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LWA-0002 - In the Matter of David Ramirez

This Decision involves a complaint filed by David Ramirez ("Ramirez" or "the complainant") under the Department of Energy's Contractor Employee Protection Program, 10 C.F.R. Part 708. Ramirez contends that a reprisal was taken against him after he raised safety concerns with Brookhaven National Laboratory/Associated Universities, Inc. ("BNL" or "the Laboratory"), a DOE contractor. Specifically, the complainant alleges that he was terminated from employment at BNL on March 20, 1992, in retaliation for his having raised safety issues with his BNL supervisor. The DOE's Office of Contractor Employee Protection (OCEP) investigated the complaint and found that Ramirez' termination did not constitute a reprisal. Ramirez requested a hearing before an Office of Hearings and Appeals (OHA) Hearing Officer under 10 C.F.R. § 708.9(a), again maintaining that his termination was a reprisal for his safety disclosures. Neither BNL, nor Ramirez's employer, J. P. Daly & Sons, Inc. (Daly), a BNL contractor and thus DOE subcontractor, requested a hearing to challenge any of OCEP's findings. The hearing in this case was held on December 14 and 15, 1993, at the BNL facility in Upton, Long Island, New York.