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TBA-0023 - In the Matter of Franklin C. Tucker

This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on April 9, 2007, involving a Complaint of Retaliation filed by Franklin C. Tucker (also referred to as the employee or the complainant) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. In his Complaint, Tucker claims that his former employer, DOE contractor BWXT Y-12, L.L.C. (BWXT or the contractor), retaliated against him for engaging in activity that is protected by Part 708. In the IAD, an Office of Hearings and Appeals (OHA) Hearing Officer determined that the employee engaged in activity that is protected under Part 708, but that BWXT showed that it would have taken the same adverse personnel actions in the absence of the protected activity. Tucker filed a Statement of Issues appealing the IAD determination. 10 C.F.R. § 708.33. As set forth below, I have decided that the IAD is correct.