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TBZ-0080 - In the Matter of Billy Joe Baptist

This decision will consider an Order to Show Cause that I issued on February 3, 2009, regarding a March 6, 2008, whistleblower complaint filed by Billy Joe Baptist (Baptist) under the Department of Energy's (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708, against his employer, CH2M-WG Idaho, LLC (CWI). I will also consider in this decision as a Motion for Summary Judgment that CWI filed on February 18, 2009 regarding this complaint. Pursuant to Part 708, an OHA attorney conducted an investigation of Baptist’s whistleblower complaint and issued a Report of Investigation (Report) on December 19, 2008. The Report noted that Baptist filed his whistleblower complaint on March 6, 20081, but that five of the six alleged retaliations occurred on June 4, 2007. The investigator opined that these retaliations may be barred by the fact that Part 708 requires a complaint to be filed no later than the 90th day after the individual knows or reasonably should have known of the alleged retaliation. 10 C.F.R. § 708.14. In a conference call to the parties on February 3, 2009, I ordered counsel for Baptist to submit a brief showing cause why these retaliations are not barred from consideration pursuant to the 90-day deadline in 10 C.F.R. § 708.14. Subsequently, CWI moved for a summary judgment regarding the remaining retaliation alleged by Baptist in his complaint. As discussed below, I find that the first five alleged retaliations are time-barred from consideration under 10 C.F.R. § 708.14. I also find that CWI is entitled to Summary Judgment in its favor regarding the remaining sixth alleged retaliation.