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Whistleblower Cases

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May 25, 2010
TBB-0080 - In the Matter of Thad M. Gyer, esq and Stephani L. Ayers, esq

Gordon Michaels appeals the dismissal of his whistleblower complaint filed under I 0 C.F .R. Patt 708, the Depattment of Energy (DOE) Contractor Employee Protection Program. Two offices having jurisdiction over the complaint, the DOE's National Nuclear Security Administration Service Center (NNSA/SC) and the DOE's Oak Ridge Office (ORO), dismissed the complaint, on Aprill2, 20 II, and May I 0, 20 II, respectively. As explained below, we affirm the dismissals of the complaint, and deny the appeals therefrom.

January 22, 2010
TBZ-0087 - In the Matter of David P. Sanchez

This Decision will consider a Motion to Dismiss filed by Los Alamos National Laboratory (“LANL” or “the Respondent”). LANL seeks dismissal of a pending complaint filed by David P. Sanchez (“Mr. Sanchez” or “the Complainant”) against his employer, Los Alamos National Security, L. L. C. (“LANS”),1 on October 30, 2009, under the Department of Energy’s (DOE) Contractor Employee Protection Program, set for that 10 C.F.R. Part 708. OHA has assigned Mr. Sanchez’ hearing request Case No. TBH-0087, and the present Motion to Dismiss Case No. TBZ-0087.

January 22, 2010
TBH-0087 - In the Matter of David P. Sanchez

This Decision will consider a Motion to Dismiss filed by Los Alamos National Laboratory (“LANL” or “the Respondent”). LANL seeks dismissal of a pending complaint filed by David P. Sanchez (“Mr. Sanchez” or “the Complainant”) against his employer, Los Alamos National Security, L. L. C. (“LANS”),1 on October 30, 2009, under the Department of Energy’s (DOE) Contractor Employee Protection Program, set for that 10 C.F.R. Part 708. OHA has assigned Mr. Sanchez’ hearing request Case No. TBH-0087, and the present Motion to Dismiss Case No. TBZ-0087.

December 3, 2009
TBA-0080 - In the Matter of Billy Joe Baptist

This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on May 7, 2009, involving a complaint of retaliation filed by Billy Joe Baptist (“Baptist,” or “Complainant”) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. In his complaint, Baptist alleged that his former employer CH2M-WG Idaho (CWI) retaliated against him for engaging in activity protected under Part 708.

July 22, 2009
TBA-0072 - In the Matter of Dean P. Dennis

Dean D. Dennis filed a complaint of retaliation under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. Mr. Dennis alleged that he engaged in protected activity and that his employer, National Security Technologies, LLC (NSTec ), subsequently terminated him. An Office of Hearings and Appeals (OHA) Hearing Officer denied relief in Dean P. Dennis, Case No. TBH-0072, 1 and Mr. Dennis filed the instant appeal. As discussed below, the appeal is denied.

May 7, 2009
TBZ-0080 - In the Matter of Billy Joe Baptist

This decision will consider an Order to Show Cause that I issued on February 3, 2009, regarding a March 6, 2008, whistleblower complaint filed by Billy Joe Baptist (Baptist) under the Department of Energy's (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708, against his employer, CH2M-WG Idaho, LLC (CWI). I will also consider in this decision as a Motion for Summary Judgment that CWI filed on February 18, 2009 regarding this complaint.

May 7, 2009
TBH-0080 - In the Matter of Billy Joe Baptist

This decision will consider an Order to Show Cause that I issued on February 3, 2009, regarding a March 6, 2008, whistleblower complaint filed by Billy Joe Baptist (Baptist) under the Department of Energy's (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708, against his employer, CH2M-WG Idaho, LLC (CWI). I will also consider in this decision as a Motion for Summary Judgment that CWI filed on February 18, 2009 regarding this complaint.

March 26, 2009
TBZ-0083 - In the Matter of James J. Myers

This Decision will consider a Motion for Summary Judgment which relates to a pending complaint filed by Mr. James J. Myers (hereinafter referred to as “Mr. Myers” or “the Complainant”) on August 11, 2008, against his former employer, ENVIRO AgScience (hereinafter referred to as “EAS”), a subcontractor at the Department of Energy’s (DOE) Savannah River Site in Aiken, South Carolina, under the DOE’s Contractor Employee Protection Program regulations found at 10 C.F.R. Part 708. See Report of Investigation, OHA Case No. TBI-0083 (2009). 1/ EAS seeks dismissal of Mr. Myers’ complaint.

March 10, 2009
TBA-0047 - In the Matter of Battelle Energy Alliance

Dennis D. Patterson filed a complaint of retaliation under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. Patterson alleged that he engaged in protected activity and that his employer, Battelle Energy Alliance (BEA), engaged in a series of retaliatory acts. An Office of Hearings and Appeals (OHA) Hearing Officer granted relief, Dennis D. Patterson, Case No. TBH-0047 (2008),1 and BEA filed the instant appeal. As discussed below, the appeal is denied.

February 12, 2009
TBH-0072 - In the Matter of Dean P. Dennis

This Initial Agency Decision concerns a whistleblower complaint (the “Complaint”) filed by Dean P. Dennis (Mr. Dennis or the “Complainant”) against his former employer, National Security Technologies, LLC (hereinafter referred to as “NSTec”), under the Department of Energy’s (DOE) Contractor Employee Protection Program regulations set forth at 10 C.F.R. Part 708. At all times relevant to this proceeding, NSTec managed and operated the Nevada Test Site and other satellite facilities for the DOE’s National Nuclear Security Administration’s (NNSA) 1 Nevada Site Office. Mr.