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VBA-0060 - In the Matter of Robert Burd

On November 16, 2001, BWXT Pantex, as successor to Mason & Hanger Corporation (M&H) (collectively referred to as “the contractor”), filed an appeal of an Initial Agency Decision (IAD) issued by an Office of Hearings and Appeals (OHA) Hearing Officer under the Department of Energy (DOE) Contractor Employee Protection Program, 10 CFR Part 708. Robert Burd, 28 DOE ¶ 87,017 (2001). The IAD found that the contractor terminated Robert Burd (the complainant), a former employee at the DOE’s Pantex nuclear weapons plant, in retaliation for making disclosures protected under Part 708. The IAD ordered the contractor to reinstate Burd, provide him with back pay, and reimburse him for the reasonable costs and expenses of prosecuting his complaint. Id. at 89,113. It further directed the complainant to file a report providing a calculation for back pay, and if there is no immediate reinstatement offer, to update that back pay report every 90 days.