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Whistleblower Cases

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August 7, 2013
WBA-13-0007 - In the Matter of Alison Marschman

On August 7, 2013, the Director of OHA granted an Appeal involving a complaint filed by Alison Marschman (Marschman) against Battelle Energy Alliance (Battelle) under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 C.F.R. Part 708.  In her complaint, Marschman alleges that she was terminated from her position in 2013 because of a previous Part 708 Complaint she filed in 2009.

August 5, 2013
WBH-12-0004 - In the Matter of Denise Hunter

On August 5, 2013, a Hearing Officer issued an Initial Agency Decision involving a complaint filed by Denise Hunter against The Whitestone Group (Whitestone) under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 C.F.R. Part 708.  In her complaint, Ms.

July 29, 2013
WBH-12-0005 - In the Matter of Jeffrey S. Derrick

On July, 29, 2013, A Hearing Officer issued an Initial Agency Decision involving a complaint filed by Jeffrey S. Derrick (Derrick) against Shaw AREVA MOX Services, LLC (MOX Services) under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 C.F.R. Part 708.  In his complaint, Derrick alleged that he was terminated in retaliation for activity protected under Part 708. Derrick alleged that he made protected disclosures in four E-mails regarding the installation of pipe supports and pipes in the MOX Facility at the DOE’s Savannah River site.

April 8, 2013
WBU-13-0005 - In the Matter of Sun Kim

On April 8, 2013, the Office of Hearings and Appeals (OHA) issued a decision denying Ms. Sun Kim’s Appeal of the DOE’s Office of Science, Chicago Office’s dismissal of her whistleblower complaint for lack of jurisdiction. The OHA agreed with the Office of Science, Chicago Office’s dismissal of Ms. Kim’s Complaint because she had also filed a claim based upon the same facts under the state of California’s Whistleblower Protection laws. Therefore, the OHA denied her Appeal.

March 27, 2013
WBU-13-0003 - In the Matter of Cassondra B. Stark

On March 27, 2013, the Office of Hearings and Appeals (OHA) issued a decision granting in part and denying in part Ms. Starks’s Appeal of the DOE’s Richland Operations Office’s (RL) Employee Concerns Program’s (ECP) dismissal of her whistleblower complaint for lack of jurisdiction.  The OHA agreed with the ECP’s dismissal of Ms.

January 8, 2013
WBH-12-0002 - In the Matter of John Robertson

On January 8, 2013, a Hearing Officer issued an Initial Agency Decision involving a complaint filed by John Robertson against KQ Services (KQ) under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 C.F.R. Part 708.  In his complaint, Mr.

December 20, 2012
WBA-12-0001- In the Matter of Wendy L. Warren

On December 20, 2012, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied an Appeal of a Dismissal of a Complaint filed by Wendy L. Warren (Appellant or Ms. Warren). Ms. Warren filed the Complaint against her former employers, MS Technology, Inc. (MS) and B&W Y-12, L.L.C. (B&W). The Appellant alleges in her complaint that MS and B&W terminated her employment after she reported fraud, gross mismanagement, gross waste of funds, and abuse of authority. Ms. Warren claims that she reported timekeeping irregularities of her supervisor.

October 2, 2012
WBZ-12-0005 - In the Matter of Jeffrey S. Derrick

On October 2, 2012, a Hearing Officer issued an Interlocutory Order denying a Motion to Dismiss filed by Shaw AREVA MOX Services, LLC (Shaw), regarding a complaint submitted by Jeffrey S. Derrick under the Department of Energy’s (DOE) Contractor Employee Protection Program, set forth at 10 C.F.R. Part 708. Shaw alleged that Derrick’s Part 708 complaint should be dismissed because Shaw management had prior knowledge of Derrick’s disclosures concerning pipe installation at the DOE’s Mixed Oxide Fabrication Facility in Savannah River.

September 12, 2012
WBJ-12-0001 - In the Matter of John Robertson

On September 12, 2012, an OHA Hearing Officer issued a Protective Order in a case involving a Complaint of Retaliation filed by John Robertson against KQ Services under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 C.F.R. Part 708.  During the process of pre-hearing discovery in the matter, counsel for KQ Services requested that the DOE Savannah River Operations Office (DOE-SR) Employee Concerns Program, produce certain documents in its possession.  On September 12, 2012, DOE-SR submitted a Stipulated Protective Order to which DOE-SR, Mr.

September 10, 2012
LWX-0011 In the Matter of Ronald A. Sorri

This determination will consider two requests for discovery filed with the Office of Hearings and Appeals (OHA) on September 24 and 27, 1993, by Ronald A. Sorri (Sorri) and L&M Technologies, Inc. (L&M), respectively.