This Decision will consider a Motion to Dismiss filed by Los Alamos National Laboratory (“LANL” or “the Respondent”). LANL seeks dismissal of a pending complaint filed by David P. Sanchez (“Mr. Sanchez” or “the Complainant”) against his employer, Los Alamos National Security, L. L. C. (“LANS”),1 on October 30, 2009, under the Department of Energy’s (DOE) Contractor Employee Protection Program, set for that 10 C.F.R. Part 708. OHA has assigned Mr. Sanchez’ hearing request Case No. TBH-0087, and the present Motion to Dismiss Case No. TBZ-0087. For the reasons set forth below, I have determined that Mr. Sanchez’ complaint should be dismissed.