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U.S. Office of Special Counsel
1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
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OFFICE OF SPECIAL COUNSEL FILES FRIEND OF COURT BRIEF SUPPORTING FULL
WHISTLEBLOWER PROTECTIONS FOR TRANSPORTATION SECURITY ADMINISTRATION
SCREENERS
FOR IMMEDIATE RELEASE - 5/24/04
CONTACT: CATHY DEEDS
(202) 254-3600
WASHINGTON – The U.S. Office
of Special Counsel (OSC) has asked the U.S. Merit Systems Protection Board (MSPB)
to extend jurisdiction over individual appeals brought by federal airport
screeners alleging retaliation for whistleblowing on or after March 1, 2003,
the date upon which the Transportation Security Agency (TSA) became part of
the U.S. Department of Homeland Security (DHS).
OSC’s “friend of the court” brief, filed on May 6, 2004, responds to several
initial decisions by MSPB Administrative Judges that the MSPB lacks
jurisdiction over screeners’ appeals under the 2001 law that created TSA.
Under that law, TSA was given broad authority to hire, discipline, and
terminate screeners without being subject to most federal employment laws,
including the Whistleblower Protection Act. OSC argues, however, that the
2002 law that created DHS (the Homeland Security Act), not the TSA law, is
the controlling legal authority for screeners’ whistleblower rights. Under
that law, all DHS employees, including screeners, are provided with full
whistleblower protections, including the ability to file complaints with OSC
and individual right of action appeals with the MSPB.
“Our Agency believes that MSPB jurisdiction is critical to screeners’
ability to report airport security concerns without fear of reprisal,”
Special Counsel Scott J. Bloch said. “I made the decision to weigh in
favorably to TSA screeners on April 9, 2004, and stated so publicly. This
brief is the result of our obtaining permission from the MSPB to file a
brief in favor of jurisdiction. When Congress created the Department of
Homeland Security, they made it clear that whistleblower protection is an
integral part of protecting homeland security. Providing full whistleblower
protections to screeners will help ensure that Congress’s goals in
establishing DHS are realized,” Bloch explained.
The MSPB’s final decision could affect the approximately 45,000 federal
screeners nationwide, who represent about one-fourth of the total DHS
workforce and are on the front lines of our nation’s efforts to protect
homeland security.
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The U.S. Office of Special Counsel (OSC)
is an independent investigative and prosecutorial agency and operates as a
secure channel for disclosures of whistleblower complaints and abuse of
authority. Its primary mission is to safeguard the merit system in federal
employment by protecting federal employees and applicants from prohibited
personnel practices, especially retaliation for whistleblowing. OSC also has
jurisdiction over the Hatch Act and the Uniformed Services Employment and
Reemployment Rights Act. For more information please visit our web site at
www.osc.gov or call 1-800-872-9855.
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