t not want to not go home either if something was to happen…He said then do as im told.. I went on ahead and did as I was told even though I didn’t feel comfortable in doing so. I said that I was going to call somebody on a higher level because this couldn’t be right for them to do this and act this way. Dean tells me well, welcome to Johnson and Ernst.
• I had called and left a message with OSHA later that night when I got home.
• June 15, Friday, I went to work as usual and mid-day, Weldon instructed me and Dean to park the rig at the yard and we did. Didn’t say why. Later around 300pm Randy comes and spoke to Dean in private and then left without saying anything to me. Dean tells me that he cant discuss what he had said. Weldon shows up shortly after and waits with us for time to go home. I tried to approach Weldon with my hand out and apologize with my hand out if he was mad for me calling Randy and Gregg. He looks at me and doesn’t shake my hand and says well, you really caused a ruccuss. And the he walked off and left. Friday after work I again called OSHA and left another message.
• On Monday 6-18-2012, we was told to wait for Weldon at the yard before going to work that he had to speak with us. He pulls up and says Dean going to roustabout and me and the other rig hand chase who just go back from his vactation, was waiting for Bill, another rig operator to come and we was going to work with him for a while. And Weldon then states that everybody can thank me for all the changes that was taking place. For trying to go over his head and calling Randy. I said Weldon you cant put this on me like that…He said that again…Im not going to be here much longer anyways and walked off. Me and Chase Maldanado was told that wed be transferred to the Electra side to work with Bill for a while to re learn how to do our jobs. And that we didn’t know how to take orders and listen. Randy told us that hes sorry that Dean was being demoted and we was to work with bill to be taught how a real Operator is and handles his hands and that hed be good for us.
• After work on Monday I was finally called back from OSHA to make my report. And I did.
• Tuesday June 19, 2012, I went to the Electra wearhouse where I was waiting for Bill. And Another rig Operator was there and said he was short handed and needed a hand. I agreed and went with him as I was told to do. Tim had always seemed pretty nice but I had never worked with him before on a rig. At the location I was on the rod rack and tim was talking to a pumper about everything going on. And kept making comments that I didn’t know how to do my job right or anything. And this and that. I tell Tim lets just do our job and go home with a smooth day that I was there to help him out and not to be criticized and told I didn’t know what I was doing after I had already been there 6 months. He said no, you’re here to get these rods out of the ground and do as im told and learn how to do that. And just wait till I work with bill that hell teach me a lesson. And Tim started to go fast with the blocks and elevators going up and down. And I felt uncomfortable again for him going so fast and I didn’t have a hard hat. Even with one if it swinged out and got me it would have probably killed me anyways. So I just left. I started walking about 8 miles till somebody picked me up that I worked with.
• On June 27, 2012 OSHA went out and conducted investigation.
• July 4, 2012 Still waiting for a response from somebody for help in this matter.
• Like I said before, My son was just born last week, im just got married 6 months ago. I needed my job and and couldn’t afford to quit my job or just leave for no reason. You know? So im trying to reach out to everybody I can for help in this matter. I have never been wronged from an employer like this before and never really knew how many people have been victims of this same situations. I feel strongly that I was transferred and being punished for speaking up about a health and safety issue and made a report of it because nothing was done about it and it could’ve been life threatning and I was retaliated against and discriminated against!
Thank you for your help in this matter