This Decision involves a whistleblower complaint filed by Mr. Eugene Greer under the Department of Energy's Contractor Employee Protection Program, codified at 10 C.F.R. Part 708. Until his employment was terminated on November 4, 1993, Mr. Greer was an audio-visual operator at DOE Headquarters employed by two DOE contractors, Omega, Inc., and its successor META, Inc. During Omega's tenure, the Office of Inspector General (IG) interviewed Mr. Greer in connection with an investigation of misuse of government property by two DOE employees responsible for supervising the audio-visual contract. Ultimately, one of the DOE employees was reprimanded. META succeeded to the Omega contract, hired Mr. Greer and later released him on November 4, 1993. Mr. Greer alleges that he lost his job because of retaliation through META by the two DOE employees who were the subject of the IG investigation.
On November 12, 1993, Mr. Greer filed a Complaint under Part 708 with the DOE's Office of Contractor Employee Protection (OCEP). OCEP investigated Mr. Greer's complaint and issued a Proposed Disposition on March 27, 1996. The Proposed Disposition concludes that Mr. Greer was retaliated against because of his cooperation with the IG investigation, and recommends that Mr. Greer receive compensatory back pay from META and be rehired by Logistics Applications, Inc. (LAI), the present audio-visual contractor. Both META and LAI filed requests with OCEP for a hearing on the Greer complaint under 10 C.F.R. § 708.9(a). OCEP transmitted META and LAI's requests to the Office of Hearings and Appeals (OHA) on April 22, 1996 and May 22, 1996, respectively, and I was appointed the hearing officer. The parties submitted additional material for the record, and sworn testimony was taken at a hearing held on July 9, 1996. META and LAI also made post-hearing submissions. On the basis of all this material and testimony, I find insufficient basis for the claim that termination of Mr. Greer's employment resulted from his cooperation in the IG investigation. The relief he requested shall therefore be denied.