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Whistleblower Cases

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July 25, 2008
TBU-0079 - In the Matter of Donald E. Searle

Donald E. Searle (Searle or the complainant) appeals the dismissal of his complaint of retaliation and request for investigation filed under 10 C.F.R. Part 708, the Department of Energy (DOE) Contractor Employee Protection Program. As explained below, the dismissal of the complaint should be affirmed.

July 16, 2008
TBB-0069 - In the Matter of Gary S. Vander Boegh

This letter concerns the complaint of retaliation filed with the Department of Energy (DOE) under 10 C.F.R. Part 708 by Gary S. Vander Boegh (Vander Boegh). On February 5, 2008, the Office of Hearings and Appeals (OHA) received your petition for Secretarial review of the December 18, 2007, Appeal Decision issued by the Director of OHA.

July 16, 2008
TBB-0042 - In the Matter of Curtis Hall

This letter concerns the complaint of retaliation filed by Curtis Hall (the complainant or Mr. Hall) with the Department of Energy under 10 C . F. R. Part 7 0 8 , the DOE Con tractor Employee (Whistleblower) Protection Program. On March 13, 2008, the Office of Hearings and Appeals (OHA) received your Petition for Secretarial Review of the appeal decision we issued on February 13, 2008. Under Part 708 regulations, the Secretary will reverse or revise an appeal decision by the Director of OHA only in extraordinary circumstances. 10 C.F.R. § 708.35(d).

May 21, 2008
TBZ-0063 - In the Matter of Richard L. Urie

This Decision concerns a Complaint filed by Richard L. Urie (hereinafter referred to as “Mr. Urie” or “the Complainant”) against Los Alamos National Laboratory (hereinafter referred to as “LANL” or “the Respondent”), his former employer, under the Department of Energy’s (DOE) Contractor Employee Protection Program regulations found at 10 C.F.R. Part 708. At all times relevant to this proceeding, LANL was a DOE contractor operating in Los Alamos, New Mexico.

May 21, 2008
TBH-0063 - In the Matter of Richard L. Urie

This Decision concerns a Complaint filed by Richard L. Urie (hereinafter referred to as “Mr. Urie” or “the Complainant”) against Los Alamos National Laboratory (hereinafter referred to as “LANL” or “the Respondent”), his former employer, under the Department of Energy’s (DOE) Contractor Employee Protection Program regulations found at 10 C.F.R. Part 708. At all times relevant to this proceeding, LANL was a DOE contractor operating in Los Alamos, New Mexico.

May 2, 2008
TBU-0078 - In the Matter of Fred Hua

Fred Hua (the complainant), 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. The complaint was filed on January 22, 2008, and was dismissed on March 18, 2008. As explained below, the dismissal of the complaint should be sustained, and the appeal denied.

April 16, 2008
TBD-0075 -In the Matter of Jonathan Strausbaugh

Pending before me is a consolidated Motion to Compel Discovery filed with the Office of Hearings and Appeals (OHA) on behalf of Jonathan K. Strausbaugh and Richard L. Rieckenberg (the complainants) by their attorney. This Motion relates to a hearing requested by the complainants under the Department of Energy’s Contractor Employee Protection Program, 10 C.F.R. Part 708 (Part 708), in connection with the Part 708 complaints they filed against KSL Services, Inc. (KSL). The OHA has assigned Mr. Strausbaugh’s and Mr. Rieckenberg’s hearing requests Case Nos.

April 16, 2008
TBD-0073 - In the Matter of Richard L. Rieckenberg

Pending before me is a consolidated Motion to Compel Discovery filed with the Office of Hearings and Appeals (OHA) on behalf of Jonathan K. Strausbaugh and Richard L. Rieckenberg (the complainants) by their attorney. This Motion relates to a hearing requested by the complainants under the Department of Energy’s Contractor Employee Protection Program, 10 C.F.R. Part 708 (Part 708), in connection with the Part 708 complaints they filed against KSL Services, Inc. (KSL). The OHA has assigned Mr. Strausbaugh’s and Mr. Rieckenberg’s hearing requests Case Nos.

March 5, 2008
TBB-0070 - In the Matter of Sharon M. Fiorillo

This letter concerns the complaint of retaliation that you filed with the Department of Energy (DOE) under 10 C.F.R. Part 708. On August 20, 2007, the Office of Hearings and Appeals (OHA) received your petition for Secretarial review of the July 16, 2007, jurisdictional appeal decision issued by the OHA Acting Director. You filed a statement of arguments in support of your position on September 4, 2007.

March 4, 2008
TBB-0071 - In the Matter of Jeffrey Burnette

This letter concerns the Complaint of Retaliation that you filed with the Department of Energy (DOE) under 10 C.F.R. Part 708. On October 10, 2007, the Office of Hearings and Appeals (OHA) received your petition for Secretarial review of the August 30, 2007, jurisdictional appeal decision issued by the OHA Deputy Director. Under the Part 7 0 8 regulations, the Secretary will reverse or revise an appeal decision by the OHA only in extraordinary circumstances. 10 C.F.R. § 708.19.