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VBA-0041 - In the Matter of John L. Gretencord

This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on November 4, 1999, involving a complaint filed by John L. Gretencord (Gretencord or the complainant) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. In his complaint, Gretencord claims that West Valley Nuclear Services, Inc.(West Valley), a DOE contractor, terminated his employment in retaliation for his making disclosures that are protected under Part 708. In the IAD, however, the Hearing Officer determined that West Valley had shown that it would have terminated the complainant for his aggressive and anti-social behavior even in the absence of the protected disclosures. As set forth in this decision, I have determined that Gretencord’s Appeal must be denied.