George H. Cohen, Director of Federal Mediation and conciliation service, FMCS fraud, FMCS waste, FMCS abuse of management authority, FMCS gross mismanagement of government funds, FMCS OSC Complaint, FMCS MSPB complaint, FMCS Washington Examiner Articles of Waste and Fraud, FMCS Federal Times Article - Whistleblower, FMCS Prohibited Personnel Practices, FMCS Case File Emails, FMCS untruthful statement by Presidential Appointee George H. Cohen

1. An Analysis of the October 2013, Washington Examiner Article
communications response by:
George H. Cohen, Director of FMCS
Internal, non-confidential, email communications from George Cohen,
Director, FMCS, on October 24, 2013 to the employees of Federal
Mediation and Conciliation Service, (FMCS), in response to Washington
Examiner, 5-Part Series, October 1 thru October 7, 2013
*Note the words in bold and highlight of the statement are explained
below through definitions that contradict the truthfulness of the
“official” statement by the FMCS Director, George H. Cohen*
Consisting of 2 files:
Part I – the Analysis of Director Cohen’s Statement
Part II – excerpt from the thousands of pages that reflect the
official complaints, emails (conflicts Mr. Cohen’s statements), obtained thru discovery, FOIA,
and excerpts from public domain, FMCS Website
1

2. Table of Contents
An Analysis of the October 2013, Washington Examiner Article communications response by:................ 1
George H. Cohen, Director of FMCS ......................................................................................................... 1
Internal, non-confidential, email communications from George Cohen, Director, FMCS, on October 24,
2013 to the employees of Federal Mediation and Conciliation Service, (FMCS), in response to
Washington Examiner, 5-Part Series, October 1 thru October 7, 2013 ..................................................... 1
*Note the words in bold and highlight of the statement are explained below through definitions that
contradict the truthfulness of the “official” statement by the FMCS Director, George H. Cohen*............. 1
Proposition: ..................................................................................................................................... 3
Background: .................................................................................................................................... 3
Key Words and Definitions: .............................................................................................................. 3
Federal Personnel Rules – excerpt - 42 C.F.R. Part 2; Freedom of Information Act (FOIA) ................. 3
Exception ......................................................................................................................................... 3
Privacy Act ....................................................................................................................................... 4
Analysis of: The Statement issued on October 24, 2013 by George H. Cohen ................................... 5
Watchdog: Just Sign Here ............................................................................................................................. 7
A five-part series by the Washington Examiner watchdog team ....................................................... 7
Bureaucrats at tiny federal agency FMCS buy legions of luxuries with purchase cards ..................... 7
Reckless spending goes straight to the top at FMCS ......................................................................... 7
FMCS executives forced whistleblower to retract fraud complaint ................................................... 8
Federal officials cede power to contractors who write themselves sweetheart deals .......................... 8
Wounded vet blew whistle on FMCS, rewarded with pink slip, harassment ...................................... 8
Statement from FMCS in response to the Examiner's questions ........................................................ 8
Elements in this series ...................................................................................................................... 9
Got tips? .......................................................................................................................................... 9
FEDERAL MEDIATION & CONCILIATION SERVICE SALARIES, 2012 ...................................................... 9
Whistle-blower on leave; culprits off 'scot-free' ............................................................................. 10
Comments for .............................................................................................................................. 12
Whistle-blower on leave; culprits off 'scot-free' ............................................................................ 13
2

3. Proposition:
The official statement made by the President of the U.S. appointee, Director George Cohen, who
is also a registered ABA attorney in the District of Columbia, made is false in content, is
misleading, and was structured to deflect the current negative situation of his Agency.
Background:
From October 1, 2013 thru October 7, 2013, the Washington Examiner featured a five-part series
on Federal Mediation and Conciliation Service (FMCS), 2100 K Street, NW, Washington, DC
on outstanding allegations, substantiated by the review of thousands of pages of documents
secured by discovery and information contained in the following official complaints and records:

Case Numbers: Information accessible through the Freedom of Information Act (FOIA)
and public records from case numbers: Office of Special Counsel (OSC): OSC DI-12523, OSC MA-12-019 & OSC MA-12-2422 prohibited practices, fraud waste and abuse,
gross mismanagement of funds and government property charges outline: Merit Systems
Protection Board (MSPB) Case #DC-0752-13-0152-I-1.

Federal Equal Opportunity Employment Cases #FMCS-003 and #FMCS-002, Reports of
Investigation Equal Employment Opportunity Complaint; Congressional Inquiry
Documents of Congressman Van Hollen of Maryland

Academic paper, Case Analysis: Toxic Leadership, presented for review at the THIRD
International Conference on Engaged Management Scholarship, Atlanta, GA, September
2013.
Key Words and Definitions:
Federal Personnel Rules – excerpt - 42 C.F.R. Part 2; Freedom of Information Act (FOIA)
FOIA covers information that an individual requests about someone else or something that is not
specifically about the requesting individual. Under the provisions of FOIA, agencies must release
to a requester all agency-held information on the requested subject unless it is protected by one
of several specified exemptions. With respect to requests for information dealing with the
performance of other employees, one such FOIA exemption prohibits agencies from releasing
such information. This exemption holds that FOIA provisions do not apply to matters that are in
"personnel and medical files and similar files, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy" (5 U.S.C. 552(b)(6)). In other words, because of the
personal nature of performance information, FOIA protects the rated employee's privacy.
Exception
If, however, an agency receives a court order signed by a judge ordering the release of
information, it must do so. If an agency receives the same kind of order from an administrative
law judge or an arbitrator, the agency decides whether to honor the order.
3

4. Privacy Act
The Privacy Act covers information that individuals request about themselves that is
Government-held information contained in a system of records. A system of records is defined
by law as "...a group of any records under the control of any agency from which information is
retrieved by the name of the individual or by some identifying number, symbol, or other
identifying particular assigned to the individual" (5 U.S.C. 552a(a)(5)).
Misleading – deceptive, ambiguous, confusing, false, disingenuous
Spurious – meaning false, bogus, fake, forged, counterfeit, imitation, specious, unauthentic,
sham, illegitimate, phony
Whistleblowers – anyone who reports any prohibited practices or unethical behavior to the
proper authorities.
See attachments that contradict the truthfulness of Mr. Cohen’s Statement
4

5. Analysis of: The Statement issued on October 24, 2013 by George H. Cohen
Dear FMCS Colleagues:
As some of you are no doubt aware, beginning on October 1, the Washington Examiner published a
series of articles that we believe to be misleading and filled with errors. The articles focused on
allegations made by a former employee, and reiterated by another former employee, who were
purported to be “whistleblowers.” As with a previous article covering many of the same
allegations, we did not comment on the specific matters raised by the reporter because, as you
know, the Agency is prohibited under Federal Personnel rules from discussing specific personnel
matters involving Agency employees.
Comment [SCP1]: The documents supported at
attachment “A” show that the Washington
Examiner and Federal Times Article are indeed true.
Comment [SCP2]: According to the definition,
the whistleblowers met the legal criteria by
reporting unethical behavior… Thus, this statement
of “purported” is also untrue. The whistleblowers
affirmed that this statement is untrue by the Case
Numbers Reported: Case Numbers: Information
accessible through the Freedom of Information Act
(FOIA) and public records from case numbers: Office
of Special Counsel (OSC): OSC DI-12-523, OSC MA12-019 & OSC MA-12-2422 prohibited practices,
fraud waste and abuse, gross mismanagement of
funds and government property charges outline:
Merit Systems Protection Board (MSPB) Case #DC0752-13-0152-I-1
Since this article, like the one published previously, attacks the reputation of FMCS and of a number
of our employees by name, there are some matters that are important for you to know. First and
foremost, I am personally offended that many of our colleagues were made the subject of these
spurious allegations without any kind of corroborating investigation or even so much as a
phone call from their accusers to check the facts. I can assure you that as soon I was informed of
the initial allegations by the employee identified as the source, we took immediate action in
response, and I simultaneously notified the employee of my action.
The actions I directed, with the support of Agency leadership, included taking steps to ensure that
the Agency’s internal processes and procurement practices met federal regulations. Additionally,
after we took those steps and in response to additional concerns raised, I immediately sought a
review by an outside, independent authority. That independent reviewer investigated the allegations
and concluded by recommending some process and procedural changes. The Agency took steps
immediately to implement those changes. The reviewer specifically did not advise any disciplinary
action, noting that the individuals who appeared to be responsible for the practices reviewed were
no longer employed by FMCS. In the course of following the reviewer’s advice, the Agency did refer
one matter to an outside agency for investigation. FMCS cooperated fully in that investigation,
which has subsequently been closed with no finding of wrongdoing by the Agency or any individual.
All of these matters have been extensively scrutinized and, since the conclusion of the independent
review and investigation, the Agency has been the subject of an independent audit with no negative
findings.
Nothing has altered my view, as communicated to you the last time an article appeared rehashing
these allegations. All of us at FMCS take great pride in our outstanding record of accomplishment
and this Agency’s hard-won reputation for excellence. While the recent media attention is
regrettable, it by no means alters the true facts of our record as an agency and certainly not the
standards and values that we uphold on a daily basis. Ironically, I am sending this memo shortly
after the extraordinary efforts of Commissioner Greg Lim, working closely with Scot and me, resulted
in the resolution of a strike that highlights the importance and value of the work FMCS does every
day. The BART strike, during which 2 employees tragically lost their lives, negatively impacted over
5
Comment [SCP3]: Exceptions to this Federal
Rule are unlawful and criminal acts that can be
reported… The use of this as an “excuse” not to tell
what has been reported to law enforcement is just
that – an excuse
Comment [SCP4]: Spurious, according the
definition provided indicates that Mr. Cohen is
calling everyone “else” a liar and that there are no
records, in official capacity, as noted in the above
case numbers, to support these allegations… Again,
Mr. Cohen has decided to purposely withhold the
truth from his own staff. Instead, he has reiterated
what the whistleblowers have said all along… attack
those who will not comply with the unethical and
prohibited personnel practices of FMCS.
Comment [SCP5]: Not true, the investigator
limited his inquiry to information provided by FMCS,
as the Washington Examiner paper disclosed, these
employees “are” still employed by FMCS!!
Comment [SCP6]: Not true, refer to OSC case
files
Comment [SCP7]: Not true, check out
attachment 2, section II
Comment [SCP8]: If anything said in the media
where not true, rest assured that FMCS’ legal team
would be all over it…
Comment [SCP9]: See attached records –
excerpt from the above mentioned official
complaints that show, by name, direct actions –
emails, as well as financial reports, section II

6. 400,000 commuters per day and resulted in an estimated economic loss of over 70 million dollars per
day.
We will continue to strive for excellence each day and to maintain the high standards for integrity
and commitment to duty that have always distinguished FMCS. We welcome your input, questions,
and the continuation of your valued suggestions for improvement.
Comment [SCP10]: Not true, if this letter is an
indicator of the high standards for integrity and
commitment, then FMCS still has a long road ahead.
Sincerely,
George
George H. Cohen
Director
Federal Mediation and Conciliation Service
Refer to Attached excerpts of documents that reflect this statement is not true
6

7. Watchdog: Just Sign Here
A five-part series by the Washington Examiner watchdog team
Share on print Share on email
88
Bureaucrats at tiny federal agency FMCS buy legions of luxuries with purchase
cards
BY LUKE ROSIAK | 10/01/13 12:11 PM
Part one of a five-part Washington Examiner series, "Just Sign Here: Federal Workers Max Out at Taxpayer Expense." See the entire series
at this link. One federal employee leased a $53,000 take-home car with taxpayer money in apparent defiance of federal regulations and
regularly billed the...
Read More…
Reckless spending goes straight to the top at FMCS
BY LUKE ROSIAK | 10/02/13 11:02 AM
Top officials of the FMCS lavished taxpayer funds on themselves, made the phantom company of a recently retired employee one of their
largest vendors and spent tens of thousands of dollars on storage spaces near their homes. Part two of a five-part Washington Examiner
series.
Read More…
7

8. FMCS executives forced whistleblower to retract fraud complaint
BY LUKE ROSIAK | 10/03/13 12:02 PM
FMCS employees' use of purchase cards amounted to rampant violation of federal procurement law, specialists say, and when an employee
wrote to the GSA to ask for a compliance review, the agency director and another top official forced her to send a “retraction.” Part three of a
five-part...
Read More…
Federal officials cede power to contractors who write themselves sweetheart deals
BY LUKE ROSIAK | 10/04/13 07:46 AM
Officials at theFMCS effectively ceded control to outside contractors who helped write their own contracts and became angry when asked to
compete for work, according to official emails reviewed by the Washington Examiner. Part four of a five-part Washington Examiner series.
Read More…
Wounded vet blew whistle on FMCS, rewarded with pink slip, harassment
BY LUKE ROSIAK | 10/07/13 05:11 AM
Weeks after Tanya Pelcher-Herring told oversight bodies that the Federal Mediation and Conciliation Service was breaking federal
contracting rules and wasting tax dollars, the agency terminated her employment for not reporting to work.
Read More…
Statement from FMCS in response to the Examiner's questions
"These items which the Examiner is inquiring about appear to have been the subject of a now-settled employment dispute involving a
disgruntled FMCS employee. These purchasing issues were addressed in the settlement, but must remain confidential under federal
personnel rules, as noted, in the absence of a release from the employee.
"When FMCS became aware of this employee's concerns about the Agency's procurement practices, we took immediate actions. These
actions included taking steps to ensure that the Agency's internal processes meet federal regulations. Additionally, we obtained a review by
an outside, independent authority regarding FMCS procurements made over a period of years. We conducted a prompt and thorough
investigation and a review of our own internal processes. With the settlement of the employment dispute, the conclusion of our own
investigation and reviews by outside authorities, the allegations were dropped and outside authorities indicated they would take no further
action."
8

9. Elements in this series
Tuesday: Bureaucrats at tiny agency buy legions of luxuries with purchase cards
Wednesday: Reckless FMCS spending goes straight to the top
Thursday: FMCS heads forced whistleblower to retract fraud complaint
Friday: Federal officials cede authority to outsiders who write own contracts
Monday: FMCS fired whistleblower wounded vet after ICU stay
Got tips?
Do you know more about what's going on at the FMCS -- or any other federal agency? Contact Luke Rosiak at
lrosiak@washingtonexaminer.com.
FEDERAL MEDIATION & CONCILIATION SERVICE SALARIES, 2012
9

10. Whistle-blower on leave; culprits off 'scot-free'
Jun. 23, 2013 - 06:00AM |
By SEAN REILLY | Comments
Federal Mediation and Conciliation Service whistle-blower Berkina Porter, shown with her attorney, Kevin Owen, discusses agency
procurement abuses. (Mike Morones / Staff)


Personnel
Labor Management Relations
When Berkina Porter took the job of director of administrative services at the Federal Mediation and
Conciliation Service in January 2010, she figured she would retire from there. But within months, she
found that the agency was leasing a Lincoln MKS luxury sedan with an employee’s purchase card,
spending extra for access to the Golf Channel and paying a company linked to a former employee more
than $20,000 to do work with no contract on file.
In February 2012, an inspector general’s review substantiated Porter’s allegations that agency personnel
had improperly used their purchase cards. But by that point, the agency had placed her on paid
administrative leave as a prelude to her planned dismissal and Porter was seeking protection from the
Office of Special Counsel as a whistle-blower. Under the terms of an OSC-brokered March settlement,
FMCS will keep paying Porter her $136,000 salary for up to another year while she looks for full-time
work. FMCS, which is furloughing employees because of sequester-related budget cuts, also agreed to
cover Porter’s attorney fees and pay her $72,500, which will be parceled out in the form of an annuity
starting in 2016 that will pay her $508 per month for the next 15 years and four months. The annuity — in
lieu of a lump-sum damage award that would have been subject to much higher income taxes — is in
addition to her federal pension. Neither side admitted wrongdoing.
Porter and her attorney, Kevin Owen, said they know of no agency officials who have been disciplined
over the epsiode.
While Porter, 52, fears the episode may end her federal career, others at the agency have gotten off
“scot-free,” she said in an interview.
An independent agency founded in 1947 with field offices around the country, FMCS is charged with
helping to settle strikes and other labor disputes. Early this year, for example, it helped end the impasse
between the National Hockey League and the players union that forced the cancellation of hundreds of
games in the 2012-2013 regular season.
The agency’s director, George Cohen, an Obama administration appointee who has headed the agency
since October 2009, declined to be interviewed or to respond directly to written questions from Federal
Times on FMCS’s handling of Porter’s case, its management practices or whether anyone has faced
sanctions over the case. However, the agency took “immediate actions” to meet federal regulations after
Porter raised concerns about the agency’s procurement practices, including bringing in the IG to conduct
an independent review, Cohen said in a statement.
10
Comment [SCP11]: This car was not replaced
by the Agency until the whistleblowers made their
complaints public
Comment [SCP12]: If the statements were
untrue, then why was there a settlement?

11. “More generally, you may be assured that when an FMCS employee raises concerns that call any agency
practices into question, we take those concerns very seriously,” Cohen said.
But Porter’s account — buttressed by hundreds of pages of records — suggests that Cohen and other
senior officials at first impeded her efforts to make changes and then retaliated. In an April letter to Porter
closing out her case, the Office of Special Counsel said its investigation had found evidence that FMCS
officials “took and proposed personnel actions at least in part because of your protected activity,” a
reference to whistle-blowing. OSC declined to clarify whether it was referring to Cohen.
For Porter, a Virginia native who started her career more than 30 years ago as a temporary GS-3
clerk/typist with the Navy, the FMCS GS-15 job was supposed to cap a steady ascent that included
assignments with the Coast Guard and Justice Department. With responsibility for contracting, property
management and other areas, it was also an opportunity to put all her skills to work, she said. “I thought it
was going to be really, really wonderful.”
What she found instead dismayed her. FMCS, with headquarters in downtown Washington, was spending
about $9,000 annually for Deer Park bottled water even though federal rules generally bar the practice.
The agency’s DirecTV service included an extra $29.95 monthly charge for the Golf Channel. And
although about two dozen of the agency’s approximately 240 employees had purchase cards, none had
the required authorizations or training on how to use them.
While agencies are supposed to go though the General Services Administration in procuring cars, for
example, FMCS was using a purchase card to make monthly payments on a $29,400 three-year Lincoln
MKS lease, a copy of the agreement indicates.
The purchase card making those monthly car payments belonged to Marcus Lawson, an agency
customer service specialist. In an interview, he confirmed that Porter flagged the payments and other
“questionable” agency practices. “As far as I know, that was the nature of the way things were going on at
the time,” he said, referring to the vehicle lease.
“In my eyes, it [Porter’s management approach] was a positive,” Lawson said.
Porter also halted payments to a Pennsylvania company called The Papers Edge, which had received
almost $21,000 for phone system installation and other services in 2009, purchase card records indicate.
But Porter couldn’t find any invoices or a contract showing what the firm was supposed to do. According
to online corporation records, a company principal is Chuck Burton, who retired from FMCS several years
ago. Repeated efforts to reach Burton at the company’s listed phone number were unsuccessful.
Also retired is Dan Funkhouser, Porter’s immediate predecessor as administrative services director. In a
phone interview last week, Funkhouser did not dispute that Burton’s company worked for the agency, but
could provide no details on what it did.
“I just don’t remember, and I would feel uncomfortable trying to remember,” Funkhouser said, noting that
he no longer has access to FMCS records. He also declined to discuss other management issues raised
11
Comment [SCP13]: Cohen continues to forget
that there are records to support the truth, while he
continues to publish statements that do not reflect
the truth past and “current”
Comment [SCP14]: Regardless of whether OSC
declined to comment or not, if it is referred to the
Agency, then it must also be referring to the Agency
Leadership – You cannot be a leader and accept the
good things and cower when the bad things are
brought to light.

12. by Porter that date back to his tenure. “It’s been too long,” he said. “I have my opinions about Ms. Porter,
but that’s better coming from somebody that actually worked with her.”
Within six months of taking the job at FMCS, Porter’s unease with the agency’s handling of purchase
cards had reached the point that she agreed with an employee’s idea to report the problems and seek
training help from GSA, which sets policy for the program as a whole. When her superiors found out, she
said, “all hell broke loose.” Cohen, she said, told her not to go outside the agency; she was soon given a
four-page “memorandum of counseling” by her immediate supervisor, Chief Financial Officer Fran
Leonard. Leonard and other top managers also declined comment.
Over time, the friction escalated. In early 2011, Porter, who is black, said she learned that senior officials
planned to hire a white man to fill a newly created position to oversee her procurement work. They
backed off, she said, after she filed a discrimination complaint.
After she turned to OSC for help late that year, FMCS officials began an investigation of her performance,
Owen said. In January 2012, Porter was placed on administrative leave and walked out of the building
without explanation. According to Owen, the agency later said she failed to disclose a 2009 bankruptcy
on a required financial disclosure statement, even though the statement, known as an Office of
Government Ethics Form 450, does not specifically mandate that bankruptcies be reported. She has been
on paid leave ever since.
A little more than a year before being placed on administrative leave, Porter had unsuccessfully sought a
Government Accountability Office investigation into the agency’spurchase card use and other activities.
Cohen again rebuked her for going outside the agency, she said, but agreed to a review of the purchase
card program. Because FMCS lacks its own inspector general, he turned to David Berry, IG for the
National Labor Relations Board.
In a February 2012 letter to Cohen dated about two weeks after Porter was put on leave, Berry verified
that purchase cards had been used “to circumvent FMCS procurement process and other internal
controls.” Besides the Golf Channel subscription, Berry noted that the agency had been using purchase
cards to pay for some employees’ home Internet service without adequate justification and had written
checks from the purchase card account for what “appeared to be ‘holiday’ bonuses” for maintenance staff
at the agency’s headquarters.
While FMCS seemed to be getting the program under control, Berry said, his letter also noted that he had
spoken to FBI agents. He declined to comment last week on whether he was aware of any criminal
investigation; an FBI spokesman would not confirm or deny the existence of an inquiry. Owen would say
only that he and Porter have been in contact with federal investigators.
Apart from a part-time teaching job with a private university, Porter said she has not worked since last
year. Despite applying for numerous federal positions, she has gotten no callbacks or interviews. Her
tenure at FMCS, she said, may have left her permanently “blackballed.”
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12

13. Whistle-blower on leave; culprits off 'scot-free'
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Sharon Kurash · Top Commenter
Instead of blackballing an employee who has an eye to following proper financial procedures,
EVERY SINGLE supervisor who tried to obstruct her should be immediately terminated and
lose their pension. That would send a message to the cheaters out there who try and ruin a
persons career when they are trying to do the right thing. That woman should be overseeing the
Military procurement program at one of the major branches and given a big fat pay raise.
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· June 24 at 4:34pm
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Deborah N Edward Smith · Virginia Union University
Why do we have whistle blower clauses just for the whistle blower to be the one to be penalized.
The government is supposed to be for the people by the people. If the average citizen did half of
the actions taken by personnel in this story they would be in jail. If the head is corrupt how can
you justify penalizing the body. In this case Mrs. Porter is being punished for doing what's right
and we as the people need to call the head into accountability for it's action. We must speak out
because our silence means we consent. Mrs. Porter is just one of many whistle blowers who have
suffer such disgraceful treatment for following the rules. WE MUST SPEAK OUT! We want
Justice!
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· June 25 at 8:08am
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Charles Patterson · Works at US Postal Service
Every employee found to be stealing government monies should be removed and prosecuted to
the fullest extent of the law. What good is the whistle-blowing laws if this the consequence.

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Cynthia D. Washington
So excited about creating our Waste, Fraud and Abuse Division WFASTOP
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· June 25 at 4:25pm
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Ken Huffman · Top Commenter
SOP! Findings of the IG should have carried more weight. Porter's fortunate the involved IG was
from a different agency. Apart from being generally lazy, non proactive, and often incompetent,
they tend to become duplicit with agency management.
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· June 23 at 7:38pm
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17. Submit Query
Wayne Barrette
Can we really sustain viably this way?
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· June 24 at 1:29pm
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Wayne Barrette
My keyboard on this damn device is going to drive me insane. Viability is what that should say.
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· June 24 at 1:34pm
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Robbie McDuffie · Strayer
This is injustice; how can you blame a person who is standing up for right and doing her job.
Where is the person who's place she took, oh; I forgot he has retired and he doesn't remember.
Ms. Porter walked into a job that was corrupted from the word "go". This woman needs to be
reward instead they are throwing her under the bus. Keep your head Ms. Porter.
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· June 26 at 4:42pm
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Kevin Glover · Top Commenter · Theodore Roosevelt High School
INTEGRITY AND FAITH BEFORE ALL ELSE, NUFF SAID!
Reply · 1 · Like
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· June 25 at 6:36pm
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