On July, 29, 2013, A Hearing Officer issued an Initial Agency Decision involving a complaint filed by Jeffrey S. Derrick (Derrick) against Shaw AREVA MOX Services, LLC (MOX Services) under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 C.F.R. Part 708. In his complaint, Derrick alleged that he was terminated in retaliation for activity protected under Part 708. Derrick alleged that he made protected disclosures in four E-mails regarding the installation of pipe supports and pipes in the MOX Facility at the DOE’s Savannah River site. The Hearing Officer found that Derrick had not proven by a preponderance of the evidence that any of his disclosures sought to reveal a gross waste of funds or gross mismanagement and thus, none of the E-mails were protected pursuant under Part 708. Further, even if the E-mails could be construed to disclose a gross waste of funds, the Hearing Office found that the Individual’s had been involved in a number of workplace incidents involving failure to report an injury, possible faking of the severity of the injury and insubordination such that MOX Services proved by clear and convincing evidence that it would have fired Derrick notwithstanding his alleged disclosures. Consequently, the Hearing Officer denied the complaint.
Richard Cronin - Hearing Officer