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TBA-0027 - In the Matter of Clint Olson

This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on October 27, 2005, involving a Complaint of Retaliation filed by Clint Olson (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. Olson was an employee of BWXT Pantex (also referred to as BWXT, the firm, or the contractor), the Management and Operating Contractor at the DOE’s Pantex Plant in Amarillo, Texas. In his Complaint, Mr. Olson claims that BWXT retaliated against him for making disclosures that are protected under 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, and that BWXT did retaliate against him for the disclosures. BWXT has appealed that determination. As set forth in this decision, I have decided that the Appeal filed by BWXT should be granted, and that Mr. Olson’s request for relief should be denied, on the ground that BWXT has proven, by clear and convincing evidence, that it would have taken the same action, in not granting a proposed comparative salary increase to Mr. Olson’s working group, without Mr. Olson’s protected disclosures.