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Whistleblower Cases

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May 30, 2006
TBZ-0034 - In the Matter of Casey Von Bargen

This Decision concerns a Motion To Dismiss that was filed by Sandia National Laboratories (hereinafter referred to as “SNL” or “the Respondent”). In this Motion, SNL seeks the dismissal of a complaint that was filed by Casey Von Bargen (hereinafter referred to as “Mr. Von Bargen” or “the Complainant”) under the Department of Energy’s (DOE) Contractor Employee Protection Program (or “Whistleblower”) regulations found at 10 C.F.R. Part 708. This complaint is currently under investigation by the Office of Hearings and Appeals (OHA) (Case No. TBI-0034).

February 23, 2006
TBU-0040 - In the Matter of

Caroline C. Roberts (the complainant), appeals the dismissal of her complaint of retaliation filed under 10 C.F.R. Part 708, the Department of Energy (DOE) Contractor Employee Protection Program. As explained below, the dismissal of the complaint should be sustained, and the appeal denied.

October 27, 2005
TBH-0027 - In the Matter of Clint Olson

This Initial Agency Decision involves a whistleblower complaint filed by Mr. Clint Olson (also referred to as the complainant or the individual) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. The complainant is an employee of BWXT Pantex (BWXT), the Management and Operations Contractor at the DOE’s Pantex Plant in Amarillo, Texas. From July 1999 until November 2004, he was employed as a counter-intelligence officer (CIO) at the plant.

September 19, 2005
TBB-0003 - In the Matter of Gilbert J. Hinojos

This letter pertains to a Petition for Secretarial Review that you filed on August 8, 2005, on behalf of Gilbert Hinojos. In the Petition, you requested that the Secretary of Energy review a July 8, 2005 appeal decision, issued by the Director of the Office of Hearings and Appeals. That appeal decision denied Mr. Hinojos' complaint of retaliation filed pursuant to 10 C.F.R. Part 708.

July 8, 2005
TBA-0003 - In the Matter of Gilbert J. Hinojos

This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on April 27, 2005, involving a Complaint filed by Gilbert J. Hinojos (also referred to as the employee or the complainant) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. In his Complaint, Hinojos claims that his former employer, DOE contractor Honeywell Federal Manufacturing & Technologies (Honeywell or the contractor), retaliated against him for engaging in activity that is protected by Part 708.

April 27, 2005
TBH-0003 - In the Matter of Gilbert J. Hinojos

This Decision concerns a whistleblower complaint filed by Gilbert J. Hinojos (the Employee) under the Department of Energy’s (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. The Employee worked as a “Material Control Coordinator, Sr.” at Honeywell Federal Manufacturing & Technologies (the Contractor), a DOE facility in Albuquerque, New Mexico. The Employee alleges that he engaged in protected activity and that the Contractor retaliated by taking several actions. The Employee’s allegation of retaliatory discharge is the subject of this proceeding.

April 26, 2005
TBU-0033 - In the Matter of

Michael Goetz (the complainant) appeals the dismissal of his complaint of retaliation filed under 10 C.F.R. Part 708, the Department of Energy (DOE) Contractor Employee Protection Program. As explained below, the dismissal of the complaint is upheld.

I. Background

December 9, 2004
TBU-0028 - In the Matter of Glenn Kuswa

Glenn Kuswa, an employee of Sandia National Laboratories (Sandia) in Albuquerque, New Mexico, appeals the dismissal of his whistleblower complaint filed under 10 C.F.R. Part 708, the DOE Contractor Employee Protection Program. On June 22, 2004, the Employee Concerns Program Manager at the DOE’s National Nuclear Security Administration Service Center, Albuquerque, (NNSA/Albuquerque) dismissed Mr. Kuswa’s complaint. As explained below, I reverse the dismissal of the subject complaint, and remand the matter to NNSA/Albuquerque for further processing.

August 13, 2004
TBU-0027 - In the Matter of Clint Olson

Clint Olson (the complainant or the employee), appeals the dismissal of his complaint of retaliation filed under 10 C.F.R. Part 708, the Department of Energy (DOE) Contractor Employee Protection Program. As explained below, the dismissal of the complaint should be reversed and the matter should be remanded for further processing to the Manager of the Employee Concerns Program (Manager) at the National Nuclear Security Administration Service Center (NNSA).

June 2, 2004
TBU-0026 - In the Matter of Charles L. Evans

Charles Evans, a former employee of Fluor Hanford Inc. (Fluor), a Department of Energy (DOE) contractor, appeals the DOE Richland Operations Office=s (Richland) dismissal of the whistleblower complaint he filed against Fluor under 10 C.F.R. Part 708, the DOE Contractor Employee Protection Program.