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Whistleblower Cases

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November 17, 2016
WBU-16-0008 - In the Matter of Jim Kapsales

On November 17, 2016, OHA denied an Appeal of a dismissal of a Complaint filed by Mr. Jim Kapsales against Lawrence Livermore National Lab (LLNL) under DOE’s Contractor Employee Protection Program, 10 CFR Part 708.  In his Complaint, Mr.

August 12, 2016
WBU-16-0007 - In the Matter of Charles Dalton

On August 12, 2016, OHA granted an Appeal of a dismissal of a Complaint filed by Mr. Charles Dalton against BWX Technologies, Inc. (BWXT) under the DOE’s Contractor Employee Protection Program, 10 CFR Part 708. In his Complaint, Mr. Dalton alleged that he reported to the Nuclear Regulatory Commission (NRC) and the DOE’s Inspector General (IG) various problems with the techniques used by BWXT to inspect the fuel elements it supplies to its customers, including DOE.

July 14, 2016
WBU-16-0006 - In the Matter Dr. Shou-Yuan Zhang

On July 14, 2016, OHA granted an Appeal involving a Complaint filed by Dr. Shou-Yuan Zhang against Brookhaven Science Associates (BSA) under the DOE’s Contractor Employee Protection Program, 10 CFR Part 708. In his Complaint, Dr. Zhang alleged that in an email to a BSA official, he reported research misconduct and that, in response, BSA transferred him to a new position. The DOE’s Brookhaven Site Office (BHSO) dismissed the Complaint on the grounds that Dr. Zhang had not made a disclosure protected by Part 708 and that BSA had offered Dr.

May 16, 2016
WBU-16-0004 - In the Matter of Richard Lusby

On May 16, 2016, OHA denied an Appeal of a dismissal of a Complaint filed by Richard Lusby against Savannah River Nuclear Solutions (SRNS) under the Department of Energy’s (DOE) Contractor Employee Protection Program, 10 CFR Part 708.  In his Complaint, Mr. Lusby alleged that SRNS had failed to hire him for several positions for which he had applied.  He further alleged that the contractor’s actions constituted retaliation for his prior Notice of Employee Concern, filed with SNRS on July 24, 2013.  In that prior concern, Mr.

March 4, 2016
WBU-16-0001 - In the Matter Robert Schweiger

On March 4, 2016, OHA denied an Appeal of a dismissal of a Complaint filed by Robert Schweiger against Bechtel National, Inc. (BNI) under the Department of Energy’s (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708.  In his Complaint, Mr. Schweiger alleged that BNI denied him training, treated him disrespectfully and ultimately terminated him because he had complained about the quality of his supervisor and BNI management, and because he had revealed that he acted as a whistleblower under a different employer about 20 years earlier.

December 31, 2015
WBA-15-0009 - In the Matter of Sandra Black

On December 31, 2015, OHA denied an Appeal involving a Complaint filed by Sandra Black against Savannah River Nuclear Solutions, LLC (SRNS) under the DOE’s Contractor Employee Protection Program, 10 CFR Part 708. In her Complaint, Black alleged SRNS terminated her for engaging in protected activities, specifically citing her participation in a Government Accountability Office review as a protected disclosure. An OHA Attorney-Investigator dismissed Black’s Complaint because she also filed a whistleblower complaint with the U.S.

December 28, 2015
WBA-14-0001 - In the Matter of Krishnan Balasubramanian

On December 28, 2015, OHA denied an Appeal involving a Complaint filed by Krishnan Balasubramanian (Balasubramanian) against Lawrence Livermore National Security (LLNS), management and operating contractor for DOE’s Lawrence Livermore National Laboratory, under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 CFR Part 708.  Following Balasubramanian’s third request for a health-related postponement of his Part 708 hearing, an OHA Administrative Judge dismissed Balasubramanian’s Complaint without prejudice, subject to Balasubramanian refiling hi

July 21, 2015
WBZ-14-0012 - In the Matter of UChicago Argonne LLC

On July 21, 2015, an OHA Administrative Judge granted in part and denied in part a Motion for Summary Judgment filed by UChicago Argonne LLC (Argonne).  In its Motion, Argonne sought dismissal of a Part 708 complaint filed by Jonathan McKay against the contractor on several grounds.  After considering the parties’ full briefing of this matter, the Administrative Judge determined that: (1) Argonne’s alleged retaliatory acts that occurred more than 90 days before Mr.

July 7, 2015
WBU-15-0007 - In the Matter of Stacey Kittner

On July 7, 2015, the OHA issued a decision granting in part a jurisdictional appeal filed by Ms. Stacey Kittner, a former senior member of the technical staff of Sandia National Laboratory (Sandia).  Ms. Kittner appealed the National Nuclear Security Administration’s (NNSA) June 4, 2015, dismissal of a whistleblower complaint that she filed under 10 CFR Part 708, the DOE Contractor Employee Protection Program.  OHA denied those portions of the appeal that were based upon Ms.

May 29, 2015
WBA-15-0001 - In the Matter of Robert J. Schumacher

On May 29, 2015, OHA granted an Appeal involving a complaint filed by Robert J. Schumacher (Schumacher) against Bechtel National, Inc. (Bechtel), a DOE prime contractor that coordinates the construction of DOE’s Hanford Site’s Waste Treatment Plant, under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 CFR Part 708.  Schumacher’s complaint was dismissed by an OHA investigator because he did not file his complaint within the 90-day regulatory deadline which elapsed on July 13, 2014.