You are here

TBA-0003 - In the Matter of Gilbert J. Hinojos

This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on April 27, 2005, involving a Complaint filed by Gilbert J. Hinojos (also referred to as the employee or the complainant) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. In his Complaint, Hinojos claims that his former employer, DOE contractor Honeywell Federal Manufacturing & Technologies (Honeywell or the contractor), retaliated against him for engaging in activity that is protected by Part 708. In the IAD, an Office of Hearings and Appeals (OHA) Hearing Officer determined that the employee engaged in activity that is protected under Part 708, but that Honeywell showed that it would have taken the same personnel action in the absence of the protected activity. Hinojos appeals that determination. As set forth in this decision, I have decided that the determination is correct.