Another Whistleblower Defeated by Bush Administration Holdover

Sunday, August 16, 2009

Whistleblowers did not fare well during the Bush administration. Government employees disciplined or fired for calling attention to illegal or unethical practices can appeal to the Merit Systems Protection Board, but the board, led by Bush-appointee Neil McPhie, ruled against whistleblowers in 44 out of 45 cases, according to an analysis by the non-profit Government Accountability Project.

 
The latest whistleblower to lose his case was Pentagon employee Kenneth Pedeleose, an industrial engineer with the Defense Contract Management Agency, who lodged complaints over cost and safety problems involving Lockheed Martin’s production of the Air Force’s C-130J cargo plane. Pedeleose claims he was the victim of numerous reprisals by his agency for telling Congress about the problems.
 
Government watchdogs are hopeful the Merit Systems Protection Board will develop a better track record of ruling on whistleblower cases now that President Barack Obama has made two appointments to the three-member board. Susan Grundmann, formerly the general counsel for the National Federation of Federal Employees, is the new chair, while the new vice chair is Anne Wagner, a lawyer who has worked with the American Federation of Government Employees and the Government Accountability Office. The lone Bush holdover, Mary D. Rose, will remain until her term expires in March 2011.
-Noel Brinkerhoff
 
ACCOUNTABILITY: Anti-Whistleblower Track Record Continues (by Nick Schwellenbach, Center for Public Integrity)
Kenneth M. Pedeleose v. Department of Defense (United States Court of Appeals for the Federal Circuit) (PDF)

Comments

Kenneth Pedeleose 15 years ago
I read the comment titled "The Truth" regarding whistleblower Kenneth Pedeleose. The fact of the matter is that on August 17, 2009 a case was forwarded to the United States Court of Appeals for the Federal Circuit that identified 40 errors and omissions made by the Court. More specifically, the Judges left out 40 pieces of evidence (omissions and errors). Thirty Nine (39) of the omissions and errors were made known to the Court during the review of the case. One involved a fine point of independence of the Department of Defense Inspector General. This evidence was very specific. Essentially, only one half of the case (Agency side) was shown to the public. Kenneth Pedeleose is a whistleblower that has supported criminal allegations and worked Senate investigations. In the big picture, the case actually has just begun.
The Truth 15 years ago
This article is a complete distortion of fact. Reading the Federal Circuit's decision (attached to the article), reveals that this case had nothing to do with Mr. Pedeleose's whistleblowing regarding the C-130J. Even HE did not allege that. The facts show that Mr. Pedeleose simply failed to cooperate in an investigation regarding a rumor (advanced by HIM) that management planned to fire a certain set of DCMA employees. This rumor caused a great deal of upset and stress to employees at LMM, and was the proper subject of an investigation. When Mr. Pedeleose refused to cooperate in that investigation, even when the IG urged him to do so, and told him it had nothing to do with his whistleblower case, he still refused. Those who worked at LMM during this timeframe know the truth about this situation. Whether or not there was merit to his earlier C-130J allegations is not the issue. One whistleblower complaint does not confer carte blanch for any kind of outrageous behavior, and it is reassuring to see that the board and the court agreed.

Leave a comment