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TBA-0069 - In the Matter of Gary S. Vander Boegh

This Decision considers three Appeals of an Initial Agency Decision (IAD) issued on July 11, 2003, involving a complaint filed by Gary S. Vander Boegh under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. In his Complaint, Vander Boegh claimed that his former employer, Weskem, LLC (Weskem) and the contractor that employed Weskem, Bechtel Jacobs Company, LLC (Bechtel), retaliated against him for making disclosures that were protected by Part 708.1 In the IAD, an Office of Hearings and Appeals (OHA) Hearing Officer determined that some of Vander Boegh=s disclosures were protected. He also found that with regard to some of Bechtel and Weskem=s personnel actions, the firms had failed to demonstrate by clear and convincing evidence that they would have taken these personnel actions in the absence of the protected disclosures. In the IAD, the Hearing Officer ordered Weskem and Bechtel to undertake a number of actions to mitigate the retaliatory personnel actions. Weskem and Bechtel each filed appeals from the IAD. Because the Hearing Officer did not grant all of the relief requested, Vander Boegh also appealed the decision. The three appeals are consolidated for review, and have been assigned a single case number by OHA, Case No. TBA-0069.