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VWA-0039 - In the Matter of Luis P. Silva

This Initial Agency Decision concerns a whistleblower complaint filed by Luis P. Silva, a former employee of the Scientific Ecology Group (SEG) and its successor firm, GTS Duratek (GTS).(1) SEG, and then GTS, were subcontractors to Sandia Corporation at the Radioactive and Mixed Waste Management Facility (RMWMF) where Silva worked before he was laid off by GTS in August 1997. Sandia is a subsidiary of Lockheed Martin Company, the management and operating contractor at DOE's Sandia National Laboratories in Albuquerque, New Mexico. In March 1998, Roy F. Weston, Inc. replaced GTS as Sandia’s subcontractor at the RMWMF. Silva alleges that he made protected disclosures concerning health and safety matters, and the contractors took retaliatory actions against him. For the reasons explained below, I have determined that Silva’s request for relief should be granted in part because GTS has not met its burden in this case.