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TBH-0023 - In the Matter of Franklin C. Tucker

TBH-0023 - In the Matter of Franklin C. Tucker

This Initial Agency Decision concerns a whistleblower complaint filed by Franklin C. Tucker (the Complainant) against his previous employer, BWXT Y-12, L.L.C. (BWXT) under the Department of Energy’s (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. BWXT is the manager of Y-12, part of the National Nuclear Security Administration’s Nuclear Weapons Complex. The Complainant filed the complaint of retaliation against BWXT with the Oak Ridge Operations Diversity Programs and Employee Concerns Office on October 20, 2003.1/ In the complaint, the Complainant contends that he made protected disclosures to officials of BWXT and the DOE, and that BWXT took four adverse personnel actions against him in retaliation for these disclosures. BWXT admits that the Complainant made protected disclosures and that the four personnel actions occurred. However, BWXT argues that it would have taken those four actions absent the Complainant’s protected disclosures. Later in this decision, I find that BWXT has shown by clear and convincing evidence that it would have taken the personnel actions against the Complainant absent his protected disclosures.2/