EXCERPTS FROM SWORN STATEMENT

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Recap Part 1: Excerpts from C's.... (Whistleblower's) AFGE Union Steward's sworn statement by Officer……..deposed in March 2016 citing EEO violations by the Agency and whistleblower protected disclosures reported to him by the complainant. Dates are approximated to be “on or about” by both the witness and the investigative authority. Titles of persons are noted in parentheses for reader clarification.
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In November 2014, Dr. ....... (Service Chief) reassigned complainant to another department. The Complainant claims she requested a reassignment to ..... ......, but was relocated to the 4th floor instead.

1) Is this true?
Answer: Yes, the complainant requested to be moved around December 14th, 2014.

I. How are you aware of this?
Answer: I was able to read numerous emails between managers which those emails were obtained by the complainant’s FOIA requests of official documents.

ii. Why did this person make this decision?
Answer: P…..,…. (Service Chief) who was a hostile party towards the complainant made it clear in her emailing to management officials it was the highest priority to remove the complainant right after she began to file complaints of a hostile work environment.

1) What evidence do you have to support your assertion?
Answer: This is supported by the emails obtained by the complainant via official FOIA requests.

Q4) How long were you in this position during the period of the event?
Answer: Police Officer since 2007; as an AFGE Local ..... Union Steward – since 2013 (est.)

Q6) How long were you with the organization?
Answer: AFGE Local ..... – Since 2007

c) If true, why was the Complainant’s reassignment request to ...., ...... not granted?
Answer: The complainant advised me as her union representative and made a written request in which management was noted in a December 14th, 2014 email discussing the matter. The EEO of …. ……., Mr. C….,…. (EEO Counselor) was “Cc” who was perplexed that management refused to move the complainant from the hostile work environment. Management took the position they retain the right to decide whether an environment is hostile not the employee.

d) If true, who made the decision to not reassign the Complainant to .... .....?
Answer: Dr. P…..,…… (Service Chief)

i) How are you aware of this?
Answer: I was able to read numerous emails between managers which those emails were obtained by the complainant’s FOIA requests of official documents.

ii) Why did this person make this decision?
Answer: P.…,…… (Service Chief) who was a hostile party towards the complainant, made it clear in her emailing to management officials it was the highest priority to remove the complainant right after she began to file complaints of a hostile work environment.

1) What evidence do you have to support your assertion?
Answer: This is supported by the emails obtained by the complainant via official FOIA requests.

iii. Did the Complainant tell management the action was unwarranted?
Answer: Not only did she express the action was unwarranted, I personally spoke to the …. …..EEO office, Mr. D….. (EEO Counselor) warning him that management was engaging in retaliation and intimidation of the complainant and it was to stop immediately. It has been a standard of practice in the … …… Healthcare System’s management to retaliate and remove any employee who files EEO complaints against management and supervisory officials in which management has been convicted for conducting such illegal activities in clear violation of Federal Employment Discrimination right USC Title 42 rights.

1) If yes, how?
Answer: Not only did she express the action was unwarranted, I personally spoke to the .... ...... EEO office, Mr. D...... (EEO Counselor), warning him that management was engaging in retaliation and intimidation of the complainant and it was to stop immediately.

2) If yes, to whom? Answer: Mr. D..... (EEO Counselor) at .... ...... EEO Office and P......,....... (Service Chief) and I also advised management. The .... ...... Inspector General also received a copy of the entire complaint and disclosure of misconduct.

In November 2014, Dr. P…… (Service Chief) reassigned complainant to another department (Cont.).
3) If yes, what was this person(s) response?
Answer: In an email, dated December 18, 2011, stated P…. (Service Chief) conducted a fact finding and found the allegations were unfounded. I was present in the fact finding and P…. (Service Chief) not only did not conduct an appropriate fact finding but demonstrated she was not interested in the issues being alleged but made it clear she was only interested in getting the ........ clinic at the .... ..... Healthcare Center up and operational and did not have time for these type of distraction. During the fact finding, P…. (Service Chief) made it very clear management was not going to tolerate the complainant and viewed the complainant as a disruption and she was not going to be tolerated.

iv. What was the Complainant’s reaction to this event?
Answer: She was clearly living the worst nightmare and was clearly upset to the point of crying and physically sickened by managements

1) How are you aware of this?
Answer: Personal Observations.

v. Did this person make this decision out of retaliation for her complaints against management? Answer: Yes, it is the policy and past practice to retaliate against any person who file complaints against management officials and supervisors. This practice has been clearly documented in federal court cases since 2007 to present in which the government has paid millions of damages for USC Title 42 Federal Employment Discrimination violations for retaliating against .....,..... employees.

1) If yes, explain.
Answer: Yes, it is the policy and past practice to retaliate against any person who file complaints against management officials and supervisors. This practice has been clearly documented in federal court cases since 2007 to present in which the government has paid millions of damages for USC Title 42 Federal Employment Discrimination violations for retaliating against .....,..... employees.

vi. Did this person make this decision in an attempt because of the Complainant’s sex?
Answer: I am not sure if P…. (Service Chief) made her decision based on her sex, but J.... (physician/surgeon) clearly voiced his opinions about the complainant in emails about the complainant n a disparaging manner and drew a picture relating to her being a female in an unflattering manner.

1) If yes, explain.
Answer: See vi. answer.

vii. Did this person make this decision out of hostility?
1) If yes, explain.
Answer: Both P…. (Service Chief) and J.... (physician/surgeon) made their distained views about they needed to get the complainant out of the service and remove her as a number one priority and management was noted in emails concurring with these views.

e. If true, why was the Complainant’s moved to the fourth floor?
Answer: To isolate her from her colleagues and to shame the employee for filing a complaint which is a past practice.

I. How are you aware of this?
Answer: I have personally witnessed these retaliatory practices since 2007.

ii. What was your involvement in this action?
Answer: I made it very clear the union does not except these action, they were illegal retaliatory actions which needed to be halted immediately and communicated the material fact to D.... (EEO Counselor).

iii. Did the Complainant tell management the action was unwarranted? If yes, how?
Answer: The above answers clarify the complainant’s position in how she viewed the actions and what the union did to communicate to management it was in violation of the EEO laws and the AFGE Master Agreement.
Answer: See Above.

2) If yes, to whom?
Answer: See above.

3) If yes, what was this person(s) response?
Answer: Management dismissed the complainant’s requests and concerns as frivolous.

f. If true, who made the decision to move the Complainant to the fourth floor?
Answer: P…. (Service Chief) and Dr. Z.... (Associate Chief of Staff).

I. Did this person make this decision because of the Complainant’s sex?
Answer: I cannot make that determination either way but from the tone in emails the complainant was viewed as an over reactive to sensitive female who is always complaining and needed to get tough in a male dominated work environment

1) If yes, explain.
Answer: NA

ii. Did this person make this decision out of retaliation for her complaints against management? Answer: Yes

1) If yes, explain.
Answer: It is the policy and past practice to retaliate against any person who file complaints against management officials and supervisors. This practice has been clearly documented in federal court cases since 2007 to present in which the government has paid millions of damages for USC Title 42 Federal Employment Discrimination violations for retaliating against .....,..... employees.

iii. Did this person make this decision out of hostility?
Answer: Yes.

1) If yes, explain.
Answer: Both P…. (Service Chief) and J.... (Physician/surgeon) made their distained views about they needed to get the complainant out of the service and remove her as a number one priority and management was noted in emails concurring with these views.

2) Did the Complainant explain to management why she was requesting a reassignment?
Answer: Yes.

a. If yes, what did she explain?
Answer: Both the complainant and I made it very clear the actions were unacceptable and they were illegal retaliatory actions which needed to be halted immediately and communicated the material fact to C….,…. (EEO Counselor).

b. If yes, how are you aware of this information?
Answer: Own observation and in person actions as the complainants union steward.

c. If yes, what was management’s response?
Answer: Past practice is to ignore any complainants issues raised as frivolous.

3) Why did management deny the Complainant’s reassignment request and move her to the fourth floor?
Answer: See above.

On April 22, 2015, the complainant was notified that effective May 1, 2015, she was being separated during her probationary period (Cont).
Answer: To the best recollection, the complainant was notified by Dr. Z…… (Associate Chief of Staff) at …. ….. Healthcare Center’s executive staff conference room on the fourth floor of the facility. Dr. Z…. was very clear she did not have anything to do with the decision, even though I was witness to a copy of an email in which Dr. Z…. was in an email exchange discussing it was "priority one" in removing the ARNP located in the …… clinic (which there was only one ARNP in the ….. ……, .....,.....Healthcare Clinic). As to the termination, it is has been the policy to disregard all laws and regulations as it pertains to terminating employees in which they have an ongoing EEO active complaints. The former …. ……Director was witnessed by two lawyers telling his executive staff to get rid of every F******* one of those employees, in which he was referencing the employees who had filed EEO complaints against him and his managers for violating their EEO NO FEAR retaliations rights.

To date, those policies are still being set forth and the employees who are on probationary status face termination. The complainant has voiced her concerns of the … …… management’s decision as unwarranted in her EEO filings and has presented that the Director had direct knowledge of the complainant’s issues but decided not to protect the employee and await for the case to be fully vetted and investigated before terminating employment. Again, I cannot implore the EEO investigation to see the past practice of retaliation against employees who engage in EEO activity. This is clearly documented of the systematic policy to retaliate and to remove employees by targeting them to find cause through harassing investigational fact findings so the termination can be justified.

Question: Do you have anything else you would like to add to your testimony? If yes, provide your statement below.
Answer: It would be impossible for me to be comprehensive in capturing all the information in which this case entails because there is about 3000 documents in which the complainant is in possession which demonstrated how Dr. ……. (physician/surgeon) in his own emails, intentional systematically targeted the complainant, intentionally ostracized the complainant from her coworkers by expressing his dissatisfaction of the complainant’s actions against him and drawing the inference of incompetence. Management systematically colluded to gather damaging information on the complainant in which they could justify a termination.

The AFGE Master Agreement states the VA employee will not be subjected retaliation in any manner. The NO FEAR also guarantees employees are protected from such retaliatory actions and Secretary of the Veterans Affairs says he will not tolerate such conduct. Yet the ...... ......... management has continued to do so since 2007 and is again well-documented in federal court in …..,.. and the Department of Justice Civil Rights Division who has agreed on the damages awarded.