UPDATE – Counsel Asked to Reverse Recent Raft of Blanket Nondisclosure Policies  View or Download Original  PDF



Press Release
For Immediate Release:  Thursday, October 8, 2015
Contact:  Bill Hopkins [NWSEO Executive Vice President] (202) 420-1045;
Kirsten Stade [PEER] (202) 265-7337


Washington, DC — National Weather Service employees face growing restrictions on their ability to disclose information about the inner workings of their agency, according to a complaint filed today by the National Weather Service Employees Organization (NWSEO) and Public Employees for Environmental Responsibility (PEER).  They contend these gag orders are illegal and are pressing U.S. Special Counsel Carolyn Lerner to lift these nondisclosure policies and take action against responsible officials.

A key provision of the Whistleblower Protection Enhancement Act of 2012 curbed the use of blanket nondisclosure policies or agreements, otherwise known as “gag orders,” implemented by federal agencies. The act lays out specific exceptions which must be included as a part of any such confidentiality directive.

“..The National Weather Service knows it’s unethical for union representatives to keep critical information from the employees they represent. By the very nature of a union, we are bound to communicate with our members and include their input on decisions affecting their jobs,” said NWSEO Executive Vice President Bill Hopkins. “As a taxpayer, I find it highly disturbing that a government agency continues to push gag orders to hide how they operate. This is the work of the American government, owned by the American public, and should be open to the American public…”





















The complaint cites three gag orders issued in recent weeks by the National Weather Service and its parent agencies, the National Oceanic & Atmospheric Administration and the Department of Commerce. These orders forbid disclosure of information arising out of:


  • Organizational planning.  This confidentiality order forbids disclosure of anything about the Weather Service Organization Workforce Analysis, which has the effect of muzzling any revelations about agency planning and the rationale for planned actions;
  • Grievance settlements. In July, the Commerce General Counsel instituted a policy that any settlement of grievances must include a nondisclosure clause. While it has an exception for “whistleblower cases” that exception comes nowhere close to meeting requirements of the WPEA and would block release of grievances involving actions by agency managers which constitute violations of law or regulation, waste of funds, mismanagement or abuse of authority; and
  • Collective Bargaining. The National Weather Service has just added a confidentiality clause to its ground rules for Collective Bargaining Agreement negotiations which requires that all information about the CBA bargaining process must be held “confidential.”


“..The National Weather Service is about the last place where national security-style secrecy rules need to be enforced,” stated PEER Executive Director Jeff Ruch, noting that the broad scope of the gag orders put much of what goes on inside the agency under wraps. “Everyone is free to talk about the weather except for the people working inside the National Weather Service. Go figure…”

Imposition of a nondisclosure policy or order not meeting WPEA requirements is classified as a “prohibited personnel practice” contravening fundamental tenets of the federal merit system. The Office of Special Counsel has enforcement powers to abate such violations, including seeking disciplinary action against officials who commit them.















Read the complaint

View Whistleblower Protection Enhancement Act anti-gag language

See Organization Workforce Analysis nondisclosure agreement

Learn about grievance gag policy

Examine Collective Bargaining confidentiality provision

Source. http://www.nwseo.org/member_news.php

Referenced. [1].(NWS) = National Weather Service –   Address. 1325 East West Highway, Silver Spring, MD 20910. http://www.weather.gov [2].(NWSEO) = National Weather Service Employees Organization NWS Employees Org  On Twitter @NWSEO  http://www.nwseo.org/ [3]. (NOAA) – National Oceanic and Atmospheric Administration http://www.noaa.gov [4]. http://www.peer.org/news/news-releases/weather-service-employees-tethered-by-illegal-gag-orders.html [5]. Whistleblower Protection Enhancement Act of 2012 – http://www.state.gov/s/ocr/205593.htm / Reference: Public Law 112-199: http://www.gpo.gov/fdsys/pkg/PLAW-112publ199/pdf/PLAW-112publ199.pdf The Whistleblower Protection Enhancement Act of 2012 was signed into law in November 2012, and provides that the implementation and enforcement of nondisclosure agreements by the Department shall be consistent with the existing statutory framework for whistleblower protections, as set forth below. [6].The Whistleblower Protection Act of 1989, Pub.L. 101-12 as amended, is a United States federal law that protects federal whistleblowers who work for the government and report agency misconduct. A federal agency violates the Whistleblower Protection Act if agency authorities take (or threaten to take) retaliatory personnel action against any employee or applicant because of disclosure of information by that employee or applicant. Whistleblowers[1] may file complaints that they believe reasonably evidences a violation of a law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety.https://en.wikipedia.org/wiki/Whistleblower_Protection_Act [7].In January, 2011 E.L. Rothschild LLC Acquired a Majority Stake in Weather Central, LP.  /E.L. Rothschild LLC Acquires a Majority Stake in Weather Central, LP http://www.reuters.com/article/2011/01/31/idUS224989+31-Jan-2011+BW20110131#duLpvEPkS9HLppwB.97








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