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S. R. Davis, a former employee of Fluor Fernald, Inc. (Fluor), a Department of Energy (DOE) contractor, appeals the DOE Ohio Field Office’s (OFO) dismissal of the whistleblower complaint against Fluor she filed under 10 C.F.R. Part 708, the DOE Contractor Employee Protection Program. As explained below, I am affirming OFO’s dismissal of the subject complaint.

This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on May 20, 2003, involving a Complaint filed by Steven F. Collier (Collier or the Complainant) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. In his Complaint, Collier claims that Fluor Fernald, Inc. (FFI), the prime contractor operating the DOE’s Fernald, Ohio site and his former direct employer, Coleman Research Corporation (CRC), an FFI subcontractor, terminated him in retaliation for making disclosures that are protected under Part 708.

This Initial Agency Decision involves a whistleblower complaint filed by Mr. Gary S. Vander Boegh (also referred to as the Complainant) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. Mr. Vander Boegh holds the position of Landfill Manager at the C-746-U Landfill for the DOE’s Paducah Gaseous Diffusion Plant (the “Paducah Plant”) located outside of Paducah, Kentucky. He is an employee of WESKEM, LLC (WESKEM), a subcontractor for Bechtel Jacobs Company, LLC (BJC).

This Decision involves a whistleblower complaint that Elaine M. Blakely filed under the Department of Energy's (DOE) Contractor Employee Protection Program. From 1986 to April 2002, Ms. Blakely was employed at the DOE’s Fernald, Ohio site, most recently by Fluor Fernald, Inc. (FFI). Ms. Blakely alleges that FFI management retaliated against her for activity protected under the DOE Contractor Employee Protection Program.

Gary Vander Boegh (the Complainant), an employee of WESKEM LLC (WESKEM), 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. WESKEM is a subcontractor of Bechtel Jacobs Company LLC (BJC), the management and integration contractor for the C-746-U Landfill at the DOE’s Paducah Gaseous Diffusion Plant located in Paducah, Kentucky.

This determination will consider a Motion to Dismiss filed by Honeywell Federal Manufacturing & Technologies (Honeywell) on April 21, 2003. Honeywell seeks dismissal of the underlying complaint filed by Gilbert J. Hinojos under the Department of Energy's Contractor Employee Protection Program, 10 C.F.R. Part 708.

This Decision involves a whistleblower complaint that Steven F. Collier filed under the Department of Energy's (DOE) Contractor Employee Protection Program. From December 1994 through February 2002, Mr. Collier was employed by Coleman Research Corporation (CRC), a subcontractor of Fluor Fernald, Inc. (FFI), at the DOE’s Fernald, Ohio site. Mr. Collier alleges that CRC and FFI management retaliated against him for activity protected under the DOE Contractor Employee Protection Program.

On November 16, 2001, BWXT Pantex, as successor to Mason & Hanger Corporation (M&H) (collectively referred to as “the contractor”), filed an appeal of an Initial Agency Decision (IAD) issued by an Office of Hearings and Appeals (OHA) Hearing Officer under the Department of Energy (DOE) Contractor Employee Protection Program, 10 CFR Part 708. Robert Burd, 28 DOE ¶ 87,017 (2001). The IAD found that the contractor terminated Robert Burd (the complainant), a former employee at the DOE’s Pantex nuclear weapons plant, in retaliation for making disclosures protected under Part 708.

Henry T. Greene, a former employee of Science Applications International Corporation (SAIC) and a present employee of Bechtel SAIC Company LLC (BSC), both Department of Energy (DOE) contractors, appeals the dismissal of the whistleblower complaint against BSC he filed under 10 C.F.R. Part 708, the DOE Contractor Employee Protection Program. SAIC and BSC are both contractors for the Department of Energy at the Yucca Mountain Project Site. On January 13, 2003, the Deputy Director of DOE’s Office of Repository Development (ORD) dismissed Greene’s complaint against BSC.

On July 18, 2002, Argonne National Laboratory-West (“ANL” or “the contractor”) filed an appeal of an Initial Agency Decision (IAD) issued by an Office of Hearings and Appeals (OHA) Hearing Officer under the Department of Energy (DOE) Contractor Employee Protection Program, 10 CFR Part 708. Bernard Cowan, 28 DOE ¶ 87,023 (2002). The IAD found that the contractor retaliated against Bernard Cowan (“Cowan” or “the complainant”), an employee at ANL, for making disclosures protected under Part 708.