This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on June 25, 2003, involving a Complaint filed by Elaine M. Blakely (Blakely or the Complainant) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. In her Complaint, Blakely claims that her former employer, DOE contractor Fluor Fernald, Inc. (FFI or the contractor), retaliated against her for engaging in activity that is protected by Part 708. In the IAD, an Office of Hearings and Appeals (OHA) Hearing Officer determined that Blakely engaged in activity that is protected under Part 708, but that FFI showed that it would have taken the same personnel action in the absence of the protected activity. Blakely appeals that determination. As set forth in this decision, I have decided that overall, the determination is correct.
