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VBA-0061 - In the Matter of Bernard Cowan

On July 18, 2002, Argonne National Laboratory-West (“ANL” or “the contractor”) filed an appeal of an Initial Agency Decision (IAD) issued by an Office of Hearings and Appeals (OHA) Hearing Officer under the Department of Energy (DOE) Contractor Employee Protection Program, 10 CFR Part 708. Bernard Cowan, 28 DOE ¶ 87,023 (2002). The IAD found that the contractor retaliated against Bernard Cowan (“Cowan” or “the complainant”), an employee at ANL, for making disclosures protected under Part 708. The IAD ordered the contractor to reinstate Cowan, provide him with back pay, and reimburse him for the reasonable costs and expenses of prosecuting his complaint. Id. at 38-39. It further directed both parties to file a report providing a calculation for back pay and litigation expenses. See Appendix to IAD. As set forth below, I have determined that the contractor has failed to show that the IAD was erroneous in finding for the complainant, but I have rescinded the award of reinstatement.