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VWA-0005 - In the Matter of Daniel L. Holsinger

This Decision involves a complaint filed by Daniel L. Holsinger (Holsinger) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. In his complaint, Holsinger contends that certain reprisals were taken against him after he raised concerns relating to the possible theft of government property from the DOE's Morgantown Energy Technology Center (METC). These reprisals allegedly were taken by Watkins Security Agency, Inc. (WSA), a DOE contractor that employed Holsinger as a security guard at the METC. The reprisals alleged by Holsinger included a one-day suspension on September 2, 1994, announcement of his prospective rescheduling to the midnight guard shift (12-8 a.m.) on September 18, 1994, a three-day suspension on September 19, 1994, and a three-day suspension on September 29, 1994. Because this last suspension was his third suspension within a period of six months, Holsinger's employment was terminated pursuant to WSA policy effective October 2, 1994. The DOE's Office of Contractor Employee Protection (OCEP) investigated the complaint and issued a Report of Investigation & Proposed Disposition (the Report) on November 9, 1995. In the Report, OCEP found that Holsinger had made a protected disclosure and that this disclosure contributed to Holsinger's September 19, 1994 suspension and his resulting termination of employment by WSA. Accordingly, OCEP proposed that WSA pay Holsinger back pay and benefits (minus any earned income and benefits), as well as certain other fees and expenses). OCEP also included the current METC security operations contractor, K-Ray Security, Inc. (K-Ray) as a party to the proceeding, and proposed that K-Ray should reinstate Holsinger to his former position as a security guard or to a comparable position.