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LWX-0013 - In the Matter of David Ramirez

This Decision supplements an Initial Agency Decision, dated March 17, 1994, issued by the undersigned Hearing Officer of the Office of Hearings and Appeals (OHA) of the Department of Energy in a case involving a "whistleblower" complaint filed by David Ramirez (Ramirez) under the Department of Energy's Contractor Employee Protection Program, 10 C.F.R. Part 708. See David Ramirez, 23 DOE & 87,505 (1994) (Ramirez or "the March 17 Decision").1/ In the March 17 Decision I found that Brookhaven National Laboratory/Associated Universities, Inc. (BNL or "the Laboratory"), a DOE contractor, had violated the provisions of 10 C.F.R. ' 708.5 by directing the termination of Ramirez' employment as a BNL subcontractor employee in reprisal for his making protected safety disclosures. The March 17 Decision further determined that Ramirez should be awarded back pay and reimbursement for all costs and expenses reasonably incurred by him in bringing his complaint. Since there was no evidence in the record as to the amount of Ramirez' damages, he was provided an opportunity to supplement the record by providing certain specified information regarding back pay and expenses. Ramirez submitted this information on April 18, 1994, in a submission consisting of an affidavit (Ramirez Aff.) with attached exhibits and an attorney's affirmation by his attorney, Claire C. Tierney (Tierney Aff.). BNL submitted a response to the April 18 submission on May 16, 1994.1/ This Supplemental Order awards Ramirez $122,088.18 in back pay

(including interest) and costs and expenses (including attorney's fees).