NTEU’s Kelley Demands FDA Apology For Mischaracterizing Employee Views

Press Release July 26, 2007

Washington D.C.—The leader of the union representing Food and Drug Administration (FDA) employees has demanded an apology from a senior FDA official for mischaracterizing the congressional testimony of agency employees as an attack on the expertise and professionalism of their colleagues.

In a letter to FDA Associate Commissioner Margaret Glavin, President Colleen M. Kelley of the National Treasury Employees Union (NTEU) took strong issue with an e-mail message from Glavin to employees in FDA’s Office of Regulatory Affairs (ORA) suggesting that July 17 House testimony questioning FDA’s ability to protect the nation’s food supply was meant to reflect badly on other ORA employees.

“As I, members of Congress and panelists at the recent hearing have repeatedly pointed out, the limitations FDA faces in protecting food safety are due to failures of policy, not personnel,” Kelley said.

The policy failures include a proposal by FDA management to close seven of the agency’s 13 filed labs around the country. President Kelley—joined by growing bipartisan opposition in Congress—has been leading the fight to keep these labs open. The labs are part of ORA and an essential component of our country’s food and medical safety system. Any closure of FDA labs would result in the loss of experienced scientists and others who would likely leave government service as their labs close.

At the hearing, a group of panelists composed of FDA employees and two outside food experts responded to a question regarding the agency’s ability to respond to food safety issues. The lawmaker posing the inquiry noted that he was not questioning the dedication, expertise or commitment of FDA employees. Many of the panelists echoed the congressman’s support for FDA employees, emphasizing that management issues, pending reorganizations and a lack of resources were at the heart of the problems with the food safety system.

“I find your mischaracterization of this matter indicative of a lack of understanding of the results that will be caused by this reckless proposal to close the labs. One cannot truly appreciate or be proud of the work of employees when one is proposing to close their laboratories and terminate their employment,” President Kelley wrote.

Glavin also came under sharp fire from Rep. John Dingell (D-Mich.), chairman of the House Energy and Commerce Committee, and Rep. Bart Stupak (D-Mich.), chairman of its Oversight and Investigations Subcommittee, for her message to employees.

In a letter to FDA Commissioner Andrew von Eschenbach, the legislators—who are actively opposing the lab-closings proposal—said her “central message appears to be that dissent within the ranks will not be tolerated.”

This, they added “is tantamount to retaliation for her employees’ sworn testimony to Congress,” calling that “a clear violation” of the stated policy of the FDA commissioner to protect the rights of agency employees to express dissenting opinions to Congress.

With respect to Glavin, Reps. Dingell and Stupak called on von Eschenbach to “evaluate her future in the position of directing FDA field staff.”

Meanwhile, just a day after the subcommittee hearing, the House Appropriations Committee approved language in the fiscal 2008 agriculture funding bill that would prevent the lab closings. President Kelley said NTEU will work to see that the prohibition becomes law.

NTEU is the largest independent federal union, representing some 150,000 employees in 31 agencies and departments, including some 5,200 in the FDA.

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