My colleague and fellow whistleblower, Robert MacLean lost his case at the Merit System Protection Board after years of battle against the Transporation Safety Board. GAP (Government Accountability Project) published the following article on the decision that in my opinion is misaligned with the law.
I posted the following on the GAP blog:
As demonstrated by Mr. MacLean's story, the Whistleblower Protection and No Fear Acts designed to protect federal service employees are not only deeply flawed, they are toothless tigers. Whistleblowers with a duty to protect the tax payers interest and to protect the public from harm typically have their lives destroyed in a battle against the federal government they served nobly. Federal service employees who put their jobs on the line to do the right thing are currently trapped in a quasi-judicial setting at the Merit System Protection Board.
Moreover, ALJ Kang's acknowledgment that Mr. MacLean is a whistleblower who benefited the nation verses the ALJ's credibility doubts is oxymoronic, truly worthy of the title "snafu." The key to understanding the rationale used in the decision lies in the fact that the Board virtually ignors the U.S. Court of Appeals for the Federal Circuit precedent.
It is clear that the Board lacks basic, magistrate level common sense, refusing to apply the law expediciously and without bias. Board statistics exhibit a clear, resounding, deep-seated favoritism for federal agencies. The Board continues to churn out tacit approval of agency retaliation against the noble. The President must set a moral compass at the Board.
http://whistleblower.org/blog/31-2010/559-the-mspbs-terrible-ruling-on-robert-maclean
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