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Whistleblower Cases

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November 5, 2007
TBH-0046 - In the Matter of David K. Isham

David Isham filed a retaliation complaint (the Part 708 Complaint or the Complaint) under the Department of Energy (DOE) Contractor Employee Protection Program. 10 C.F.R. Part 708 (2007). As explained below, I have determined that the Complaint should be dismissed.

November 2, 2007
TBH-0034 - In the Matter of Casey von Bargen

This Initial Agency Decision involves a whistleblower complaint filed by Mr. Casey von Bargen (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 was an employee of COMPA Industries, Inc. (COMPA), a subcontractor of Sandia Corporation (Sandia) which manages the Sandia National Laboratories (SNL) in Albuquerque, New Mexico for the DOE. On June 2, 2003, he began employment at the SNL facility as a safety engineer.

August 30, 2007
TBU-0071 - In the Matter of Jeffrey R. Burnette

Jeffrey R. Burnette (Burnette or 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. The complaint was dismissed for lack of jurisdiction under Section 708.17. As explained below, the dismissal of the complaint should be sustained, and the appeal denied.

August 29, 2007
TBA-0030 - In the Matter of Curtis Broaddus

Curtis Broaddus filed a complaint of retaliation under the Department of Energy (DOE) Contractor Employee Protection Program. See 10 C.F.R. Part 708. Mr. Broaddus alleged that he engaged in protected activity and that his employer, BWXT Pantex (BWXT), retaliated by not giving his working group a proposed salary increase. An Office of Hearings and Appeals (OHA) Hearing Officer denied relief, and Mr. Broaddus filed the instant appeal. In a companion case involving Mr. Broaddus’ subordinate, Clint Olson, I held that BWXT’s failure to grant the proposed salary increase was not retaliatory.

July 16, 2007
TBU-0070 - In the Matter of Sharon M. Fiorillo

Sharon M. Fiorillo (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. The complaint was filed on May 4, 2007. As explained below, the dismissal of the complaint should be sustained, and the appeal denied.

July 9, 2007
TBA-0023 - In the Matter of Franklin C. Tucker

This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on April 9, 2007, involving a Complaint of Retaliation filed by Franklin C. Tucker (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, Tucker claims that his former employer, DOE contractor BWXT Y-12, L.L.C. (BWXT or the contractor), retaliated against him for engaging in activity that is protected by Part 708.

May 23, 2007
TBU-0068 - In the Matter of Delbert F. Bunch

Delbert F. Bunch (Bunch or 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. The complaint was dated September 6, 2006. As explained below, the dismissal of the complaint should be sustained, and the appeal denied.

May 16, 2007
TBU-0065 - In the Matter of Donald E. Searle

Donald E. Searle (Searle or the complainant) appeals the dismissal of his complaint of retaliation and request for investigation 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.

May 10, 2007
TBU-0067 - In the Matter of Charles Montano

Charles Montano (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. The complaint was dated January 30, 2007. As explained below, the dismissal of the complaint should be sustained, and the appeal denied.

May 9, 2007
TBA-0027 - In the Matter of Clint Olson

This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on October 27, 2005, involving a Complaint of Retaliation filed by Clint Olson (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. Olson was an employee of BWXT Pantex (also referred to as BWXT, the firm, or the contractor), the Management and Operating Contractor at the DOE’s Pantex Plant in Amarillo, Texas. In his Complaint, Mr.