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Washington, D.C.? Solely because of his whistle blowing activities, the U.S. Customs Service "went to great lengths to contrive unwarranted, groundless charges" against a National Treasury Employees Union (NTEU) chapter president, said Arbitrator Mollie H. Bowers.

In a recent decision, Bowers said NTEU Miami Chapter 137 President Croley Forester became a "lighting rod for agency retaliation."

"What is regrettable is that when he blew the whistle (only after having been rebuffed by management) to make the Agency better and a better representative of the Federal government, the Agency's response was retaliation," wrote Bowers.

NTEU National President Colleen M. Kelley said she has been "extremely concerned by the agency's behavior" from the beginning of the case.

"It is clear from the arbitrator's decision that this case was wrongfully motivated and miserably mishandled by the Customs Service. In its pursuit of Senior Inspector Forester, the agency sends a disturbing message to employees who care about their work at the Customs Service and want to make the agency more effective," said Kelley.

A 13?year Customs Service veteran, Croley was a leader in 1995 of a "Ramp Rover Team" responsible for detecting security problems at Miami airport. Significant security problems were uncovered and reported to management "up to and including the then Airport Director, but no action was taken." Rebuffed by management and concerned about security problems that may not be unique to Miami, Croley shared the information with a member of Congress. Airport security at the Miami airport eventually became the focus of critical stories in the media, including reports following the indictment of 58 airport workers charged with smuggling drugs.

The April 9`" decision by Arbitrator Bowers rescinded an agency?proposed 14?day suspension of Croley for his involvement in the handling of a cargo inspection on an in?bound flight more than a year ago. Bowers noted that Customs inspectors are given "wide discretion" on examining cargo, and noted testimony by Inspectors warning about the negative impact of "Monday morning quarterbacking" and "second guessing" by management officials about what an Inspector "should/could" have done during a cargo examination.

Citing his service record, Arbitrator Bowers noted that Croley has been repeatedly appointed by management to work on and lead Contraband Enforcement Teams (CET), been responsible for numerous, significant drug busts, and has been recognized with Commissioner's Citations, commendations and letters of appreciation.