My September 2013 dismissal from LLNS Update
In the attempt to resolve concerns with LLNS while employed at LLNS, I requested meetings with the Director long before and after the 2013 DRB decision to dismiss me. The Director declined my offers.
LLNS contested my CA unemployment benefit based on “poor employee conduct”. Therefore my CA unemployment benefit was initially denied. I appealed the decision. Representing myself, I appeared before the CA unemployment benefit appeals Judge. Representing the LLNS side were my 2 former engineering division level managers and their Staff Relations attorney. LLNS management and I provided the Judge with supporting documentation and under oath and audio recorded testimony which I have a copy of.
On 1-30-14 the unemployment benefit appeals Judge reversed the earlier decision and stated:
“…The employer has not sustained its burden to show that the claimant’s conduct was willful or wanton under the circumstances and therefore has not shown misconduct. Accordingly, the employer discharged the claimant for reasons other than misconduct and the claimant is not disqualified for benefits under code section 1256…”
I filed a DOE 708 complaint against LLNS in January 2014. In response to my complaint, LLNS sent a letter and their support documentation to DOE/NNSA and requested its dismissal in February of 2014. Receiving documentation from both parties, DOE/NNSA accepted my 708 complaint in March 2014. I selected the "investigation followed by a hearing" option.
After DOE/NNSA accepted my 708 case in March of 2014, I twice offered the Director of LLNS a DOE/NNSA encouraged “informal resolution” to be completely reinstated at LLNS. The informal resolution would have ended the formal DOE OHA investigation followed by a hearing, but my offer was refused in both instances.
My DOE case was dismissed in September of 2014 without a hearing. I appealed the decision to the DOE OHA Director in October of 2014. I may receive a response to my appeal in 30-60 days.
I believe my case has strong past and present similarities to other DOE "whistleblower" cases. As such, I have asked Tim Murphy, Congressman (PA), Chairman of Subcommittee on Oversight and Investigations to determine if material corrections, in his view, have occurred with DOE and the NNSA in response to the Subcommittee’s year 2000 concerns regarding the purported “whistleblower” worker protection/non-retaliation program at DOE facilities Additionally, I have asked the Chair of the Subcommittee on Oversight and Investigations to review the present DOE “Whistleblower” retaliation policy, and if needed, request prompt and measurable actions from DOE/NNSA to address new or chronic problems or material weaknesses identified.
I wrote to Norman J. Pattiz, Chair of the Committee on Oversight of the DOE Energy Labs, and to Janet Napolitano, University of California President, requesting they investigate, review, and revise the LLNS Dismissal Review Board (DRB) policy and practices at LLNS under the authority defined in University of California “Bylaw 12.6 a-d Committee on Oversight of the Department of Energy Laboratories”.
On 11-12-14, I was informed by the UC Regents General Counsel that Laboratory Director Bill Goldstein was asked to review and respond to the questions raised in my 11-3-14 memorandum to the UC Regents.
Applicable to both DOE and LLNS policies and practices, there is a distinction between the merits of a process and the merits of an outcome built on that process. I have requested process review and provided detailed justification to do so.
This BLOG is for LLNL present and past employees, friends of LLNL and anyone impacted by the privatization of the Lab to express their opinions and expose the waste, wrongdoing and any kind of injustice against employees and taxpayers by LLNS/DOE/NNSA. The opinions stated are personal opinions. Therefore, The BLOG author may or may not agree with them before making the decision to post them. Comments not conforming to BLOG rules are deleted. Blog author serves as a moderator. For new topics or suggestions, email firstname.lastname@example.org
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