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
The complainant alleges the following facts. In 2000, he was employed by “MOTA,” a DOE subcontractor at the DOE’s Argonne National Laboratory (ANL) located in Argonne, Illinois. He filed a report describing safety violations involving radioactive materials and other safety matters that took place between February 2000 and June 2001. In October 2001 he met with an investigator regarding his safety concerns. He met with another investigator in early 2004 regarding this matter. On March 15, 2004, he voluntarily began work at a new position at NASA/Plum Brook Station, a remote test installation site for the National Aeronautics and Space Administration’s Glenn Research Center.1 His employer at Plum Brook was Bartlett Nuclear, Inc. (Bartlett). It appears that Bartlett is performing a long-term remediation project (decontamination and decommission services) at Plum Brook. Montgomery-Watson is the NASA prime contractor at Plum Brook and Bartlett is a subcontractor of Montgomery-Watson. According to the complainant, “Montgomery-Watson is subject to the oversight of Argonne National Labs personnel.” On November 4, 2004, the complainant was fired from his position with Bartlett, allegedly for improper computer use.
