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Tag Archives: MSPB

Federal Employee Whistleblowers Denied Due Process

Posted in Government Whistleblowers
Army Corp of Engineers whistleblower Dr. Toni Savage.Washington Post reports: Trump’s lack of appointments creating intolerable backlog of cases. Washington, D.C. November 22, 2017. For years, whistleblowers have complained about the political nature of the Merit System Protections Board.  Federal employees cannot have their whistleblower cases heard in federal district court, but instead must go before the MSPB, which is appointed by the President.… Continue Reading

FBI Whistleblowers Ask Federal Circuit to Uphold Whistleblower Protections for FBI Employees

Posted in FBI Whistleblowers
October 12, 2016. Washington, D.C. Monday, the National Whistleblower Center and FBI whistleblowers Fred Whitehurst, Jane Turner, Mike German and Robert Kobus (Amici) filed an amicus curiae brief in a case before the Court of Appeals for the Federal Circuit. The brief was filed in Parkinson v. Department of Justice in support of John C. Parkinson, a former FBI special… Continue Reading

MSPB Urged to Retroactively Apply WEPA

Posted in Government Whistleblowers
Today the National Whistleblower Center filed an Amicus Curiae brief with the Merit Systems Protection Board (MSPB), in the case of Day v. Department of Homeland Security. At issue is whether the new definition of a protected disclosure set forth in the Whistleblower Protection Enhancement Act will apply to cases pending and/or which arose before that law was passed.… Continue Reading

NWC and No FEAR Coalition Announce Endorsement of Whistleblower Protection Enhancement Act

Posted in Government Whistleblowers
Today, the National Whistleblowers Center and the No FEAR Coalition announced their support for the immediate passage of the Whistleblower Protection Enhancement Act (WPEA) for federal employee whistleblowers. The decision to support the Senate version (S. 743) of the WPEA came after the Senate removed a final poison pill from the bill.… Continue Reading

MSPB holds it can address due process in security clearance cases

Posted in National Security
In two landmark decisions last week, the federal Merit System Protection Board (MSPB) held that it does have the authority to enforce the procedural protections for federal employees who suffer adverse employment actions as a result of issues with their security clearances.  The MSPB recognizes that it does not have authority to review the security determinations themselves, respecting the Supreme… Continue Reading

Washington Post’s Joe Davidson asks federal managers to respect whistleblowers

Posted in Government Whistleblowers
The commissioned corps of the Public Health Service (PHS) and the National Oceanic and Atmospheric Administration (NOAA) work on the cutting edge of federal research and policy on diseases, medical devices, public health, global warming and our environment. Yet, they fall into an exclusion from the Civil Service Reform Act (CSRA) that denies them any of the protections of the… Continue Reading

MSPB Approves Stay for FDA Whistleblower

Posted in Healthcare
The Merit Systems Protection Board (MSPB) recently allowed a stay in the termination of a Food and Drug Administration (FDA) whistleblower, Paul T. Hardy. The Office of Special Counsel (OSC) requested the stay on his behalf due to reasonable belief that Mr. Hardy’s recent termination from the FDA constituted a violation of the Whistleblowers Protection Act (WPA). According to the… Continue Reading

Special Counsel moves to protect two whistleblowers

Posted in Government Whistleblowers, Healthcare
Special Counsel Carolyn Lerner (pictured) announced today that she filed requests yesterday on behalf of two federal whistleblowers to protect them from adverse personnel actions. She filed the requests with the Merit System Protection Board (MSPB) in support of Paul T. Hardy, a Regulatory Review Officer for the U.S. Public Health Service (USPHS), and Franz Gayl, a high-level civilian science… Continue Reading

Teresa Chambers wins reinstatement from MSPB

Posted in National Security
In 2003, Teresa Chambers was Chief of the U.S. Park Police. She spoke to a Washington Post reporter and expressed her concerns about the lack of resources to protect U.S. parks. Her supervisors were upset and ordered her not to speak to the media without pre-clearance for her remarks. They placed her on administrative leave and then fired her. They… Continue Reading

MSPB reports on the federal whistleblower predicament

Posted in Government Whistleblowers
This week, the federal Merit System Protection Board (MSPB) released a report to President Obama. The report reviews hurdles federal employees have to jump before they can win a case of whistleblower retaliation. It is called Whistleblower Protections for Federal Employees. In the cover letter to President Obama dated September 2010, MSPB Chair Susan Tsui Grundmann states: This report spells… Continue Reading

OSC report due for immigration official protected by MSPB stay

Posted in National Security
Maria Aran is the chief of staff for the Miami district of the US Citizenship and Immigration Services (USCIS), a part of the Department of Homeland Security. When she discovered that a sub-office had mishandled hundreds of sensitive documents, she made a report for the agency’s security office. When she sent that report, she inadvertently also sent it to 300… Continue Reading

In “Charging WikiLeaks,” Washington Post misses a better alternative

Posted in National Security
In yesterday’s Washington Post, an editorial called "Charging WikiLeaks" urges the Obama administration to refrain from pressing criminal charges against WikiLeaks leaders for releasing classified State Department cables. "Media outlets do not have a legal duty to abide by the government’s secrecy demands," the editorial declares. What should the government do? At the end of the editorial, the Post editors… Continue Reading

SEC settles with whistleblower Aguirre for $755,000

Posted in Government Whistleblowers
The New York Times reports that the Securities and Exchange Commission (SEC) has agreed to pay $755,000 to settle a whistleblower claim by its former attorney Gary Aguirre. Aguirre had been investigating insider trading by Pequot Capital Management and its co-founder, Arthur Samberg. In 2005, Aguirre disclosed that his superiors blocked him from interviewing Samberg’s friend, John Mack. Those superiors… Continue Reading

MSPB Fails to Protect Robert MacLean

Posted in Government Whistleblowers, National Security
An administrative judge at the Merit Systems Protection Board (MSPB) upheld the illegal termination of former federal air marshal Robert MacLean. Mr. MacLean blew the whistle on the Department of Homeland Security's Transportation Security Agency's (TSA) plan to improperly remove U.S. air marshals from long distance flights during a heightened terrorist alert. The TSA subsequently fired Mr. MacLean in flagrant violation of the Whistleblower Protection Act (WPA). To justify the decision to terminate Mr. MacLean, TSA retroactively labeled his disclosure as Sensitive Security Information. Ever since he was terminated, Mr. MacLean has been fighting for his reinstatement.… Continue Reading

Robert MacLean testifies at MSPB hearing

Posted in National Security
Robert MacLean is the former U.S. Air Marshal who blew the whistle on a Bush Administration budget plan to shut down the Air Marshal program — just as a terror alert went out. His public hearing before the Merit System Protection Board (MSPB) started November 5, 2009, and was open to the public. This historic national security whistleblower finally had… Continue Reading

Confirmation hearing tomorrow for MSPB nominees

Posted in Government Whistleblowers
The Senate’s Oversight of Government Management Subcommittee (part of the Homeland Security and Governmental Affairs Committee) will hold a confirmation hearing for two members of the Merit Systems Protection Board (MSPB) on Tuesday, October 20, 2009, starting at 2:30 pm Eastern time. The hearing will be in Room 342 of the Dirksen Senate Office Building and broadcast on the internet.… Continue Reading

Federal water agency fires top lawyer for whistleblowing

Posted in Government Whistleblowers
Public Employees for Environmental Responsibility (PEER) reports that it has filed briefs for Robert McCarthy, the former General Counsel for the United States Section, International Boundary and Water Commission (USIBWC).  PEER says that USIBWC fired McCarthy on July 31, 2009 — three days after McCarthy disclosed his reports of waste, fraud and abuse by USIBWC.  McCarthy claims  that USIBWC planned… Continue Reading

Another Example of Why Court Access for All Federal Employees is Essential for Meaningful Whistleblower Protection

Posted in National Security
On Monday, the Merit Systems Protection Board (MSPB) issued a decision once again denying whistleblower protection to a courageous federal employee.  In July 2003, U.S. Federal Air Marshal Robert MacLean blew the whistle on the Transportation Security Administration’s (TSA) plans to remove air marshals from long distance flights during the height of a terrorist alert in order to save money. … Continue Reading

New TSA Whistleblower Rights are Illusory

Posted in Government Whistleblowers, National Security
Congress must enact real whistleblower protections The Transportation Security Administration (TSA) announced today that it has entered into agreements with the Merit Systems Protection Board (MSPB) and Office of Special Counsel (OSC) to permit TSA employees to appeal whistleblower complaints to the MSPB. These so-called “enhanced” whistleblower protections for TSA employees are completely illusory and ineffective.  These new TSA procedures… Continue Reading