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Whistleblower Cases

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April 21, 2004
VBH-0083 - In the Matter of S.R. Davis

S.R. Davis (the Employee) filed a complaint against her former employer, Fluor Fernald, Inc. (the Contractor) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. The Employee alleges that she engaged in protected activity and that the Contractor retaliated by subjecting her to two disciplinary actions, a job transfer, and ultimately a separation pursuant to an involuntary separation program. The Employee seeks relief including reinstatement and back-pay.

March 15, 2004
VBA-0086 - In the Matter of Elaine M. Blakely

This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on June 25, 2003, involving a Complaint filed by Elaine M. Blakely (Blakely or the Complainant) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. In her Complaint, Blakely claims that her former employer, DOE contractor Fluor Fernald, Inc. (FFI or the contractor), retaliated against her for engaging in activity that is protected by Part 708.

March 2, 2004
VBU-0083 - In the Matter of S. R. Davis

S. R. Davis, a former employee of Fluor Fernald, Inc. (Fluor), a Department of Energy (DOE) contractor, appeals the DOE Ohio Field Office’s (OFO) dismissal of the whistleblower complaint against Fluor she filed under 10 C.F.R. Part 708, the DOE Contractor Employee Protection Program. As explained below, I am affirming OFO’s dismissal of the subject complaint.

September 24, 2003
VBZ-0084 - In the Matter of Steven F. Collier

This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on May 20, 2003, involving a Complaint filed by Steven F. Collier (Collier or the Complainant) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. In his Complaint, Collier claims that Fluor Fernald, Inc. (FFI), the prime contractor operating the DOE’s Fernald, Ohio site and his former direct employer, Coleman Research Corporation (CRC), an FFI subcontractor, terminated him in retaliation for making disclosures that are protected under Part 708.

July 11, 2003
TBH-0007 - In the Matter of Gary S. Vander Boegh

This Initial Agency Decision involves a whistleblower complaint filed by Mr. Gary S. Vander Boegh (also referred to as the Complainant) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. Mr. Vander Boegh holds the position of Landfill Manager at the C-746-U Landfill for the DOE’s Paducah Gaseous Diffusion Plant (the “Paducah Plant”) located outside of Paducah, Kentucky. He is an employee of WESKEM, LLC (WESKEM), a subcontractor for Bechtel Jacobs Company, LLC (BJC).

June 25, 2003
VBH-0086 - In the Matter of Elaine M. Blakely

This Decision involves a whistleblower complaint that Elaine M. Blakely filed under the Department of Energy's (DOE) Contractor Employee Protection Program. From 1986 to April 2002, Ms. Blakely was employed at the DOE’s Fernald, Ohio site, most recently by Fluor Fernald, Inc. (FFI). Ms. Blakely alleges that FFI management retaliated against her for activity protected under the DOE Contractor Employee Protection Program.

June 19, 2003
TBU-0007 - In the Matter of Gary Vander Boegh

Gary Vander Boegh (the Complainant), an employee of WESKEM LLC (WESKEM), appeals the dismissal of his complaint of retaliation filed under 10 C.F.R. Part 708, the Department of Energy (DOE) Contractor Employee Protection Program. WESKEM is a subcontractor of Bechtel Jacobs Company LLC (BJC), the management and integration contractor for the C-746-U Landfill at the DOE’s Paducah Gaseous Diffusion Plant located in Paducah, Kentucky.

May 28, 2003
TBZ-0003 - In the Matter of Gilbert J. Hinojos

This determination will consider a Motion to Dismiss filed by Honeywell Federal Manufacturing & Technologies (Honeywell) on April 21, 2003. Honeywell seeks dismissal of the underlying complaint filed by Gilbert J. Hinojos under the Department of Energy's Contractor Employee Protection Program, 10 C.F.R. Part 708.

May 20, 2003
VBH-0084 - In the Matter of Steven F. Collier

This Decision involves a whistleblower complaint that Steven F. Collier filed under the Department of Energy's (DOE) Contractor Employee Protection Program. From December 1994 through February 2002, Mr. Collier was employed by Coleman Research Corporation (CRC), a subcontractor of Fluor Fernald, Inc. (FFI), at the DOE’s Fernald, Ohio site. Mr. Collier alleges that CRC and FFI management retaliated against him for activity protected under the DOE Contractor Employee Protection Program.

March 28, 2003
VBX-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.