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LWA-0005 - In the Matter of Francis M. O'Laughlin

This Decision involves a complaint filed by Francis M. O'Laughlin (O'Laughlin) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. O'Laughlin contends that certain reprisals were taken against him after he raised concerns relating to health and safety with Boeing Petroleum Services, Inc. (BPS), a DOE contractor. The alleged reprisals included wrongfully denying O'Laughlin a management position to which he ostensibly was entitled, and later taking adverse personnel action against O'Laughlin which included a demotion and corresponding salary reduction. The DOE's Office of Contractor Employee Protection (OCEP) investigated the complaint and found that O'Laughlin had not actually made health and safety disclosures that might entitle him to relief for the alleged reprisals under Part 708. O'Laughlin requested a hearing before the Office of Hearings and Appeals (OHA) under 10 C.F.R. ' 708.9(a), reasserting his claim that reprisals were taken against him by BPS as a result of raising health and safety concerns. The hearing in this case was held on May 18 and 19, 1994, in New Orleans, Louisiana.