This Decision involves a whistleblower complaint filed by Ronald Sorri (Sorri) under the Department of Energy's Contractor Employee Protection Program, 10 C.F.R. Part 708. Sorri charged that reprisals were taken against him after he raised safety concerns with Sandia National Laboratories, DOE, and Congressman Leon Panetta. The alleged reprisals included removing him from his job as a maintenance technician in Sandia's Microelectronics Development Laboratory; giving him lowered performance ratings; reassigning him to a job as a technical writer; and finally, firing him. DOE's Office of Contractor Employee Protection (OCEP) investigated the complaint and found that the first three actions were reprisals for Sorri's disclosure of safety concerns. However, OCEP concluded that Sorri's termination did not constitute a reprisal. Neither Sandia, nor Sorri's employer, L&M Technologies, Inc., a Sandia subcontractor, requested a hearing to challenge OCEP's findings. Sorri requested a hearing before the Office of Hearings and Appeals (OHA) under ' 708.9(a), maintaining that his termination was also a reprisal for his safety disclosures. The hearing in this case was held on October 26 and 27, 1993, in Albuquerque, New Mexico.
Tom Mann - Hearing Officer