Anti-Whistleblower Track Record Continues

Thanks Barry! More of that Change(TM) that we can believe in.


One of two whistleblowers to win even a temporary victory before a government whistleblower review board under a Bush administration appointee lost last week after the board’s February reversal was upheld by the Federal Circuit Court of Appeals.

The decision underscored the difficulties whistleblowers faced under the Bush administration. Under Neil McPhie, the Bush-appointed chairman of the three-person Merit Systems Protection Board, whistleblowers had a 1-44 win-loss track record, according to a tally by the non-profit Government Accountability Project (before the February reversal, the track record was 2-43). In the original ruling on the whistleblower Kenneth M. Pedeleose’s case, McPhie dissented from the decision that favored Pedeleose and voted against him in the second decision as well.

In late July, President Obama nominated a new chair and vice chair for the board, who have won praise from whistleblower protection advocates. The nomination for chair is Susan Grundmann, formerly the general counsel for the National Federation of Federal Employees. Anne Wagner is the nominee for vice chair, and has spent time as a lawyer with the American Federation of Government Employees and more recently with the Government Accountability Office. Bush appointee Mary D. Rose will continue on the board as its third member until March 2011.

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