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VWA-0026 - In the Matter of Joseph Carson

This Decision involves the referral of a whistleblower matter involving Joseph Carson (Carson), a Department of Energy (DOE) employee. Pursuant to an order of an administrative judge of the United States Merit Systems Protection Board ( (MSPB) that implemented a settlement agreement between the DOE and Carson, Carson was permitted to submit documents to the Office of Hearings and Appeals regarding six instances of retaliation that he claims occurred because of certain protected disclosures that he made. The DOE was also permitted to submit documents at the same time. Both parties were permitted to submit replies to the initial submissions of documents. No provision for personal appearances or oral testimony was made. The agreement (hereinafter referred to as “the settlement agreement”) calls for an OHA Hearing Officer to evaluate whether there is merit to Carson’s claims that DOE management took any of those six actions in reprisal for activities protected under the Whistleblower Protection Act of 1989 (WPA) (hereinafter referred to as protected disclosures). This Decision is that evaluation.