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WBU-14-0005 - In the Matter of Frank T. Clark

On November 14, 2013, the Office of Hearings and Appeals (OHA) issued a decision denying Mr. Frank T. Clark’s (Clark) Appeal of the National Nuclear Security Administration Whistleblower Program Manager’s (Manager) dismissal of his whistleblower complaint for failure to present an issue to which relief could be granted under Part 708. Mr. Clark’s complaint alleged that, during the period 2008 to 2010, he was employed by a subcontractor, NCI. Mr. Clark alleged that he made protected disclosures under Part 708 and experienced various retaliations by NCI and was ultimately laid off because NCI lost the contract to operate the facility in 2010. In October 2013, Mr. Clark applied for a position at the facility now operated by two firms (OnPoint and CACI). In November 2013, OnPoint/CACI declined to hire Mr. Clark and Mr. Clark filed a complaint under Part 708 claiming retaliation during 2008 to 2010 by NCI and that OnPoint/CACI had retaliated against him by failing to hire him. OHA affirmed the Manager’s dismissal finding that the Mr. Clark failed to demonstrate sufficient circumstances to justify the imposition of Part 708 liability on OnPoint/CACI for NCI’s alleged retaliations during 2008 to 2010 which are time barred under Part 708. OHA also found that his claim against OnPoint/CACI failed to state a cause of action since there was no allegation in his Part 708 Complaint that the Appellant was ever employed by OnPoint/CACI or made any type of protected disclosure to officials at these firms or engaged in any protected activity employed by them.