By Anthony Rivera
In July 2015, I filed a "Petition the Secretary/Statement of Issues" with Secretary Moniz to address my whistleblower case against LLNS. With supporting facts, I explained to Secretary Moniz the DOE OHA was unable to effectively address my complaint, and that the NNSA Livermore Field Office did not demonstrate objective oversight of LLNS relating to my complaint before or after I was dismissed.
Secretary Moniz, then forwarded my Petition to Deputy Secretary Sherwood-Randall. By August of 2016, neither the Secretary or Deputy Secretary had reviewed my Petition, and instead my Petition was pushed back to the DOE OHA (?).
On 9-27-17, the DOE OHA Judge ruled that I indeed raised DOE defined "protected disclosures" regarding a LLNL DTED High Explosives Application Facility (HEAF) liquid mercury spill human hazard, and human hazard safety procedure deficiencies within the LLNL MED Non-Destructive X-Ray Facility. I submitted other 2012/2013 "protected disclosures", but the OHA Judge ruled these disclosures were time-barred and outside of a 90 day time frame, while allowing LLNS to raise time-independent allegations. LLNS convinced the OHA Judge that they would have fired me anyway, so he ruled in the contractors favor, meaning no relief to the employee. The consequences for LLNS regarding the two "protected disclosures" the OHA Judge did identify, have not been communicated. The DOE OHA Judge stated:
"... Mr. Rivera's October 16, 2013, termination was sufficiently close in time to this disclosure to establish a nexus between the protected activity and the allegedly retaliatory action."
Through acquired statements, telephonic investigations, depositions, and Hearing testimony, it became clear to me the entire 2016/2017 DOE OHA review was a "go through the motions" process that would not hold anyone accountable for alleged misrepresentations. Some of the same observed DOE OHA deficiencies prompted my "Petition the Secretary/Statement of Issues" to Secretary Moniz in July of 2015. As stated, that 2015 Petition was pushed back to the DOE OHA.
On January 4, 2018, I submitted by email my "Petition the Secretary/Statement of Issues"/ case no. WBB-17-0010 to DOE Secretary Perry through the OHA Director. The OHA Director was to provide that document set to Secretary Perry. Secretary Perry will make the "final agency decision" on this matter.
From September 2012 through June 2017, I've proposed make-whole reinstatement informal agreements with LLNS, and thus far all have been declined. In my Petition to Secretary Perry, I offered reasons why DOE contractors are rarely compelled to consider informal make-whole reinstatement agreements with dismissed employees.
From 2007, the NNSA has reimbursed LLNS ~$24 million for legal fees to defend themselves in Court against employees. LLNS hired a San Francisco legal firm to represent them in my OHA proceedings too. The NNSA reimbursements to LLNS for legal fees charged by this San Francisco legal firm have not been disclosed through my NNSA FOIA requests and is one of four NNSA FOIA requests now in California Northern District Court case 3:18-cv-01016.
I have offered to meet with Secretary Perry to explain my whistleblower case in detail, and to offer solutions to address chronic whistleblower retaliation within the DOE Complex unaddressed by the previous Administration. President Trump has concerns of bias within our Federal agencies. I can certainly relate.
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 email@example.com
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