Second whistleblower suit filed against Duluth college

DULUTH - A Lake Superior College maintenance worker recently filed a whistleblower suit against the Duluth college, the second this year involving potential contamination by an industrial chemical at its downtown campus.

Vaughn Johnson alleges that his job was threatened and he was removed from a safety committee after making repeated complaints about the potential for hexavalent chromium levels surpassing allowed limits at the campus. He said its air filtration and ventilation systems weren't properly maintained, and adequate protection wasn't given to those working with equipment dealing with contaminants.

The allegations relate to the school's welding program, which can produce toxic fumes. Hexavalent chromium is the cancer-causing pollutant behind the blockbuster case against Pacific Gas and Electric in California in the early 1990s.

Miles Lunak, the college's former dean of business and industry, filed a whistleblower lawsuit against the college in March, claiming he lost his job for raising concerns about hexavalent chromium.

According to court documents, Johnson, who has worked for the college 17 years, reported to college administrators and union representatives what he saw as state and federal safety violations. He alleges his concerns were ignored for months, and led to retaliation by way of a reprimand and an investigation of him for violating a "respectful workplace policy."

The complaint details the results of the investigation, which says Johnson was "demeaning" in safety committee meetings and failed to follow the proper chain of command for reporting safety concerns, after already receiving several updates. Those actions, according to the investigation, damaged the reputation of the college. He was told he if continued reported behaviors and failed to follow direction he could lose his job.

A college spokesman Wednesday said the safety of employees and students "is our top priority."

"Lake Superior College is confident that this case is without merit," David Kline said.

Minnesota State Colleges and Universities is also named in the suit.

Naomi Martin of the Minneapolis firm Newmark Storms Dworak is representing both Johnson and Lunak. She said the cases were "troubling, and highlight the need for safe work environments and protections we have for whistleblowers in Minnesota."

Lunak, the former dean, began working for the college last summer, and spoke with leaders early on about what he also saw as state and federal safety violations. When he allocated money to fix the filtration and ventilation systems, a college vice president, Linda Kingston, shared her "displeasure with the cost," his lawsuit says.

After that, the college began removing some of his responsibilities, including overseeing the school's popular aviation program. In November, Lunak was fired, just four months after starting his role. He stayed on the payroll for another three months per his contract, but he was banned from the campus and told that trespassing charges could be filed if he returned.