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TBA-0080 - In the Matter of Billy Joe Baptist

This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on May 7, 2009, involving a complaint of retaliation filed by Billy Joe Baptist (“Baptist,” or “Complainant”) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. In his complaint, Baptist alleged that his former employer CH2M-WG Idaho (CWI) retaliated against him for engaging in activity protected under Part 708. In the IAD, an Office of Hearings and Appeals (OHA) Hearing Officer determined that five of the six alleged acts of retaliation set forth in the complaint are time-barred under Part 708. The Hearing Officer also granted summary judgment to CWI regarding the sixth act of retaliation, Baptist’s termination, and then dismissed the complaint without a hearing. Baptist appealed the decision. As set forth below, the appeal is denied.