Killing Whistleblower Retaliators at the NLRB

“They will level you to the ground — you and the children within your walls. They will not leave one stone on another, because you did not recognize the time of your visitation from God’ (New International Version, Luke 19:44).”


I am a retired United States Marine Corps Mustang. That means I enlisted in the Marines before becoming an officer. I am also a professional killer. After I left the military, I worked for small companies and large corporations where I achieved a comfortable level of prosperity. I built a reputation for being an honest, results-driven leader with high skills in software development and continuous improvement. You can read my full biography here

After learning that the U.S. federal government was planning to waste more than one trillion dollars of taxpayer money during the next decade on technology spending, I decided to leave the “sanity” of the private sector in order to serve my country again in the federal government. I believed that I could help create a government that is more secure, works better and costs a fraction of what it costs today to operate. I even created a promotional YouTube video to explain my call to public service. I was told that this video helped me get hired for my first government job at Homeland Security to modernize the national E-Verify system.1

WASHINGTON IS A DEADLY SWAMP

During my short career working at the Washington D.C. headquarters of the National Labor Relations Board, a.k.a. NLRB, I exposed more than $10 million in wasteful spending by the technology department. I uncovered extensive contract fraud by long-tenured federal government bureaucrats. I was discriminated against for being a Veteran when I reported these crimes. And I witnessed the falsification and tampering with official government records by senior officials including the NLRB Inspector General David Potts Berry and FOIA Officer Synta Keeling.

Working at the NLRB was surreal. At times, I imagined that I was working for the mafia. The NLRB has two classes of employees who work there. The workers who are too afraid to blow the whistle, and the executives who are too corrupt to be held accountable.2

WHISTLEBLOWER RETALIATION

Anyone who stands up against corrupt federal government bureaucrats will be obliterated.

After blowing the whistle on Prem Aburvasamy and Eric Marks, I was threatened and harassed. In a meeting about my complaints, Eric Marks told me that “military veterans and their styles of leadership are not welcome at the NLRB” and “directness and honesty at this agency is not part of the culture.” Marks knew that I was hired by the agency under the veteran’s preference program as a disabled veteran.

Eric Marks has worked in the NLRB technology department as a contractor or federal employee for more than two decades. In my opinion, Marks has the technology skills and leadership ability of an admin clerk who should be paid a salary of about thirty thousand dollars. Marks gets paid $162,000 per year plus federal benefits by the NLRB, and he has been paid over $2 million in compensation from U.S. taxpayers during his tenure there.

Aburvasamy joined the NLRB in 2014 as deputy CIO, and was promoted to the CIO position and Senior Executive Service by Chairman Miscimarra in May 2016.

On November 30, 2016, I made a written protected whistleblower complaint to the General Counsel, the Inspector General David Potts Berry and the entire Board at the NLRB, including the current Chairman Philip A. Miscimarra. In an email with the subject “Request for Help,” I complained that my current working environment was hostile. I literally “begged” them to halt the active retaliation that was being carried out against me by Aburvasamy and Marks for making protected whistleblower complaints.

The next day, on December 1, 2016, the NLRB Inspector General David Potts Berry launched an investigation against me, not my complaints. My co-workers, peers and some of my employees were interviewed. The entire investigation was sloppy and a farce. On December 19, 2016, I met with the Inspector General David Potts Berry who told me, “I don’t do investigations when there is no wrongdoing involved which is the case here,” referring to his investigation of me. This is substantiated by the fact that on January 3, 2017, NLRB Inspector General David Potts Berry issued a memorandum stating that he did not substantiate any of the false allegations made against me – including those that I ended up being fired for that are described below. 

None of my whistleblower complaints have ever been investigated by the NLRB Inspector General David Potts Berry or anyone else who works in the federal government.

In early February 2017, I was physically removed from my job, placed on administrative leave at home, and then I was fired in an email I received from Aburvasamy that he sent like a coward to my personal email address at 5 p.m. on April 4, 2017. My termination from federal employment was effective immediately.

According to the termination letter attached to the email, I was being fired by the federal government for two reasons.

First, it was alleged that I violated the leave policy by initially denying a leave request for an employee named Hari Sharma before I approved it.

My response to this charge stated, “According to the NLRB leave and attendance policy PER-10 pg. 16, management has the primary responsibility for determining when and the extent to which annual leave is to be granted. I denied Sharma’s leave so that I could check on his well-being, and I approved the leave he requested after I spoke with him.” 

Federal employee Hari Sharma had submitted a leave request to me after working hours at about 10 p.m. in early November 2016, for the following day. I denied his request using an online leave request system at about 11 p.m. Early the next morning, I called Sharma at home and asked if he was OK. Sharma said that he had contractors working at his home and so I suggested that he telework for a few hours so that he could dial into a meeting that I wanted him to attend. He said he didn’t want to attend the meeting, so I approved his leave.

In his termination letter firing me, Aburvasamy stated that he was sustaining this charge because he said “this conduct was improper and inappropriate.” Sharma and Aburvasamy both immigrated to the United States from India and are close friends.

In the second charge, it was alleged that during mid-year performance reviews in January 2016, for employees Ying Xing and Hari Sharma, I told them that I would keep their ratings confidential and not share my feedback about their performance with other employees.

My response to this charge explained in detail my method for conducting performance reviews and stated, “This charge is ridiculous.”

In his termination letter, Aburvasamy wrote that he was sustaining the charge because “this practice flies in the face of the efficient functioning of the federal service and there is no rational basis for you to tell employees that you will keep their ratings confidential.”3

Miscimarra, Abruzzo, Rothschild, Aburvasamy and Marks wanted me out of the agency because I was the only employee who worked there that took steps to curtail the wasteful spending that had plagued the organization for many years.  I did this by re-structuring a contract that was going to be awarded in March 2017.  The new contract would have significantly reduced licensing, maintenance and labor costs for taxpayers, and that is not what they wanted to happen.  

The NLRB is a small government agency with about 1,600 employees and obviously it was no secret that I had blown the whistle loud and clear.

During a meeting in October 2016, an Assistant General Counsel named Elizabeth Kilpatrick warned me that her boss, long tenured NLRB bureaucrat Deputy General Counsel Jennifer Abruzzo, had a long history at the agency of covering up corruption. She said, “Jennifer feels that the changes you are implementing to remove waste, fraud and abuse will reflect poorly on her past performance.” In other words, Kilpatrick was sent as an envoy to tell me that Abruzzo – a government attorney and career bureaucrat, did not want to be held accountable for wasting taxpayer money and allowing contract fraud. In my dealings with Abruzzo, I found her to be a liberal narcissist who put herself above others and acted very irrational at times.

Peter B. Robb4 was appointed by President Trump and sworn in as General Counsel of the National Labor Relations Board on November 17, 2017 for a four year term. If Abruzzo remains at the NLRB under Robb, that should be a clear signal to the world that the corruption cartel that is embedded at the NLRB will continue to be protected and allowed to work there.

Another Abruzzo comrade at the agency who played a major role in my retaliation was NLRB Deputy Executive Secretary Roxanne Rothschild. Rothschild and her husband, Bryan Burnett, together managed the team that was in charge of the NLRB’s technology investment portfolio from 2006 through December 2015. This Washington D.C. power couple managed about $16 million per year on average in taxpayer spending for technology. That comes to approximately $10,000 per employee each year for a phone, laptop computer, software applications and internet connection. And the quality of the products they purchased and implemented totally sucked. It was not hard for me or any rational outsider with business IT experience to see that there was something dreadfully wrong with the technology spending at the NLRB that Marks and Aburvasamy wanted covered up. 

In addition to the wasteful spending they carried out during Burnett’s time at the agency, another reason Rothschild took actions to have me fired was to protect her husband from being prosecuted for his poor stewardship of taxpayer money. Burnett had left the NLRB and took a job, coincidentally, as the CIO of the Equal Employment Opportunity Commission where claims of discrimination are reported. Insiders at that agency who work for him told me that his performance has been lackluster at best. Burnett and his wife are clearly swamp creatures who make a living feeding off government largesse in Washington D.C.

Rothschild gets paid $162,000 per year and Burnett is paid $170,000. Together, they rake in over $332,000 per year plus federal benefits, and have been paid over $10 million in compensation from U.S. taxpayers during their tenures.

THE CORRUPTION STARTS AT THE TOP

To instill fear of retaliation across the entire organization and continue the culture of corruption there, NLRB Chairman Phillip Miscimarra ordered what amounted to a public lynching of me, and then he directly supervised each and every step of the retaliation carried out against me by his executive team.

On January 23, 2017, Philip A. Miscimarra was named Acting Chairman of the NLRB by President Trump. Just two weeks after his appointment, I was escorted out of the building by an armed uniformed security guard like a criminal. Senior executives, my peers, junior staff and contractors were all gathered while I was still in my office in order to watch my departure. They formed a gauntlet of shame in the hallway to watch. This blatant public display of retaliation was planned and cruelly carried out by Prem Aburvasamy and Eric Marks to defame my character and diminish my credibility as a witness against them. This final act of public humiliation sent a clear message to the entire workforce that if you blow the whistle, you will be targeted and assassinated from your job.5

During my administrative leave, I remained in constant email contact with Miscimarra. Each time I informed Miscimarra of violations of the law and retaliation by his staff, which he acknowledged, the retaliation intensified.

Here are some quotes from an email that provides some context for my communications with Chairman Miscimarra.

“Chairman, I requested your help in an email to you dated Wednesday, November 30, 2016 at 9:03 AM. Two days later, on Friday, December 02, 2016, at the direction of (Abruzzo) and (Aburvasamy and Marks), NLRB Special Counsel Elizabeth Bach told me that “former military personnel are not a good fit at the NLRB” and that “certain adverse action” will be carried out against me by the agency for notifying you of my concerns. Ms. Bach carried out her threat against me within days after you were appointed Chairman by the President of the United States. The retaliation she (and the Inspector General David Potts Berry) ordered against me was formulated in secret with Deputy CIO Eric Marks and is fully documented and explained in the attachments to this email. In 25 years of exemplary military and civilian federal service, I have never seen retaliation to destroy a distinguished veteran’s career, reputation and family’s financial security so deceptively and cruelly carried out in full view of an organization’s senior leaders and junior staff. I served in the Marines for two decades, and in that organization which is the best in the world, my Generals cared more about accomplishing the mission and the welfare of their troops than their powerful positions. That is the hallmark of real leadership in public service. These people who work for you have obviously never been held accountable in the past, so I guess there is no reason for them to expect that they will be held accountable by you now.”

CORRUPT AND INCOMPETENT MANAGEMENT

The NLRB is an independent U.S. federal government agency with responsibilities for enforcing U.S. labor law. I was hired in April 2016, as Associate CIO to fix a portfolio of failing software applications that suffered for many years because of the incompetent management and corrupt practices of Abruzzo, Rothschild, Burnett, Aburvasamy and Marks.

In just two months, I had implemented many solutions to the problems that had plagued the agency for many years. I was modernizing software applications and migrating software from high cost on premise hosting to more economical commercial cloud hosting. At the time of my firing, key metrics were already showing results that included reduced system down time and increased access to applications by mobile devices. Also, many new application features for customers were being delivered without any increased costs. Productivity by my federal staff and contractors had more than quadrupled, and mission application users were delighted by the changes we made and the projects we had undertaken. 

At great personal expense, I hired an attorney and provided comprehensive material evidence to the Merit Systems Protection Board judge.  I was easily able to prove beyond a reasonable doubt that senior NLRB officials made false official statements and conspired to fabricate frivolous charges against me in retaliation for blowing the whistle.

Chairman Miscimarra, Inspector General David Potts Berry, Deputy General Counsel Jennifer Abruzzo, Special Counsel Elizabeth Bach, Roxanne Rothschild, Bryan Burnett, Prem Aburvasamy, Eric Marks, FOIA Officer Synta Keeling, and employees Hari Sharma and Ying Xing were all named as co-conspirators in my lawsuit filed with the MSPB on April 25, 2017.

I believe that all these people have committed and covered up crimes against the United States of America and should be fired, publicly humiliated and never allowed to work again in any job paid for by taxpayers for the rest of their lives.

THE SETTLEMENT

Despite being ambushed and tossed from the building, I managed to obtain copies of all the reports, documents, and emails that I needed to prove my case in court from sources at the NLRB. I also made recordings of some key meetings that support everything you have read in this article, and I made several Freedom of Information Act requests that FOIA Officer Synta Keeling has ignored.6

At the time of publication for this article, none of my FOIA requests have been legally fulfilled. In her latest email update to me dated October 19, 2017, Synta Keeling said she was still processing my requests made earlier this year.  

After I filed my lawsuit with the Merit Systems Protection Board, Miscimarra quickly settled with me and met all my demands in order to avoid accountability and publicity. I told Miscimarra that there was no way on earth that I could ever return to an agency that is so evil and corrupt. Everything that I asked for in my first settlement offer, Miscimarra agreed to without a counter offer. I was awarded a settlement by the NLRB that was ratified on May 18, 2017. I was reinstated as a federal employee, paid back pay and leave, and reimbursed for all my legal expenses. I resigned from the agency on June 6, 2017 with exactly five years and one month federal service. Miscimarra considered it a win because he did not want this case to go to court. And I agreed in the settlement to not file another complaint against the NLRB in exchange for me being allowed to publish my story.

MISCIMARRA’S LEGACY 

“‘I heard the sound of You in the garden, and I was afraid because I was naked; so I hid myself’ (New American Standard Bible, Genesis 3:10).”

On August 9, 2017, it was reported that Miscimarra would not seek reappointment to the Board for family reasons despite being encouraged by the Trump administration to do so. Coincidentally, that same day I received a phone call from an attorney who works in the NLRB Inspector General’s office who said that he was interested in investigating Aburvasamy for concealing official government records.

You can listen to that voice message here (audio starts at 9 seconds):


About an hour later, I received a call from the NLRB Inspector General David Potts Berry and he told me that he was finally going to investigate the allegations that I had made that caused me to be fired. I told David Potts Berry that under the settlement, “I agreed to not file any additional cases, claims, grievances, or complaints regarding my employment with the Agency, except regarding enforcement of the settlement should I believe the Agency has not fulfilled its obligations.”

The next day, I received the following email from Elizabeth Bach stating that I could speak with the Inspector General David Potts Berry.

After receiving this email from Bach, I never heard back from the Inspector General’s office or anyone at the NLRB about an investigation into my complaints.

There is a long history at the NLRB of Prem Aburvasamy hiring ethnic friends and there have been complaints made against him at the agency that Inspector General David Potts Berry has refused to investigate. 

click image to read NLRB IG Submission #187NLRB IG Submission #187

In late August, I contacted some of my sources inside the NLRB. They told me that my predecessor, who had left the NLRB for a higher paying job at the U.S. Patent Office, mysteriously returned to the NLRB for much lesser pay – ostensibly so that he could help Aburvasamy, Marks and Berry continue to cover-up the matter. Sivaram Ghorakavi was rehired by the NLRB and he is paid $162,000 per year plus federal benefits. Based on the disastrous state of the organization that I inherited from this guy when I arrived there, I’d characterize him as a loser with all caps. Ghorakavi is from India of course, and just like his buddy Sharma, is close friends with Aburvasamy. 

click image to read NLRB IG Submission #197NLRB IG Submission #197

This article explains why Phillip Miscimarra, who was appointed by President Obama departed the federal government at the end of his term as the Chairman of the National Labor Relations Board on December 16, 2017, despite being asked by President Trump to serve another term.

If the victims of sexual assault are whistleblowers, then I was gang-raped by Phillip Miscimarra. Please share my story. Help expose Whistleblower Retaliation @NLRB


Read Related Articles:

Killing Prem Aburvasamy and Eric Marks
Jennifer Abruzzo Resigns from NLRB


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NOTES

  1. The 2011 video called “HOW TO CUT DEFENSE SPENDING RIGHT NOW” explains how to modernize legacy information systems and reduce federal technology costs by simplifying government processes and reusing DoD solutions in civilian U.S. federal agencies. E-Verify is an Internet-based system that compares information from an employee’s Employment Eligibility Verification Form I-9 to data from the U.S. Department of Homeland Security and Social Security Administration to confirm employment eligibility.
  2. See “Obama pick for NLRB was top lawyer for union tainted by mob ties, history of corruption
  3. See U.S. Merit Systems Protection Board docket number DC-0752-17-0467-I-1 / John S. Edwards v. National Labor Relations Board / for case documents and material evidence to substantiate all allegations against named individuals in this article.
  4. Peter B. Robb (born 01/24/1948) and wife Kathleen K. Robb (born 06/07/1949) – reside at 141 Piney Brook Way, Brattleboro, Vermont; and Sutton Place, Longboat Key, Florida.
  5. See request ID: LR-2017-1264 / made under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, dated March 25, 2017 and received by NLRB FOIA Officer Synta Keeling on March 27, 2017 / to corroborate  the request for the names,  position  titles,  grades,  email  address  and phone  numbers  for  all  staff employed by the NLRB on February 7, 2017, and contractors and visitors who were present in the headquarters office located at 1015  Half  Street, S.E. 3rd Floor,  Washington,  D.C. at any time during that day. As of November 30, 2017, no response has been received for this FOIA request from the NLRB FOIA Branch. Also see note 3 for corroboration.
  6. See NLRB FOIA tracking numbers: LR-2017-1152, LR-2017-1264, LR-2017-1283, LR-2017-1297, and LR-2017-1313.