The Law Office of Douglas E. McKinley, Jr. has filed a class action lawsuit in the United States Court of Federal Claims. A copy of the lawsuit my be found Here
The lawsuit is related to the following events:
On October 1, 1996, the prime contract for the management of the Hanford site was terminated and transferred by the United States Department of Energy from the incumbent contractors Westinghouse Hanford Company and its integrated subcontractors Boeing Computer Services, Richland (BCSR) and Kaiser Engineering Hanford (KEH) to the successor contractor Fluor Daniel Hanford, Inc. (FDH) and its team of integrated subcontractors, collectively called the Project Hanford Management Contract (PHMC).
Subsequent the transfer, the employees of BCSR, and some employees of WHC and KEH, were transferred to Lockheed Martin Services, Inc. (LMSI),a so-called Enterprise Company that was a subcontractor to FDH.
As a result of the termination and transfer of these employees from BCSR, WHC and KEH to LMSI, retirement medical benefits, retirement death benefits, and retirement compensation, including the formula used to calculate pension service for these employees, were altered, such that the benefits for these incumbent employees were ultimately frozen regarding pension service, and eliminated in regards to medical and death benefits.
The lawsuit seeks compensation for these employees, who constitute the Class, for this reduction in benefits.
Accordingly, the Class is defined as any person who was transferred from Boeing Computer Services, Richland (BCSR), Westinghouse Hanford Company (WHC) or Kaiser Engineering Hanford (KEH) to Lockheed Martin Services, Inc. (LMSI), a so-called Enterprise Company that was a subcontractor to Fluor Daniel Hanford, Inc. (Fluor) between October and December of 1996 and who have made a claim for their retirement benefits in the six years preceding the initiation of this action, or who have the right to make a claim for their retirement benefits at any point in the future.
Under the rules of the United States Court of Federal Claims, any person who wants to be included in the lawsuit as a member of the Class must affirmatively "opt-in" to the lawsuit. If they do not "opt-in", they will not recover anything, even if the lawsuit is successful.
To "opt-in" to the lawsuit, interested persons should complete and sign a Legal Representation Agreement between themselves and the Law Office of Douglas E. McKinley, Jr. (the Agreement). A copy of the Agreement may be found Here. To be included in the lawsuit, fill out the Agreement completely, sign it, and return it by regular mail to this address:
Attn: DOE-LMSI Class Action
Law Office of Douglas E. McKinley, Jr.
PO Box 202
Richland, WA 99352
Once we have recieved your completed signed Agreement, we will contact you by telephone to confirm your participation in the lawsuit.
If you have questions about the lawsuit or the Agreement, Peter Turping, your former co-worker and one of the lead plaintiffs in the case, has agreed to act as a liason between the class members and the Law Office of Douglas E. McKinley, Jr. If you have general questions about the lawsuit or how to fill out the Agreement, please contact Mr. Turping, who may be reached at (509) 308-1547 or by email at pturping at charter.net
If you have questions that Mr. Turping cannot answer, please direct them to me, Doug McKinley, at (509) 628-0809 or doug at mckinleylaw.com
Tri-City Herald Article about the lawsuit.
Government's second motion to dismiss