Plaintiffs are brothers and were both employed by defendant prior to November 1991. In addition to his responsibilities as a heavy equipment operator and carpenter, plaintiff Mark W. Heinitz (hereinafter Heinitz) served as defendant's designated "Competent Person for Safety". Alleging defendant's discriminatory action in retaliation for Heinitz's efforts to enforce the standards of the Occupational Safety and Health Act (29 USC ch 15) on the...
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