On September 18, 2013, the OHA Hearing Officer issued an Initial Agency Decision considering a Motion to Dismiss filed by the Battelle Energy Alliance, LLC (BEA) against its former employee, Vincent Daniel, in connection with Mr. Daniel’s Complaint of retaliation filed against BEA under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 C.F.R. Part 708. Mr. Daniel complained that as a result of certain protected disclosures that he made, BEA retaliated against him when he was placed him on a performance improvement plan, was given negative performance ratings, was reassigned duties, and was terminated. The Hearing Officer concluded that the complainant did not make a protected disclosure as defined under Part 708 when he complained about a discrepancy in two databases that measured nuclear accountable materials. Thus, the Hearing Officer granted BEA’s Motion to Dismiss and dismissed Mr. Daniel’s Complaint.
Shiwali Patel - Hearing Officer