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TBA-0102 - In the Matter of Mary Ravage

This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on January 6, 2011, involving a complaint of retaliation filed by Mary S. Ravage (“Ravage” or “Complainant”) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. In her complaint of retaliation (hereinafter “the Complaint”), Ravage alleged that her former employer, Medcor, Inc. (Medcor), retaliated against her for making a protected disclosure under Part 708 regarding an alleged incident where a fellow employee slapped another fellow employee on the arm. In the IAD, an Office of Hearings and Appeals (OHA) Hearing Officer determined that Ravage had not shown, and could not show pursuant to 10 C.F.R. § 708.5(a), that she reasonably believed that in disclosing the alleged arm slap to her superiors, she revealed either (1) a substantial violation of law, rule or regulation, or (2) a substantial and specific danger to employees or to public health and safety. The Hearing Officer therefore granted a Motion for Summary Judgment filed by Medcor, and then dismissed the Complaint without a hearing. Ravage appealed the decision. As set forth below, the appeal is denied.