humanrights

4 Federal Workforce Agencies Linked to International Human Rights Violations

»Posted by on May 22, 2016 in humanrights | 0 comments

4 Federal Workforce Agencies Linked to International Human Rights Violations
Briefing in Carson v. MSPB before the Federal Circuit Court of Appeals has actually ended up being a referendum on four federal workforce oversight firms. The briefs reveal an ominous space in federal whistleblower and benefit system protection, refined through the agencies’ actions and inactiveness. Proposed amici briefs suggest the matter belongs to a constitutional and international human rights crisis being attended to by Opt IN USA, a grassroots U.S. diplomacy reform and worldwide human rights project.

Apr. 28, 2016/ PR Zen/ WASHINGTON– “We have transformed the instruction in a consolidated appeal of 2 (2) U.S. Merit Systems Protection Board (MSPB) decisions into a mandate on that quasi-judicial firm, the United States Office of Special Counsel (OSC), America’s Equal Employment Opportunity Commission (EEOC), along with the Occupational Safety and Health Administration (OSHA),” says Dr. Andrew D. Jackson of the not-for-profit company known as The Law Project. He discusses, “Opt IN USA is an effort of ours challenging the effectiveness of domestic legal and political systems in securing the First Amendment rights of typical Americans, and these federal firms have actually proven woefully inadequate because regard.” Jackson’s colleague, lawyer Zena Crenshaw-Logal *, includes that related federal workforce problems belong to a “constitutional and human rights crisis being attended to by Opt IN USA which is a grassroots U.S. foreign policy reform, judicial responsibility, and global human rights campaign.”
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The referenced appeal before the Federal Circuit Court of Appeals is Carson v. MSPB, appeal nos. 2015-3135 and 2015-3211. The petitioner, professional engineer (PE) Joseph P. Carson, is a long time U.S. Department of Energy (DOE) staff member and a high profile nuclear safety whistleblower. He has competed for nearly 3 (3) decades that the “OSC is a law-breaking scams of a federal firm and the MSPB is its enabler.”

According to the OSC’s website, it is accused of “(p) protecting federal staff members from inappropriate worker’s actions, consisting of retaliation for whistleblowing.” The MSPB’s website describes it as “an independent, quasi-judicial … guardian of Federal benefit systems.” The MSPB “performs its statutory duties and authorities primarily by adjudicating specific worker appeals and by performing benefit systems researches.”

He inserts, “Does a PE, employed by a federal agency, have a right to do his favorable legal and expert duty to secure public health and safety from government firm law-breaking? The U.S. Government through federal agencies OSC and MSPB says loud and clear: No – neither OSC nor MSPB has any favorable responsibility to secure any PE in any federal company who is so reckless to put his or her positive duty to protect public health and safety prior to his or her expert standing and economic security.”

Carson v. MSPB focuses on whether the OSC’s deceptively easy act of neglecting Carson’s complaints about or disclosures of its own alleged unlawfulness (and that of the DOE as well as the MSPB) constitutes a worker’s action. Carson is represented in the federal appeal by the Tennessee law firm of Loring Justice, PLLC.

Rickman asserts: “The (OSC) has actually not said and cannot argue Mr. Carson made illogical or unreasonable disclosures to it. The Agency is overlooking its statutory function and fundamental responsibilities in guaranteeing the integrity of the federal civil service; it has enforced a negative ‘significant change’ in Mr. Carson’s ‘working conditions’.”.

Three people have looked for leave to file different briefs supporting Carson and reversal of the MSPB choices versus him. The proposed “good friend of the court” briefs, each considered a quick of an amicus curia, emphasize issues appropriate to, however different from Carson’s opening quick.


Jackson mentions the International Covenant on Civil and Political Rights (ICCPR) and its requirement that each State Party to it “undertakes: (a) To make sure that anybody whose rights or liberties … are violated will have an efficient treatment.” After keeping in mind that the U.S. signed the ICCPR in 1977 and validated or acceded to it in 1992, he sends that “the OSC, and the MSPB through judgments such as those precipitating the consolidated appeal at hand, are major parts of the ‘shell video game’ decried by Opt IN USA in its launching report, ‘Americans in Jeopardy: When Human Rights Protection Becomes America’s Executive, Legislative, and Judicial Branch Shell Game.'” Jackson concludes that “(a) at least for … Carson, the OSC and MSPB have actually changed looking for whistleblower and benefit system security into a job ideal for Sisyphus of Greek mythology, which unconstitutional action might constitute persecution or perhaps psychological torture forbidden by crucial U.S. human rights treaties.”.
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Crenshaw-Logal competes that “( t) through evident judicial advocacy suborned by the OSC, the MSPB sharpened an ominous gap in federal whistleblower and benefit system defense.” She sends that with regard to Carson’s current appeal, “the MSPB is unduly deferential to the OSC and hamstrung by the dispute fundamental in attending to the propriety or impropriety of its own actions.”.

Jackson cited sources considering the EEOC largely inadequate.

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