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Whistleblower Cases

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April 10, 2014
WBZA-13-0017 - In the Matter of Edward G. Gallrein, III

On April 10, 2014, the Office of Hearings and Appeals (OHA) issued a decision granting two motions to dismiss the Part 708 Complaint filed by Edward G. Gallrein, III.  Babcock & Wilcox Y-12, LLC, and GemTech Y-12, LLC, each filed a motion to dismiss Mr. Gallrein’s Complaint against them, in which he alleged that he made disclosures protected under 10 C.F.R. § 708.5(a) that contributed to retaliatory actions against him, including his termination from his position.  The Administrative Judge assigned to the hearing that Mr.

April 10, 2014
WBZ-13-0017 - In the Matter of Edward G. Gallrein, III

On April 10, 2014, the Office of Hearings and Appeals (OHA) issued a decision granting two motions to dismiss the Part 708 Complaint filed by Edward G. Gallrein, III.  Babcock & Wilcox Y-12, LLC, and GemTech Y-12, LLC, each filed a motion to dismiss Mr. Gallrein’s Complaint against them, in which he alleged that he made disclosures protected under 10 C.F.R. § 708.5(a) that contributed to retaliatory actions against him, including his termination from his position.  The Administrative Judge assigned to the hearing that Mr.

April 10, 2014
WBH-13-0017 - In the Matter of Edward G. Gallrein, III

On April 10, 2014, the Office of Hearings and Appeals (OHA) issued a decision granting two motions to dismiss the Part 708 Complaint filed by Edward G. Gallrein, III.  Babcock & Wilcox Y-12, LLC, and GemTech Y-12, LLC, each filed a motion to dismiss Mr. Gallrein’s Complaint against them, in which he alleged that he made disclosures protected under 10 C.F.R. § 708.5(a) that contributed to retaliatory actions against him, including his termination from his position.  The Administrative Judge assigned to the hearing that Mr.

March 28, 2014
WBU-14-0005 - In the Matter of Frank T. Clark

On November 14, 2013, the Office of Hearings and Appeals (OHA) issued a decision denying Mr. Frank T. Clark’s (Clark) Appeal of the National Nuclear Security Administration Whistleblower Program Manager’s (Manager) dismissal of his whistleblower complaint for failure to present an issue to which relief could be granted under Part 708. Mr. Clark’s complaint alleged that, during the period 2008 to 2010, he was employed by a subcontractor, NCI. Mr.

November 19, 2013
WBX-12-0004 - In the Matter of Denise Hunter

On November 19, 2013, a Hearing Officer issued a Supplemental Decision involving a complaint filed by Denise Hunter against The Whitestone Group (Whitestone) under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 C.F.R. Part 708.  In an Initial Agency Decision, the Hearing Officer had determined that Ms.

September 30, 2013
WBU-13-0014 - In the Matter of Earl M. Ballard

On September 30, 2013, the Office of Hearings and Appeals (OHA) issued a decision granting Mr. Earl Ballard’s Appeal of the Portsmouth/Paducah Project Office’s (PPPO) dismissal of his whistleblower complaints for lack of jurisdiction or other good cause.  The OHA found that PPPO did not provide Mr. Ballard with an opportunity to correct his original Complaint’s deficiency before dismissing his complaints and improperly failed to consider his second Complaint, and remanded the case to PPPO in order to provide Mr. Ballard with a reasonable opportunity to supplement his. 

September 19, 2013
WBU-13-0013 - In the Matter of Sabine Lauer

On September 19, 2013, the Office of Hearings and Appeals (OHA) issued a decision denying Ms. Sabine Lauer’s Appeal of the NNSA’s dismissal of her whistleblower complaint for lack of jurisdiction.  The OHA agreed with NNSA’ dismissal of Ms. Lauer’s Complaint because she had entered into a separation agreement with her employer which waived her claims and released her employer from any liability resulting from her employment.  Therefore, the OHA denied her Appeal.

 

September 18, 2013
WBZ-13-0006 - In the Matter of Vincent E. Daniel

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.

September 18, 2013
WBH-13-0006 - In the Matter of Vincent E. Daniel

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.

August 7, 2013
WBA-13-0007 - In the Matter of Alison Marschman

On August 7, 2013, the Director of OHA granted an Appeal involving a complaint filed by Alison Marschman (Marschman) against Battelle Energy Alliance (Battelle) under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 C.F.R. Part 708.  In her complaint, Marschman alleges that she was terminated from her position in 2013 because of a previous Part 708 Complaint she filed in 2009.