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AFGE NHSC Fair Practices Coordinator’s In the Know

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					                                                   AFGE NHSC
                                   Fair Practices Coordinator’s
                                                  In the Know
                                            http://elect.8m.com/CouncilEEO.html
                                            http://www.nhsc117.org/pages/6/index.htm
                          March 2006        CouncilEEO@aol.com
                                                                                          Vol. 2 No.3
                                            Tel: (786)419-4876 ; Fax: (786)419-4877

Prohibited Personnel Practices,                             (1) Discrimination. Discriminate
5 USC 2302(b) and Article 11 of                             for or against any
our Collective Bargaining                                   employee or applicant for
                                                            employment -
Agreement
                                                                   (a) On the basis of race,
By Bridgette Rodriguez, CFP Coordinator
                                                                   color, religion, sex, or
(IMPORTANT NOTE: In order to open the                              national origin, as
blue hyperlinks within this document, you                          prohibited under Section
must hit the Ctrl button and left-click on your                    717 of the Civil Rights Act
mouse. It will then lead you to the applicable
                                                                   of 1964;
internet webpage.)

What is a “prohibited personnel practice”                          (b) On the basis of age, as
(PPP), you ask? Let’s look to Article 11                           prohibited under Sections
of our current Collective Bargaining                               12 and 15 of the Age
Agreement, cut and pasted below, for                               Discrimination in
further guidance.                                                  Employment Act of 1967;

ARTICLE 11 - Protecting Against                                    (c) On the basis of sex, as
Prohibited Personnel Practices                                     prohibited under Section
                                                                   6(d) of the Fair Labor
A. Definitions.                                                    Standards Act of 1938;

       (1) Prohibited Personnel                                    (d) On the basis of
       Practice. For the purpose of this                           handicapping condition, as
       Article, "prohibited personnel                              prohibited under Section
       practice" means any action                                  501 of the Rehabilitation
       described in Section B…                                     Act of 1973, as amended;
                                                                   or
…(Section) B. Prohibited Actions. Any
employee of the Service who has                                    (e) On the basis of marital
authority to take, direct others to take,                          status or political affiliation,
recommend, or approve any personnel                                as prohibited under any
action, shall not, with respect to such                            law, rule, or regulation.
authority:
                                                                 (continued on next page)




                                                                                              1
Section B, continued:                          from competition for any position
                                               for the purpose of improving or
      (2) Non-merit Considerations.            injuring the prospects of any other
      Solicit or consider any                  person for employment.
      recommendation or statement,
      oral or written, with respect to any     (6) Unauthorized Preference.
      individual who requests or is            Grant any preference or
      under consideration for any              advantage not authorized by law,
      personnel action unless such             rule, or regulation to any
      recommendation or statement is           employee or applicant for
      based on the personal knowledge          employment (including defining
      or records of the person                 the scope or manner of
      furnishing it and consists of—           competition or the requirements
                                               for any position) for the purpose
             (a) An evaluation of the          of improving or injuring the
             work performance, ability,        prospects of any particular person
             aptitude or general               for employment.
             qualifications of such
             individual; or                    (7) Relatives. Appoint, employ,
                                               promote, advance, or advocate
             (b) An evaluation of the          for appointment, employment,
             character, loyalty, or            promotion, or advancement, in or
             suitability of such               to a civilian position any individual
             individual.                       who is a relative (as defined in
                                               Title 5 of the United States Code)
      (3) Political Activity. Coerce the       of such employee if such position
      political activity of any person         is in the agency in which such
      (including the providing of any          employee is serving as a public
      political contribution or service), or   official (as defined in Title 5 of the
      take any action against any              United States Code) or over
      employee or applicant for                which such employee exercises
      employment as a reprisal for the         jurisdiction or control as such an
      refusal of any person to engage in       official.
      such political activity.

      (4) Obstruct Competition.
      Deceive or willfully obstruct any
      person with respect to such
      person’s right to compete for
      employment.

      (5) Influence Withdrawals.
      Influence any person to withdraw
                                                                                    2
                                                         by Executive Order
                                                         to be kept secret in
           (continued on next page)                      the interest of
                                                         national defense or
                                                         the conduct of
                                                         foreign affairs; or

                                                  (b) Special Counsel /
                                                  Inspector General. A
                                                  disclosure to the Special
Section B, continued:                             Counsel or to the Inspector
                                                  General of an agency or
      (8) Whistleblower Reprisal.                 another employee
      Take or fail to take personnel              designated by the head of
      action with respect to any                  the agency to receive such
      employee or applicant for                   disclosures, of information
      employment as reprisal for—                 which the employee or
                                                  applicant reasonably
             (a) Disclosures. A                   believes evidences—
             disclosure of information by
             an employee or applicant                    (i) A violation of any
             which the employee or                       law, rule, or
             applicant reasonably                        regulation; or
             believes evidences—
                                                         (ii) Mismanagement,
                   (i) A violation of any                a gross waste of
                   law, rule, or                         funds, an abuse of
                   regulation; or                        authority, or a
                                                         substantial and
                   (ii) Mismanagement,                   specific danger to
                   a gross waste of                      public health or
                   funds, an abuse of                    safety.
                   authority, or a
                   substantial and          (9) Appeal Reprisal. Take or fail
                   specific danger to       to take any personnel action
                   public health or         against any employee or applicant
                   safety, if such          for employment as a reprisal for
                   disclosure is not        the exercise of any appeal right
                   specifically             granted by any law, rule, or
                   prohibited by law        regulation.
                   and if such
                   information is not
                   specifically required
                                                                                3
                                                    action violates any law, rule, or
                                                    regulation implementing, or
                                                    directly concerning the merit
                                                    system principles contained in the
                                                    Civil Service Reform Act of 1978.

                                              "Personnel action" used in Section B,
                                              above, means:

                                                    (a) An appointment;

                                                    (b) A promotion;

                                                    (c) An adverse action, disciplinary
                                                    action or other corrective action;

           (continued on next page)                 (d) A detail, transfer, or
                                                    reassignment;

                                                    (e) A reinstatement;
Section B, continued:
                                                    (f) A restoration;
      (10) Outside Conduct.
      Discriminate for or against an                (g) A reemployment;
      employee or applicant for
      employment on the basis of                    (h) A performance evaluation
      conduct which does not adversely              under Chapter 43 of Title 5 of the
      affect the performance of the                 United States Code;
      employee or applicant or the
      performance of others, except                 (i) A decision concerning pay,
      that nothing in this subsection               benefits, or awards, or concerning
      shall prohibit an agency from                 education or training if the
      taking into account in determining            education or training may
      suitability or fitness any conviction         reasonably be expected to lead to
      of the employee or applicant for              an appointment, promotion,
      any crime under the laws of any               performance evaluation, or other
      State, of the District of Columbia,           action described in this
      or of the United States.                      subsection; and

      (11) Violation of Merit System                (j) Any other significant change in
      Principles. Take or fail to take              duties or responsibilities which is
      any other personnel action if the             inconsistent with the employee’s
      taking of or failure to take such             salary or grade level.
                                                                                         4
In general, any DHS NHSC bargaining            statutory appeal/complaint process
unit employee who feels the agency has         would generally be the EEO complaint
committed a prohibited personnel               process found within 29 CFR 1614 .
practice (PPP) against them may timely
raise the matter under EITHER the              As a Local 1458 Steward, back in 1999
negotiated grievance procedure within          and 2000, I filed two OSC PPP
their Collective Bargaining Agreement          complaints for two separate employees
(currently Articles 47 and 45) OR under        (against then-INS) for the agency using
an applicable “statutory” appeal               G-603/G-604 appraisal forms for certain
procedure.                                     vacancy announcements, rather than
                                               requesting the employee’s performance
For prohibited personnel practices,            work appraisal (as required under the
generally, the statutory appeal process        Civil Service reform Act).
first lies with the Office of Special
Counsel (OSC) by the employee filing a         While there are more compelling PPP’s
Prohibited Personnel Practice complaint.       that result in greater harm, I found the
                                               OSC process for these two complaints to
                                               be incredibly slow and the criticism of the
                                               OSC to be justified, at the time. Justice
                                               delayed is often justice denied. However,
                                               our tenacity did pay off, since the OSC
                                               investigation revealed that was a PPP
                                               and the agency (then DHS) settled the
                                               matter. A press release relating to that
                                               particular settlement can be found at:
                                               http://www.osc.gov/documents/press/20
                                               03/pr03_14.htm
        (continued on next page)

However, if the employee has been the
subject of a demotion, reduction in grade
or pay, suspension of 15 days or more,
furlough of 30 days or more, or
separation and the employee believes
this agency action to be a prohibited          If you wish to review some MSPB
personnel practice, the employee may           decisions involving allegations of a
file an appeal with the Merit Systems          prohibited personnel practice, please
Protection Board                               visit:

Further, when a prohibited personnel           http://search.access.gpo.gov/mspb_deci
practice is discrimination based on age,       sions--
color, race, nationality, religion, gender,    all/SearchRight.asp?hidden=&ct=mspb_
disability or reprisal for EEO activity, the   decisions--
                                                                                         5
all&q1=prohibited+personnel+practice&i              Release    Date
                                                                                    Title
mage.x=37&image.y=27                                 No.
                                                                   OSC: Questions Remain on Energy
For OSC press releases relating to PPP              PR06_04 2/3/06 Department Response to Nuclear
complaints, please review the below.                               Facilities Security Deficiencies


Release    Date                                     Other PPP's
                               Title
 No.
               OSC: Questions Remain on             Release      Date
               Energy Department Response to                                          Title
PR06_04 2/3/06                                       No.
               Nuclear Facilities Security
               Deficiencies                                               U.S. Office of Special Counsel
                                                                          Seeks Corrective Action in
                U.S. Office of Special Counsel      PR06_02     1/13/06   Prohibited Personnel Practices
                Seeks Disciplinary Action in                              Case against The Department
PR06_03 1/17/06
                Hatch Act Case against Sheriff of                         of Homeland Security
                Jackson County, Missouri
                                                     Release
                U.S. Office of Special Counsel                    Date    Title
                                                      No.
                Seeks Corrective Action in
PR06_02 1/13/06 Prohibited Personnel Practices                          U.S. Office of Special Counsel
                Case against The Department of      PR05 20    11/28/05 Wins Removal Order In Hatch
                Homeland Security                                       Act Case

                U.S. Office of Special Counsel                          U.S. Office of Special Counsel
PR06_01 1/12/06 Wins Disciplinary Ruling In                             Seeks Disciplinary Action in
                                                    PR05 19    11/15/05
                Hatch Act Case                                          Hatch Act Case Against Mayor
                                                                        of Atlantic City, New Jersey

                                           [Top]                        U.S. Office of Special Counsel
                                                                        Files Petition for Corrective
                                                    PR05 18    11/10/05 Action in USERRA Case
                                                                        Against Army Corps of
                                                                        Engineers
                                                                          FAA Whistleblower Anne
                                                                          Whiteman Receives 2005
                                                                          Special Counsel's Public
                                                                          Servant Award

                                                    PR05 17     10/6/05          Special Counsel
                                                                                  Bloch’s Remarks


          (continued on next page)

                                                                          U.S. Office of Special Counsel
                                                                          seeks Disciplinary Action
                                                    PR05 16     9/8/05
Whistleblowers                                                            against two Federal Employees
                                                                          for violating the Hatch Act


                                                                                                       6
                    U.S. Office of Special Counsel                        Congress Applauds U.S.
                    Reaches Settlement Agreement                          Office of Special Counsel's
PR05 15   8/10/05
                    in USERRA Case with                                   Success on Its Backlog
                    Veterans Affairs Employee
                    U.S. Office of Special Counsel                               OSC Response to
                    Transmits Report of Cover-up      PR05 11   5/19/05
                                                                                  GAO
                    of Operational Errors by FAA
                    Personnel at Dallas Fort Worth
                                                                                 Letter from Congress
                    Airport

                           OSC Analysis of
PR05 14   6/23/05           DOT OIG Report
                                                                          U.S. Office of Special Counsel
                                                                          Transmits Report of
                                                                          Investigation in Response to
                           OSC Transmittal                               Whistleblower's Allegations of
                            Letter to the President                       Safety Concerns at Aberdeen
                                                                          Proving Ground

                                                                                 OSC Analysis of
                                                      PR05 10   5/17/05           Dept. of Army
                    U.S. Office of Special Counsel
                    Transmits Report that FAA
                                                                                  Report
                    Improperly Halted Re-
                    Examinations of Aviation
                                                                                 OSC Transmittal
                    Mechanics with Suspect
                                                                                  Letter to President
                    Certificates

                           OSC Analysis of
PR05 13   6/14/05           DOT’s IG Report
                                                                          U.S. Office of Special Counsel
                                                                          Transmits Report
                                                                          Substantiating Whistleblower's
                           OSC Transmittal                               Allegation of Defective Pipe
                            Letter to the President                       Welds on USS Kitty Hawk

                                                      PR05 09   5/9/05           OSC Analysis of the
                                                                                  Navy Report
                    U.S. Office of Special Counsel
                    Finds Border Patrol Internal
                                                                                 OSC transmittal letter
                    Criminal Probes Deficient
                                                                                  to President
                           OSC Analysis of
PR05 12   5/27/05           DHS Report                                    U.S. Office of Special Counsel
                                                                          Statement Regarding the Cases
                                                      PR05 08   4/26/05
                           OSC Transmittal                               of Special Counsel v. Sims and
                            Letter to the                                 Special Counsel v. Davis

                            President                                     U.S. Office of Special Counsel
                                                      PR05 07   3/23/05
                                                                          Reaches Disciplinary Action

                                                                                                        7
                     Settlement Agreement in            No.
                     Hatch Act Case against
                     Department of Justice Attorney                        U.S. Office of Special Counsel
                                                                           Transmits Report of Investigation
                     U.S. Office of Special Counsel                        in Response to Whistleblower's
                     Reaches Disciplinary Action                           Allegations of Safety Concerns at
                     Settlement Agreement in                               Aberdeen Proving Ground
PR05 06    3/21/05
                     Hatch Act Case Against
                     Former Chief of Staff to D.C.                                OSC Analysis of Dept. of
                                                      PR05 10 5/17/05
                     Mayor
                                                                                   Army Report
                     U.S. Office of Special Counsel
                     seeks Disciplinary Action
PR05 05    3/21/05
                     against Federal Employee for                                 OSC Transmittal Letter
                     Hatch Act Violation                                           to President
                     U.S. Office of Special Counsel
PR05 04    2/22/05   Announces Settlement of TSA
                                                                           U.S. Office of Special Counsel
                     Whistleblower Complaint
                                                                           Transmits Report Substantiating
                     U.S. Office of Special Counsel                        Whistleblower's Allegation of
                     Receives Expanded Authority                           Defective Pipe Welds on USS
                     Under USERRA; Special                                 Kitty Hawk
PR05 03     2/8/05   Counsel Pledges Job
                     Protection for Federal           PR05 09    5/9/05           OSC Analysis of the
                     Employees Who Serve in
                     Military Reserve, Guard                                       Navy Report
                     U.S. Office of Special Counsel
                                                                                  OSC transmittal letter to
                     Seeks Disciplinary Action
                     against Two Federal                                           President
PR05 02    1/25/05
                     Employees for Sending
                     Prohibited Political E-mail
                     Messages while on Duty           All Press Releases
                                                      Release     Date
                     Special Counsel Reduces                                       Title
                                                       No.
                     Agency Backlog and
PR05 01     1/7/05
                     Announces New Initiatives for    PR03 23 12/23/03 U.S. Office of
                     2005                                              Special Counsel
                                                                       Announces
                                                                       Senate
Whistleblowers                                                         Confirmation of
                                                                       Scott J. Bloch to
Release   Date                                                         Head Agency
                                Title
 No.                                                  PR03 22 12/12/03 U.S. Office of
                U.S. Office of Special Counsel                         Special Counsel
PR05 04 2/22/05 Announces Settlement of TSA                            Settles
                Whistleblower Complaint                                Whistleblower
                                                                       Retaliation
                                                                       Complaint Filed
Disclosures                                                            by Department of
                                                                       Veterans Affairs
                                                                       Medical Center
Release   Date                  Title                                  Director
                                                                                                             8
                    U.S. Office of                          Safety Oversight
                    Special Counsel
PR03 21   12/8/03   Announces
                    Launch of E-        PR03 15   7/18/03   U.S. Office of
                    Filing System                           Special Counsel
                                                            Announces
PR03 20   9/25/03   U.S. Office of                          Federal Appeals
                    Special Counsel                         Court Decision
                    Seeks                                   Prohibiting Postal
                    Disciplinary                            Workers from
                    Action in Hatch                         Displaying
                    Act Case against                        Political
                    Department of                           Materials on
                    Defense Senior                          Union Bulletin
                    Executive                               Boards
PR03 19   9/10/03   U.S. Office of      PR03 14   6/26/03   U.S. Office of
                    Special Counsel                         Special Counsel
                    Announces                               Secures
                    MSPB Decision                           Corrective Action
                    Ordering Long                           in Case Involving
                    Term Suspension                         Prohibited
                    of a Federal                            Promotion
                    Employee for a                          Procedures
                    Hatch Act
                    Violation           PR03 12   5/21/03   U.S. Office of
                                                            Special Counsel
PR03 18   9/10/03   U.S. Office of                          Files Petition to
                    Special Counsel                         Enforce Removal
                    Announces                               of D.C. School
                    MSPB Decision                           Teacher for
                    Ordering                                Willful Violation
                    Removal of a                            of The Hatch Act
                    Postal Employee
                    for a Hatch Act                         Special Counsel
                    Violation                               Elaine Kaplan
                                        PR03 11   5/12/03
                                                            Submits Letter of
PR03 17   8/18/03   U.S. Office of                          Resignation
                    Special Counsel
                    Reaches             PR03 10   4/22/03   U.S. Office of
                    Disciplinary                            Special Counsel
                    Action Settlement                       Announces Group
                    in Hatch Act Case                       Settlement of
                    Involving a                             Whistleblower
                    Director of a                           Retaliation
                    Municipal                               Complaints Filed
                    Agency                                  by Former and
                                                            Current
PR03 16   8/1/03    Department of                           Employees of
                    Transportation                          The Bighorn
                    Report Leaves                           National Forest
                    Unanswered
                    Questions           PR03 09   4/7/03    U.S. Office of
                    Regarding FAA                           Special Counsel
                                                                                 9
                    Seeks                                    Resolution of
                    Disciplinary                             Whistleblower
                    Action in Hatch                          Complaint
                    Act Case Against
                                         PR03 03   2/6/03    U.S. Office of
                    New Jersey
                                                             Special Counsel
                    Employee
                                                             Announces
PR03 08   3/31/03   U.S. Office of                           Favorable
                    Special Counsel                          Resolution of
                    Seeks                                    Complaint
                    Disciplinary                             Alleging
                    Action in Hatch                          Obstruction of
                    Act Case Against                         Disabled
                    U.S. Postal                              Veteran’s Right
                    Service Employee                         to Compete for
                                                             Federal
PR03 07   3/18/03   U.S. Office of
                                                             Employment
                    Special Counsel
                    Sends Report         PR03 02   1/29/03   U.S. Office of
                    Confirming Gross                         Special Counsel
                    Mismanagement                            Announces
                    of FAA’s Red                             Suspension of
                    Team, Resulting                          Manager Accused
                    in Substantial and                       of Nepotism at
                    Specific Danger                          SSA Field Office
                    to Public Safety
PR03 06   3/13/03   U.S. Office of       Whistleblowers
                    Special Counsel
                    Transmits Report
                    Substantiating       Release    Date
                                                                   Title
                    Whistleblower’s       No.
                    Allegations of       PR03 22 12/12/03 U.S. Office of
                    Defective                             Special Counsel
                    Welding on U.S.                       Settles
                    Aircraft Carriers’                    Whistleblower
                    Launch and                            Retaliation
                    Recovery                              Complaint Filed
                    Systems                               by Department of
PR03 05   3/13/03   U.S. Office of                        Veterans Affairs
                    Special Counsel                       Medical Center
                    Announces                             Director
                    Selection of         PR03 10   4/22/03   U.S. Office of
                    Kristin Shott As                         Special Counsel
                    Recipient of                             Announces
                    Special Counsel’s                        Group Settlement
                    Public Servant                           of Whistleblower
                    Award                                    Retaliation
PR03 04   3/5/03    U.S. Office of                           Complaints Filed
                    Special Counsel                          by Former and
                    Announces                                Current
                    Favorable                                Employees of
                                                                                10
                     The Bighorn          PR03 20   9/25/03   U.S. Office of
                     National Forest                          Special Counsel
                                                              Seeks
PR03 06    3/13/03   U.S. Office of                           Disciplinary
                     Special Counsel                          Action in Hatch
                     Transmits Report                         Act Case against
                     Substantiating                           Department of
                     Whistleblower’s                          Defense Senior
                     Allegations of                           Executive
                     Defective
                     Welding on U.S.      PR03 19   9/10/03   U.S. Office of
                     Aircraft Carriers’                       Special Counsel
                     Launch and                               Announces
                     Recovery                                 MSPB Decision
                     Systems                                  Ordering Long
                                                              Term Suspension
PR03 05    3/13/03   U.S. Office of                           of a Federal
                     Special Counsel                          Employee for a
                     Announces                                Hatch Act
                     Selection of                             Violation
                     Kristin Shott As
                     Recipient of         PR03 18   9/10/03   U.S. Office of
                     Special Counsel’s                        Special Counsel
                     Public Servant                           Announces
                     Award                                    MSPB Decision
                                                              Ordering
All Press Releases
                                                              Removal of a
Release     Date                                              Postal Employee
                           Title
 No.                                                          for a Hatch Act
PR03 23 12/23/03 U.S. Office of                               Violation
                 Special Counsel          PR03 17   8/18/03   U.S. Office of
                 Announces                                    Special Counsel
                 Senate                                       Reaches
                 Confirmation of                              Disciplinary
                 Scott J. Bloch to                            Action Settlement
                 Head Agency                                  in Hatch Act Case
PR03 22 12/12/03 U.S. Office of                               Involving a
                 Special Counsel                              Director of a
                 Settles                                      Municipal
                 Whistleblower                                Agency
                 Retaliation              PR03 16   8/1/03    Department of
                 Complaint Filed                              Transportation
                 by Department of                             Report Leaves
                 Veterans Affairs                             Unanswered
                 Medical Center                               Questions
                 Director                                     Regarding FAA
                     U.S. Office of                           Safety Oversight
                     Special Counsel      PR03 15   7/18/03   U.S. Office of
PR03 21    12/8/03   Announces                                Special Counsel
                     Launch of E-                             Announces
                     Filing System                            Federal Appeals
                                                                                  11
                    Court Decision       PR03 08   3/31/03   U.S. Office of
                    Prohibiting Postal                       Special Counsel
                    Workers from                             Seeks
                    Displaying                               Disciplinary
                    Political                                Action in Hatch
                    Materials on                             Act Case Against
                    Union Bulletin                           U.S. Postal
                    Boards                                   Service Employee
PR03 14   6/26/03   U.S. Office of       PR03 07   3/18/03   U.S. Office of
                    Special Counsel                          Special Counsel
                    Secures                                  Sends Report
                    Corrective Action                        Confirming Gross
                    in Case Involving                        Mismanagement
                    Prohibited                               of FAA’s Red
                    Promotion                                Team, Resulting
                    Procedures                               in Substantial and
                                                             Specific Danger
PR03 12   5/21/03   U.S. Office of
                                                             to Public Safety
                    Special Counsel
                    Files Petition to    PR03 06   3/13/03   U.S. Office of
                    Enforce Removal                          Special Counsel
                    of D.C. School                           Transmits Report
                    Teacher for                              Substantiating
                    Willful Violation                        Whistleblower’s
                    of The Hatch Act                         Allegations of
                                                             Defective
                    Special Counsel
                                                             Welding on U.S.
                    Elaine Kaplan
PR03 11   5/12/03                                            Aircraft Carriers’
                    Submits Letter of
                                                             Launch and
                    Resignation
                                                             Recovery
PR03 10   4/22/03   U.S. Office of                           Systems
                    Special Counsel
                                         PR03 05   3/13/03   U.S. Office of
                    Announces Group
                                                             Special Counsel
                    Settlement of
                                                             Announces
                    Whistleblower
                                                             Selection of
                    Retaliation
                                                             Kristin Shott As
                    Complaints Filed
                                                             Recipient of
                    by Former and
                                                             Special Counsel’s
                    Current
                                                             Public Servant
                    Employees of
                                                             Award
                    The Bighorn
                    National Forest      PR03 04   3/5/03    U.S. Office of
                                                             Special Counsel
PR03 09   4/7/03    U.S. Office of
                                                             Announces
                    Special Counsel
                                                             Favorable
                    Seeks
                                                             Resolution of
                    Disciplinary
                                                             Whistleblower
                    Action in Hatch
                                                             Complaint
                    Act Case Against
                    New Jersey           PR03 03   2/6/03    U.S. Office of
                    Employee                                 Special Counsel
                                                             Announces
                                                                                  12
                     Favorable                          against
                     Resolution of                      Department of
                     Complaint                          Defense Senior
                     Alleging                           Executive
                     Obstruction of
                                        PR03   9/10/03 U.S. Office of
                     Disabled
                                         19            Special Counsel
                     Veteran’s Right
                                                       Announces
                     to Compete for
                                                       MSPB Decision
                     Federal
                                                       Ordering Long
                     Employment
                                                       Term
PR03 02    1/29/03   U.S. Office of                    Suspension of a
                     Special Counsel                   Federal
                     Announces                         Employee for a
                     Suspension of                     Hatch Act
                     Manager Accused                   Violation
                     of Nepotism at
                                        PR03   9/10/03 U.S. Office of
                     SSA Field Office
                                         18            Special Counsel
All Press Releases                                     Announces
Release    Date                                        MSPB Decision
                         Title                         Ordering
 No.
                                                       Removal of a
 PR03     12/23/03 U.S. Office of                      Postal
  23               Special Counsel                     Employee for a
                   Announces                           Hatch Act
                   Senate                              Violation
                   Confirmation of
                   Scott J. Bloch to    PR03   8/18/03 U.S. Office of
                   Head Agency           17            Special Counsel
                                                       Reaches
 PR03     12/12/03 U.S. Office of                      Disciplinary
  22               Special Counsel                     Action
                   Settles                             Settlement in
                   Whistleblower                       Hatch Act Case
                   Retaliation                         Involving a
                   Complaint Filed                     Director of a
                   by Department                       Municipal
                   of Veterans                         Agency
                   Affairs Medical
                   Center Director      PR03   8/1/03   Department of
                                         16             Transportation
                  U.S. Office of                        Report Leaves
                  Special Counsel                       Unanswered
 PR03
          12/8/03 Announces                             Questions
  21
                  Launch of E-                          Regarding FAA
                  Filing System                         Safety
 PR03     9/25/03 U.S. Office of                        Oversight
  20              Special Counsel       PR03   7/18/03 U.S. Office of
                  Seeks                  15            Special Counsel
                  Disciplinary                         Announces
                  Action in Hatch                      Federal Appeals
                  Act Case                             Court Decision
                                                                         13
                Prohibiting                        Against New
                Postal Workers                     Jersey
                from Displaying                    Employee
                Political
                                   PR03   3/31/03 U.S. Office of
                Materials on
                                    08            Special Counsel
                Union Bulletin
                                                  Seeks
                Boards
                                                  Disciplinary
PR03   6/26/03 U.S. Office of                     Action in Hatch
 14            Special Counsel                    Act Case
               Secures                            Against U.S.
               Corrective                         Postal Service
               Action in Case                     Employee
               Involving
                                   PR03   3/18/03 U.S. Office of
               Prohibited
                                    07            Special Counsel
               Promotion
                                                  Sends Report
               Procedures
                                                  Confirming
PR03   5/21/03 U.S. Office of                     Gross
 12            Special Counsel                    Mismanagement
               Files Petition to                  of FAA’s Red
               Enforce                            Team, Resulting
               Removal of                         in Substantial
               D.C. School                        and Specific
               Teacher for                        Danger to
               Willful                            Public Safety
               Violation of The
                                   PR03   3/13/03 U.S. Office of
               Hatch Act
                                    06            Special Counsel
               Special Counsel                    Transmits
PR03           Elaine Kaplan                      Report
       5/12/03
 11            Submits Letter                     Substantiating
               of Resignation                     Whistleblower’s
                                                  Allegations of
PR03   4/22/03 U.S. Office of
                                                  Defective
 10            Special Counsel
                                                  Welding on
               Announces
                                                  U.S. Aircraft
               Group
                                                  Carriers’
               Settlement of
                                                  Launch and
               Whistleblower
                                                  Recovery
               Retaliation
                                                  Systems
               Complaints
               Filed by Former     PR03   3/13/03 U.S. Office of
               and Current          05            Special Counsel
               Employees of                       Announces
               The Bighorn                        Selection of
               National Forest                    Kristin Shott As
                                                  Recipient of
PR03   4/7/03   U.S. Office of
                                                  Special
 09             Special Counsel
                                                  Counsel’s
                Seeks
                                                  Public Servant
                Disciplinary
                                                  Award
                Action in Hatch
                Act Case
                                                                     14
PR03      3/5/03   U.S. Office of                                 Veterans Affairs
 04                Special Counsel                                Medical Center
                   Announces                                      Director
                   Favorable
                                             PR03 10    4/22/03   U.S. Office of
                   Resolution of
                                                                  Special Counsel
                   Whistleblower
                                                                  Announces
                   Complaint
                                                                  Group Settlement
PR03      2/6/03   U.S. Office of                                 of Whistleblower
 03                Special Counsel                                Retaliation
                   Announces                                      Complaints Filed
                   Favorable                                      by Former and
                   Resolution of                                  Current
                   Complaint                                      Employees of
                   Alleging                                       The Bighorn
                   Obstruction of                                 National Forest
                   Disabled
                                             PR03 06    3/13/03   U.S. Office of
                   Veteran’s Right
                                                                  Special Counsel
                   to Compete for
                                                                  Transmits Report
                   Federal
                                                                  Substantiating
                   Employment
                                                                  Whistleblower’s
PR03      1/29/03 U.S. Office of                                  Allegations of
 02               Special Counsel                                 Defective
                  Announces                                       Welding on U.S.
                  Suspension of                                   Aircraft Carriers’
                  Manager                                         Launch and
                  Accused of                                      Recovery
                  Nepotism at                                     Systems
                  SSA Field
                                             PR03 05    3/13/03   U.S. Office of
                  Office
                                                                  Special Counsel
                                                                  Announces
                                     [Top]                        Selection of
                                                                  Kristin Shott As
                                                                  Recipient of
                                                                  Special Counsel’s
                                                                  Public Servant
                                                                  Award

Whistleblowers                               Other PPP's

Release     Date
                          Title              Release    Date
 No.                                                               Title
                                              No.
PR03 22 12/12/03 U.S. Office of
                                              PR03     6/26/03 U.S. Office
                 Special Counsel
                                               14              of Special
                 Settles
                                                               Counsel
                 Whistleblower
                                                               Secures
                 Retaliation
                                                               Corrective
                 Complaint Filed
                                                               Action in
                 by Department of
                                                               Case
                                                                                       15
                    Involving                         All Press Releases
                    Prohibited                        Release    Date
                    Promotion                                                     Title
                                                       No.
                    Procedures
                                                       PR02     12/19/02 U.S. Office of
 PR03     2/6/03 U.S. Office                            28               Special Counsel
  03             of Special                                              Announces
                 Counsel                                                 Corrective and
                 Announces                                               Disciplinary Action
                 Favorable                                               in Case Alleging
                 Resolution                                              Retaliatory Denial
                 of                                                      of Promotion
                 Complaint
                 Alleging                              PR02     12/16/02 U.S. Office of
                 Obstruction                            27               Special Counsel
                 of Disabled                                             Transmits Report
                 Veteran’s                                               Substantiating
                 Right to                                                Whistleblower’s
                 Compete for                                             Allegations that
                 Federal                                                 Two Supervisory
                 Employment                                              Nurses Mistreated
                                                                         Elderly and
 PR03     1/29/03 U.S. Office                                            Disabled Patients at
  02              of Special                                             the VA Medical
                  Counsel                                                Center in North
                  Announces                                              Little Rock,
                  Suspension                                             Arkansas
                  of Manager
                  Accused of                           PR02     12/2/02 U.S. Office of
                  Nepotism at                           26              Special Counsel
                  SSA Field                                             Announces
                  Office                                                Settlement of
                                                                        Former Navy
                                                                        Employee’s
                                             [Top]                      Whistleblower
                                                                        Complaint
Disclosures                                            PR02     11/7/02 U.S. Office of
                                                        25              Special Counsel
                                                                        Announces Rollout
Release     Date                                                        of Government-
                                  Title
 No.                                                                    Wide Whistleblower
PR03 16    8/1/03    Department of Transportation                       Protection Act
                     Report Leaves Unanswered                           Program
                     Questions Regarding FAA Safety    PR02     10/31/02 U.S. Office of
                     Oversight                          24               Special Counsel
PR03 07 3/18/03 U.S. Office of Special Counsel                           Announces
                Sends Report Confirming Gross                            Favorable
                Mismanagement of FAA’s Red                               Resolution of DeCA
                Team, Resulting in Substantial                           Whistleblower’s
                and Specific Danger to Public                            Complaint
                Safety                                 PR02      9/5/02    U.S. Office of

                                                                                                16
 23            Special Counsel                     Snyder’s Selection
               Awards The U.S.                     as Recipient Of
               Merit Systems                       Special Counsel’s
               Protection Board                    Public Servant
               2302(C)                             Award
               Certification for
                                    PR02   6/24/02 U.S. Office of
               Completion of
                                     17            Special Counsel
               Whistleblower
                                                   Announces
               Education Program
                                                   Settlement of FAA
PR02   8/27/02 U.S. Office of                      Whistleblower’s
 22            Special Counsel                     Complaint
               Seeks Removal of
                                    PR02   6/20/02 U.S. Office of
               Federal Manager,
                                     16            Special Counsel
               Charging Her with
                                                   Transmits Report
               Nepotism And
                                                   Substantiating
               Retaliation
                                                   Whistleblower’s
PR02   7/25/02 U.S. Office of                      Allegations of
 21            Special Counsel                     Violations of The
               Transmits Report                    Anti-Deficiency Act
               Substantiating                      and Other Federal
               Whistleblower’s                     Laws at The
               Allegations of                      National Capital
               Public Health and                   Planning
               Safety Danger in                    Commission,
               Drinking Water at                   Washington, D.C.
               California
                                    PR02   5/31/02 U.S. Office of
               Campground
                                     15            Special Counsel
PR02   7/10/02 U.S. Office of                      Announces Press
 20            Special Counsel                     Conference With
               Files Disciplinary                  Transportation
               Action Petition                     Security
               against Senior                      Administration To
               Executive Service                   Unveil Agreement
               Employee, Charging                  To Provide
               Him with Three                      Whistleblower
               Hatch Act                           Protection To
               Violations                          Federal Aviation
                                                   Security Screeners
PR02   7/10/02 U.S. Office of
 19            Special Counsel      PR02   5/29/02 U.S. Office of
               Announces             14            Special Counsel
               Settlement of                       Announces
               Petition to Remove                  Postponement of
               Florida Local                       Press Conference
               Agency Employee                     with Transportation
               for Hatch Act                       Security
               Violation                           Administration
PR02   6/26/02 U.S. Office of       PR02   5/29/02 U.S. Office of
 18            Special Counsel       13            Special Counsel
               Announces Cindy L.                  Announces Award
                                                                         17
               of First Certificate                   Workforce about
               of Compliance to                       The Whistleblower
               The U.S. Office of                     Protection Act
               Personnel
                                      PR02   5/2/02   U.S. Office of
               Management under
                                       08             Special Counsel
               Law Requiring
                                                      Announces
               Agencies to Educate
                                                      Favorable
               Employees about
                                                      Resolution of Two
               The Whistleblower
                                                      Complaints Alleging
               Protection Act
                                                      Retaliation against
PR02   5/29/02 U.S. Office of                         Whistleblowers by
 12            Special Counsel                        The Immigration
               Announces Press                        and Naturalization
               Conference with                        Service
               Transportation
                                      PR02   3/29/02 U.S. Office Of
               Security
                                       07            Special Counsel
               Administration to
                                                     Announces MSPB
               Unveil Agreement
                                                     Decision Ordering
               to Provide
                                                     Removal Of D.C.
               Whistleblower
                                                     School Teacher In
               Protection to
                                                     Hatch Act Case
               Federal Aviation
               Security Screeners     PR02   3/18/02 U.S. Office of
                                       06            Special Counsel
PR02   5/28/02 U.S. Office of
                                                     Announces Board
 11            Special Counsel
                                                     Order Removing
               Announces
                                                     Local Agency
               Settlement in Case
                                                     Employee for
               of Fired FAA
                                                     Violating Hatch Act
               Whistleblower Who
               Disclosed              PR02   3/14/02 U.S. Office of
               Information to FAA      05            Special Counsel and
               Security And The                      Office of Personnel
               FBI Concerning                        Management
               September 11th                        Launch Pilot
               Attacks                               Program to Educate
                                                     Employees about
PR02   5/20/02 U.S. Office of
                                                     The Whistleblower
 10            Special Counsel
                                                     Protection Act
               Announces Consent
               Judgment on            PR02   2/13/02 U.S. Office of
               Petition to Remove      04            Special Counsel
               Government                            Announces
               Attorney for Hatch                    Corrective Action
               Act Violations                        Settlement for
                                                     JPATS Employee
PR02   5/20/02 No Fear Act Signing
 09            Prompts Special        PR02   1/30/02 U.S. Office of
               Counsel to Remind       03            Special Counsel
               Agencies of                           Announces
               Statutory Obligation                  Corrective Action
               to Educate                            Settlement for VA

                                                                            18
                    Employee                                      Favorable
                                                                  Resolution of
 PR02      2/8/02   U.S. Office of
                                                                  DeCA
  02                Special Counsel
                                                                  Whistleblower’s
                    Files Complaint
                                                                  Complaint
                    Seeking Removal of
                    Head Start                    PR02   9/5/02   U.S. Office of
                    Employee for                   23             Special Counsel
                    Violating The Hatch                           Awards The
                    Act (Revised)                                 U.S. Merit
                                                                  Systems
 PR02     1/03/02 U.S. Office of
                                                                  Protection
  01              Special Counsel
                                                                  Board 2302(C)
                  Announces
                                                                  Certification for
                  Favorable
                                                                  Completion of
                  Settlement of
                                                                  Whistleblower
                  Prohibited Personnel
                                                                  Education
                  Practice Complaint
                                                                  Program
                  Filed by MSPB
                  Regional Director               PR02   6/24/02 U.S. Office of
                                                   17            Special Counsel
                                                                 Announces
                                          [Top]                  Settlement of
                                                                 FAA
                                                                 Whistleblower’s
                                                                 Complaint
Whistleblowers                                    PR02   5/31/02 U.S. Office of
                                                   15            Special Counsel
Release    Date                                                  Announces
                         Title                                   Press
 No.
                                                                 Conference
 PR02     12/2/02 U.S. Office of                                 With
  26              Special Counsel                                Transportation
                  Announces                                      Security
                  Settlement of                                  Administration
                  Former Navy                                    To Unveil
                  Employee’s                                     Agreement To
                  Whistleblower                                  Provide
                  Complaint                                      Whistleblower
                                                                 Protection To
 PR02     11/7/02 U.S. Office of
                                                                 Federal
  25              Special Counsel
                                                                 Aviation
                  Announces
                                                                 Security
                  Rollout of
                                                                 Screeners
                  Government-
                  Wide                            PR02   5/29/02 U.S. Office of
                  Whistleblower                    13            Special Counsel
                  Protection Act                                 Announces
                  Program                                        Award of First
                                                                 Certificate of
 PR02     10/31/02 U.S. Office of
                                                                 Compliance to
  24               Special Counsel
                                                                 The U.S. Office
                   Announces
                                                                                      19
               of Personnel                         Educate
               Management                           Workforce
               under Law                            about The
               Requiring                            Whistleblower
               Agencies to                          Protection Act
               Educate
                                  PR02     5/2/02   U.S. Office of
               Employees
                                   08               Special Counsel
               about The
                                                    Announces
               Whistleblower
                                                    Favorable
               Protection Act
                                                    Resolution of
PR02   5/29/02 U.S. Office of                       Two
 12            Special Counsel                      Complaints
               Announces                            Alleging
               Press                                Retaliation
               Conference                           against
               with                                 Whistleblowers
               Transportation                       by The
               Security                             Immigration
               Administration                       and
               to Unveil                            Naturalization
               Agreement to                         Service
               Provide
                                  PR02     3/14/02 U.S. Office of
               Whistleblower
                                   05              Special Counsel
               Protection to
                                                   and Office of
               Federal
                                                   Personnel
               Aviation
                                                   Management
               Security
                                                   Launch Pilot
               Screeners
                                                   Program to
PR02   5/28/02 U.S. Office of                      Educate
 11            Special Counsel                     Employees
               Announces                           about The
               Settlement in                       Whistleblower
               Case of Fired                       Protection Act
               FAA
                                  PR02     2/13/02 U.S. Office of
               Whistleblower
                                   04              Special Counsel
               Who Disclosed
                                                   Announces
               Information to
                                                   Corrective
               FAA Security
                                                   Action
               And The FBI
                                                   Settlement for
               Concerning
                                                   JPATS
               September 11th
                                                   Employee
               Attacks
PR02   5/20/02 No Fear Act
 09            Signing
               Prompts Special   Other PPP's
               Counsel to
               Remind
               Agencies of       Release    Date
                                                                     Title
               Statutory          No.
               Obligation to
                                                                             20
 PR02     12/19/02 U.S. Office of Special Counsel
  28               Announces Corrective and
                   Disciplinary Action in Case
                   Alleging Retaliatory Denial of
                                                       Council FP Coordinator --
                   Promotion                           Recent Duties and
 PR02     8/27/02 U.S. Office of Special Counsel       Accomplishments
  22              Seeks Removal of Federal
                  Manager, Charging Her with                 Provided(ing) on-going advice and
                  Nepotism And Retaliation                    assistance to Local W&FP Coordinators
 PR02     1/03/02 U.S. Office of Special Counsel              and Stewards on EEO/FP matters, EEO
  01              Announces Favorable Settlement              complaints, and collateral matters (such
                  of Prohibited Personnel Practice            as OWCP, fitness for duty, etc.)
                  Complaint Filed by MSPB
                  Regional Director                          Continued direct representation of
                                                              a terminated disabled employee in a
                                                              mixed-case EEO complaint
                                             [Top]
                                                             Pursuing ULP’s or appeals to FLRA
Disclosures                                                   dismissal on CBP matters (unilateral
                                                              stoppage/changes in employee transfer
Release    Date                                               programs and failure to bargain;
                                 Title                        unilateral termination of school tuition
 No.
                                                              program and failure to bargain)
 PR02     12/16/02 U.S. Office of Special Counsel
  27               Transmits Report Substantiating           Council lead with AFGE on two (2)
                   Whistleblower’s Allegations that           national grievances relating to the failure
                   Two Supervisory Nurses                     of ICE and (then) CBP to upgrade
                   Mistreated Elderly and Disabled            Inspections Assistants to GS-7, under
                   Patients at the VA Medical Center          PL 107-173, and collection of IA
                   in North Little Rock, Arkansas             documents
 PR02     7/25/02 U.S. Office of Special Counsel
  21              Transmits Report Substantiating            Updating and maintaining the Council FP
                  Whistleblower’s Allegations of              Coordinator’s website, the CFPC EEO
                  Public Health and Safety Danger             Training website, the Locals United!
                  in Drinking Water at California             Website.
                  Campground
                                                             Compose and disseminate In the Know
 PR02     6/26/02 U.S. Office of Special Counsel              CFPC Newsletter.
  18              Announces Cindy L. Snyder’s
                  Selection as Recipient Of Special
                  Counsel’s Public Servant Award       Council Fair Practices Coordinator Bridgette Rodriguez
 PR02     6/20/02 U.S. Office of Special Counsel       TEL: (786) 419-4876 ; FAX (786)419-4877
  16              Transmits Report Substantiating      Mailing address: 12630 NW 22 Court, Miami, FL 33167
                  Whistleblower’s Allegations of       Email Address: CouncilEEO@aol.com
                  Violations of The Anti-Deficiency    Websites: http://elect.8m.com/CouncilEEO.html
                  Act and Other Federal Laws at        http://www.nhsc117.org/
                  The National Capital Planning
                  Commission, Washington, D.C.


                                                                                                       21

				
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