Perfected Allegations of Wrongdoing – Part I of IV

Department of Labor/OSHA, January 2009 to October 2024, Part 2

Perfected Allegations of Whistleblower Retaliation Denying EEO Protections:

What is a “perfected allegation” and why are they important?

An accusation is a term used when stating that a party is guilty of a criminal offense, while an allegation is an unproven claim that a party has done something wrong. In these cases, someone making an accusation or allegation must meet the burden of producing evidence supporting their claim, which if it is clear and convincing (perfected) by witness statements and/or documentation, can then be submitted to an independent and objective trier of fact (judge or jury) to be tested to see if it is beyond reasonable doubt true. By producing perfected allegations to someone with the authority to bring a criminal case, we are challenging that they submit this evidence to a grand jury to evaluate it as a basis for a criminal indictment.

For example, in this section we offer 9 perfected allegations that DoL responsible management officials violated federal EEO laws, rules, and regulations created to protect federal employees from: Denial of Employee EEO reasonable accommodation, Obstruction of Harassing Conduct Complaint, and Obstruction of EEO Complaint, all of which are protected by EEO law, rule, and regulations as cited in each allegation. These allegation then offer witnesses and documentation that can firm the factual statements in the allegation.

I. Denial of Employee EEO reasonable accommodation: July 2011 to May 2015

As I learned during conversations with Congresswoman, Barbra Lee’s staff in my capacity as AFGE Steward and Representative to the San Francisco Central Labor Council in 2011-2013, the San Francisco DoL had become infamous for its abuse of Equal Employment Opportunity (EEO) laws, rules, and regulations designed to protect employees from discrimination. These EEO laws, rules and regulations are the gold standard for balancing employee interests against employer interests, and it was surprising to learn a federal agency dedicated to worker rights would systemically abuse its own employee’s EEO rights, which were fully known to Congresspersons Barbara Lee and Nancy Pelosi, who took no action to protect these federal employees.

01. In July 2011, I disclosed abuse of authority by OSHA, Region 09, RSI, Joshua Paul, to AFGE Union Steward, Linda Morales, during a union grievance endorsed by all OSHA Region 09 WBPP attorney-investigators. This led to multiple meetings with OSHA Region 09 RA Kenneth N. Atha in an attempt to obtain corrective action.

Witnesses: Sue Kamlet, Sewali Patel, and Blake Wu (OSHA WBPP investigators), and Linda Morales (AFGE Steward), and K. Atha (OSHA Region 09 RA).

Document: Witness Statement, Susan Kamlet.

02. On 21 July 2011, I disclosed to OSHA Region 09 RSI Joshua Paul chronic health issues that required reasonable accommodation pursuant to DoL-EEO guidelines [DLMS 6- 200; DLMS 6-308; DLMS 6-309E; and DLMS 6-310D].

Witnesses: Dr. Louise Nurre (treating physician), Sue Kamlet and Blake Wu (OSHA).

Documents: Email from J. Paul to D. Whitman, dtd 22 July 2011 0913AM; DoL reasonable accommodation procedures [DLMS Guidelines 6- 306-312].

03.On 17 August 2011, Federal Occupational Health (FOH) medical specialist Michelle Smith- Jefferies issued an assessment of my request for reasonable accommodation in consultation with my doctor, Dr. Louise Nurre, copied on 25 August 2011 to OSHA EEO Manager, Catherine Fortune. This assessment noted my long history of Type II diabetes, hypertension, and asthma, which had become unstable due to RSI Paul’s refusal to reasonably accommodate them The FOH thereafter directed OSHA to work with me to reasonably accommodate these medical recognized disabilities.

Witnesses: Michelle Smith-Jefferies (FOH), C. P. Fortune (OSHA); Dr. L. Nurre, (my treating physician).

Document: FOH Reasonable Accommodation assessment report, dtd 17 Aug 2011.

04. On 13 Sep 2011, RSI Joshua Paul denied my request for reasonable accommodation in of my earlier disclosure of his gross mismanagement and abuse of authority, a prohibited personnel practice [5 U.S.C., ⸹2302(b)(8)(A)(ii)] as well as handicap discrimination [29 U.S.C. 791].

Witness: Dr. L. Nurre, (my doctor).

Document: Letter from Dr. L. Nurre to J. Paul (OSHA), dtd 13 Sept. 2011.

05. From 19 Dec 2011 to 03 Jul 2012, RSI Joshua Paul colluded with OSHA Region 09 ARAs Loren Delicana, Gail Hudspeth, and James Wulff to deny my right to EEO reasonable accommodation in violation of federal criminal law [18 U.S.C., ⸹241] and my Constitutional due process rights [Const. Amend. V], and in violation of DoL-EEO regulations [DLMS 6- 306- 312], with Wulff closing my reasonable accommodation request. Thereafter, I was discouraged from appealing the denial by DoL-CRC RMOs.

Witnesses: Sue Kamlet, Sewali Patel (OSHA Region 09 WBPP investigators), Linda Morales (DoL AFGE Steward), J. Callwood (ASAM), and Dr. L. Nurre (my doctor).

Documents: Letter from Dr. L. Nurre to J. Paul, OSHA, 19 Dec. 2011; Memo from D. Whitman to J. Paul, dtd 22 Dec 2011; Email from D. Whitman to S. Kamlet and L. Morales, dtd 28 Dec. 2011; Email from D. Whitman to J. Paul (OSHA), dtd 28 Dec. 2011; Email J. Paul to L. Delicana, J. Wulff and G. Hudspeth, dtd 09 Jan. 2012; Email J. Paul to L Delicana dtd 17 Jan.2012; Memo from J. Paul (OSHA) to D.L. Whitman, 12 Jun 2012; Letter from J. Wulff to D. Whitman, denial of reasonable accommodation, dtd 03 July 2012.

II. Obstruction of Harassing Conduct Complaint: July 2012 to April 2013

01. From 31 July to 07 October 2012, DoL-OSHA Region 09 RMOs RA Kenneth N. Atha, ARA Barbara Goto, ARA Loren Delicana, ARA James Dement, and RSI J. Paul, colluded with DoL RMOs J. Callwood (ASAM), B. Lopez (CRC), and R. Itelson (ASAM) to obstruct the investigation of my Harassing Conduct Complaint against RSI J. Paul, in violation of federal criminal law [18 U.S.C., ⸹1505]. In so doing, these RMOs concealed the conduct of the investigation and falsified witness statements [18 U.S.C., ⸹1001] to justify the dismissal and then denied my rights of appeal in violation of my Constitutional due process rights [Const. Amend. V] and DoL regulations [DLMS 4, 706B, 707A], all prohibited personnel practices [5 U.S. Code, ⸹2302(b)(9)].

Witnesses: Sue Kamlet (OSHA), and Stephanie Stacy and L. Morales (union stewards).

Documents: Harassment Complaint Intake Form, dtd 31 July 2012; S. Kamlet EEO Grievance, dtd 09 Aug 2012; Email exchange between D. Whitman and S. Kamlet re compromised investigation of Harassing Conduct, dtd 28-29 Aug 2012; Email J. Callwood (ASAM) to D. Whitman; dtd 29 Aug 2012; Grievance re Delicana's false reporting, dtd 04 Sep 2012; Email from

D. Whitman to J. Callwood (ASAM) dtd19 Sep 2012; Email from B. Lopez (DoL-CRC) to D. Whitman re no appeal from EEO Harassing Conduct complaint, dtd 26 Nov 2012; Emails between OSHA Region 09 RMOs re false statements during grievance hearing, dtd 04 April 2013; Emails between D. Whitman and R. Lewis re Harassing Conduct grievance, dtd 09 April 2013; Email from R. Lewis to B. Goto & R. Isleton, re obstruction of investigation of Harassing Conduct complaint, 10 Apr 2013; B. Goto response to Grievance re Harassing Conduct complaint, dtd 02 May 2013.

III. Obstruction of EEO Complaint: April 2012 to April 2014

01. From April 2012 to May 2013, multiple DoL and OSHA RMOs colluded to deny my right to petition the government for a redress of grievances [Const. Amend I] by obstructing my appeal from the dismissal of my EEO Complaint, in violation of DoL-EEO regulations [DLMS 4, 706B, 707A] and federal criminal law [18 U.S.C., ⸹1505], This collusion occurred in the context of my appeal of the denial of my EEO rights, a PPP [U.S.C, ⸹2302(b)(9)], during which senior OSHA and DoL RMOs offered false testimony to the DoL-CRC investigator, in violation of federal criminal law [18 U.S.C., ⸹1001]. Those involved in this collusion included: OSHA Region 09 RA K. Atha, Region 09 ARAs James Wulff, Barbara Goto, Loren Delicana, and David Shiraishi, RSI J. Paul, acting RSI Blake Wu, and J. Callwood (DoL ASAM). and DoL-CRC Director, Betty Lopez.

Witnesses: Brian Nederloe (DoL-CRC), L. Morales, S. Stacy and H. Thomas (AFGE Stewards), and E. McKeller (Legislative Assistant to Member of Congress, Barbara Lee).

Documents: Informal EEO Complaint FORM filed 25 Apr 2012; Email J. Paul to B. Lopez (CRC) asking if I filed an EEO complaint, dtd 15 May 2012; Formal EEO complaint filed 16 May 2012; Interrogatories for EEO Complaint submitted 16 May 2012; Emails between M. Cohen (ASAM-CRC) and D. Whitman re EEO complaint, dtd 02-03 Oct 2012; Ltr from D. Whitman to B. Nederloe (DoL- CRC Investigator), dtd 15 Feb 2013; EEO Witness List, provided to CRC Investigator Nederloe 15 Feb 2013; Email from D. Whitman to R. Lewis, Rob Sax (DoL-AFGE stewards) re comments of EEOC investigation report, dtd 13 Apr2013; Email from D. Whitman to E. McKeller (Aide to B. Lee) re disclosure of wrongdoing, dtd 13 Apr 2013; Memo, Disclosure re Conduct of the EEO investigation, dtd 01 May 2013.

02. From May 2013 to October 2014, DoL and OSHA Region 09 RMOs conspired to obstruct my ALJ appeal from the dismissal of my EEO complaint [18 U.S.C., ⸹241; 18 U.S.C., ⸹1505]. This obstruction included: violating my Constitutional privacy rights by conducting undisclosed surveillance of my personal affairs [Const. Amend IV] (see, Waters v Thornburgh DC Cir PA 1989), and conducting a retaliatory investigation, a PPP [5 U.S. Code, ⸹2302(b)(9)] that denied my Constitutional due process right to discover evidence and depose witnesses [Const. Amend. V]. These occurred in the context of an appeal of the denial of my EEO Complaint and request for Family & Medical Leave (FMLA) in violation of statute [29 U.S.C.⸹2612(a)(1)(D)], which constituted PPPs [5 U.S. Code, ⸹2302(b)(9)(A)]. Those involved included: OSHA Region 09 ARAs J. Dement, P. Leary, and J. Wulff, RSI J. Paul, and DoL RMOs R. Itelson (DoL-ASAM) and DoL Solicitor, J. Gorman.

Witnesses: H. Thomas and R. Sax (DoL-AFGE Stewards), J. Macel (OASAM), Dr. L. Nurre (my doctor), and D. Kelly (DoL ALJ).

Documents: Email from J. Macel (ASAM) to J. Dement (OSHA) re Whitman Transit Subsidy Information, dtd 05 May 2013; Email from R. Itelson (ASAM) to J. Dement (OSHA), re plans for disciplinary hearing, dtd 04 Jun 2013; Waters v Thornburgh DC Cir PA 1989 - Privacy Act and Investigations; Request for the production of documents to J. Gorman (DoL Solicitor), dtd 30 May 2013; Email from J. Macel (ASAM) to J. Dement (OSHA) re Transit Subsidy Information, dtd 05 Jun 2013; Response to ALJ discovery request, dtd 15 June 2013; Request for production of witnesses, dtd 25 Jun 2013; Email from J. Dement (OSHA) to D. Whitman, re disciplinary hearing, dtd 17 Jul 2013: Email from D. Whitman to J. Dement (OSHA), R. Itelson (ASAM), re medical order for extended medical leave, dtd 23 Jul 2013; Ltr from P. Leary (OSHA) to D. Whitman re medical leave, dtd 24 Jul 2013; Email from D. Whitman to P. Leary (OSHA) re FMLA application, dtd 31Jul 2013; Dr. Nurre's Physician's report for stress claim, dtd 06 Aug 2013; Email from D. Whitman to P. Leary (OSHA), re return to work medical analysis, dtd 13 Aug 2013; Email from D. Whitman to D. Kelly (ALJ) and J. Gorman (Solicitor), disclosure of conflicts of interest by SoL, dtd 05 Aug 2013; ALJ dismissal of EEO appeal without prejudice, dtd 07 Aug 2013; Statement of D. Whitman attached to FMLA application, dtd 16 Aug 2013; Emails between D. Whitman and P. Leary (OSHA), re FMLA with no response from P. Leary, dtd 23 Aug 2013; Email from J. Wulff (OSHA) to D. Whitman, re advanced sick leave, dtd 29 Aug 2013; Emails D. Whitman to H. Thomas (AFGE steward), J. Wulff and J. Dement (OSHA), R. Itelson (ASAM), re grievance dtd 03-04 Sep 2013; Dr. Nurre release to return to work, dtd 10 Oct 2013; Email from D. Whitman to J. Paul (OSHA), re return to work, dtd 18 Oct 2013.

03. From November 2013 to March 2014, multiple OSHA and DoL RMOs obstructed the reinstatement of my EEO Complaint in violation of federal criminal law [18 U.S.C., ⸹1505] by: a) issuing a retaliatory Notice of Proposed Removal on 14 February 2014, a PPP [5 U.S.C., 2302(b)(9)]; b) delaying for 8 months their response to my requests for documents and witness statements, substantially disabling my ability to participate in the investigation, in violation of my Constitutional due process rights [Const Amend. V] c) conducting surveillance of my personal nonwork activities, in violation of my Constitutional privacy rights [Const. Amend IV], and d) concealing evidence relevant to my EEO complaint in violation of federal criminal law [18 U.S.C., ⸹1001]. DoL and OSHA RMOs involved in this wrongdoing included: DoL-ALJ David Kelly; DoL Solicitor, J. Gorman, DoL-ASAM Collete Bousson, and OSHA ARAs J. Dement, P. Leary, J. Wulff, and RSI J. Paul.

Witnesses: P. Cheng and J. Maciel (ASAM), H. Thomas and R. Sax (AFGE Stewards).

Documents: Ltr from D. Whitman to D. Kelly (ALJ), Request to amend complaint, dtd 04 Nov 2013; Notice of Proposed Removal, dtd 14 Feb 2014; Emails between J. Dement (OSHA), and P. Cheng and J. Maciel (ASAM) re continuing investigation, dtd 14 Jan 2014.