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Aug 10, 2011


data center recovery

nice post thanks for the info great work

Robert MacLean

The story made the front page headline (above the fold) in yesterday's Orange County Register local section.

You can click above on my name to see the image.

Gregg S

You think whistleblowing is wortwhile?
Try telling that to my family! It was the biggest mistake of my life! Can POGO warn other potential whistleblowers of the danger expecialy with OSHA whistleblower protection program!
Why did POGO not post my last comment?
Im running out of time.
My god even my second OSHA 11c investigator blasted OSHA whistleblower protection program!
There is no justice or protection for whistleblowers why cant you just post this truth?
Gregg S

Gregg S

becoming a whistleblower with OSHA ON 3/11/09 and illegaly fired for it on 4/20/09 was the biggest mistake of my life. after warning my employer through the complete chain of command i contacted OSHA only to find out first hand how weak OSHA is at protecting whistleblowers!Even after two more technicions came forward and contacted OSHA.one 15 months after me and fired two months later,third five months later i do not know his status yet.you think OSHA would listen.Then i found out why not first hand with the second OSHA 11C investigator who turned out to know my brother where they hung out together on a street corner in philadelphia in the 70s.This investigator was one of the new hires and i guess he felt comfortable to talk and boy did he! Let me tell potenital whistleblowers out there now KEEP YOU MOUTH SHUT DO NOT DESTROY YOUR CAREER AND FAMILY!
This ivestigator stated even with the extra investigators there hireing were still overwhelmed thats why i cant spend much time on your case.There is not enough space on this comment secion to put what else he stated or even how much evidence we provided OSHA!It does not work it should be called "employer protection program" I posted just some of my case on YOUTUBE under(OSHA whistleblower)in four parts.
The videos do not even cover how we were retaliated against.They will come later.Im tired and running out of time ,trust me dont do it
Gregg S

Greg Williams

Robert, Nick & Danielle,

Keep up the good work. Without you, we'd be a poorer, less safe country.


Robert MacLean

The U.S. Court of Appeals for the Ninth Circuit (9th), all of the Western Regional U.S. Merit Systems Protection Board (MSPB) attorney examiners, the full MSPB in Washington DC, and the Transportation Security Administration never disputed that I went to a supervisory and the Oakland Department of Homeland Security Office of Inspector General (DHS/OIG) after calling their 1-800 hot-line and their San Diego audit office.

Even when questioned by the TSA lawyer, I NEVER stated that I attempted to go to the U.S. Office of Special Counsel or Congress -- only the three DHS/OIG offices.

From the 9th:

"He raised this concern with his supervisor, who did not make further inquiry. MacLean then attempted unsuccessfully to alert the Office of Inspector General."


"He raised his concerns with his supervisor and with an employee in the agency’s Inspector Generals office but was not satisfied with the responses he received. Id. at 84-88."




Great points, I'm glad you've made them. I did not intend for this to a comprehensive analysis.


The name "Merit Systems Protection Board" isn't particularly catchy, and I don't think I'm going out on a limb by saying most people who are not federal government employees have never heard of it.

My understanding is MacLean did not make as much money as you claim in his separate legal dispute with MSNBC. And after lawyers' fees and taxes, MacLean received a small fraction of the amount you assert and is now struggling financially. However, either way, it is immaterial to the issues at hand. These issues can affect many whistleblowers working in the aviation security context who deal with unclassified information.

The MSPB itself indicates that had SSI not been involved in this case, MacLean would have had an outcome similar to Teresa Chambers earlier this year. She won. According to the MSPB decision:

"...the case of Chambers v. Department of the Interior, 602 F.3d 1370 (Fed. Cir. 2010), while appearing to have some similarity to this case, is distinguishable. Ms. Chambers, like the appellant herein, publicly disclosed information about the deployment of law enforcement officers. Id. at 1378. Ms. Chambers’s disclosure of a substantial and specific danger to public health or safety, id. at 1379, was protected under 5 U.S.C. § 2302(b)(8)(A)(ii), however, because it was not 'specifically prohibited by law.' By contrast, while the appellant was also arguably disclosing a substantial and specific danger to public health or safety, his disclosure cannot similarly be protected under 5 U.S.C. § 2302(b)(8)(A)(ii) because it contained SSI, the disclosure of which was 'specifically prohibited by law' under a regulatory nondisclosure scheme mandated by Congress."

Also, whistleblowers often do disclose information to the media. The two things are not mutually exclusive. Case in point: Dan Ellsberg. The issue here is: when are whistleblowers entitled to protections under the law and when are they not. The issue is not whether they blew the whistle.

Finally, we have not rejected any cases because of MacLean.

Joe Carson

Your analysis lets too many responsible parties "off the hook." Specifically: Was Robert MacLean trained in the all the various ways he could lawfully disclose SSI? No.

Has MSPB conducted the special studies of TSA that should have revealed that the agency head was not complying with his duty to prevent PPPs because (if for no other reason) MacLean was not trained in how to lawfully disclose SSI? No.

And where, oh where, has OSC been? It could have intervened, made the arguments you have, and could have made a difference.

Julia Davis

Let me get this straight, POGO refers to the same entity they want to invest with even MORE power in the pending whistleblowing legislation, the WPEA, as "the relatively obscure and awkwardly named Merit Systems Protection Board"? Also, since MacLean never made any formal complaints to the OIG/OPR/OSC or Congress and went straight to the media, he is a leaker and not a legitimate whistleblower. Since he made a lot of money because of his firing and falsely claimed to be destitute, he is not even an honest leaker. Sorry, this is not the kind of a case POGO and GAP should be touting. How many cases did POGO and GAP reject based on MacLean's "investigating and vetting" them? What made him such an authority to investigate other cases, when he doesn't qualify as a whistleblower himself?

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