The following is the initial occurrence leading up to the class EEOC and OSC allegations that began the reprisals and hostile work environment listed in this case. The radio technician met with the SFFD ASAC and SOO to discuss radio resources. The ASAC demanded without discussion that the SFFD have access to Customs radio sector resources. The technician explained that the decision to discontinue this application was not within his authority that it was a HQ funding decision and controlled by an MOU and that it would be illegal to add the channels without authorization.
At this point the abusive verbal attack occurred with the ASAC expressing his anger through the use of extreme profanity. The technician again explained that the service was deemed far too costly by HQ. The ASAC then again used profanity in essence blaming the technician for negatively impacting agent safety. The ASAC again became verbally abusive indicating that the SOO had verbal permission to use sector.
The ASAC then expressed he had the authority to issue a direct order to the technician to add the radio channels because the technician was assigned to the SFFD and that it was irrelevant that the technician reports to HQ. The technician again reminded the ASAC that he was under direct orders from HQ NOT to install the channels. With extreme profanity, the ASAC again expressed his anger and said that if he "...waited on HQ, nothing would ever happen".
The ASAC then threatened that if this unlawful order was reported up the chain and the AD was made aware, he would make sure the technician paid for reporting it. The technician was then threatened with a punitive transfer to Washington D.C. for following Bureau policies, procedures, MOUs and direction from his immediate supervisors. The meeting ended with the ASAC repeating the unlawful order and to be advised once this occurred.
The Radio technician, is currently a 34-year federal employee, and has worked onsite at the SFFD from the time he came to ATF in February of 2002. He was extremely skilled and productive and was well liked as evidence by ALL good evaluations including his mid-year evaluation on March 2008
After his punitive transfer and while working at Benicia he had a single episode of breathing distress caused by toxic petroleum chemicals in the air from nearby petroleum processing plants.
April 2008 while he was away from his office he was told to never return to Benicia and to work out of the field division. Thus, he had no access to tools, equipment and files that he needed on a daily basis. He in essence began to be punished by the SFFD managers for challenging the counterproductive assignment to an otter location.
April 2008 based on medical advice from his doctor, he requested a reasonable accommodation to move his duty station back to division. Since then he has been under constant reprisals and attempts at character assassination by SFFD and HQ management.
On April 10, 2008 he was transferred to Oakland on a" temporary basis", but is remains at this location. His work space in Oakland were filled wall to wall with unwanted junk furniture and did not contain even the bare necessities for him to perform his duties.
The technician's honesty and integrity were called into question by his HQ managers when a single error on an inventory was found. This single error was highlighted during the same inventory that the Special Agent in Charge admitted to HQ that the SFFD inventory has been poorly managed for years and he had no solution or explanation for many missing items to include sensitive items. SFFD managers attempted to retroactively scapegoat the technician for their own prior failures to follow property transfer procedures.
In July 2008, he was given a second mid-year evaluation for FY08. The rating was "fails", only after challenging the SFFD management's portrayal of his performance, challenging the punitive transfer and requesting a reasonable accommodation.
On February 2, 2009, he was given his annual evaluation for FY08. The rating was "fails". On April 14, 2009, he was given another mid-year evaluation for FY09. The rating was "fails".
These ratings beg to question, how did a 34-year employees skills and abilities and performance diminish overnight? When weighed against the other abusive management practices both within the SFFD and the radio branch, it is clear investigation and examination of the way ATF radio branch management does business is warranted. The hostile work environment continues.
