U.S. Office of Special Counsel  1730 M Street, N.W., Suite 218  Washington, D.C. 20036-4505

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.

    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.