WBH-23-0002 - In the Matter of Jon B. Sharpe

On March 14, 2024, the Office of Hearings and Appeals (OHA) denied the complaint filed by John B. Sharpe against United Cleanup of Oak Ridge, LLC (UCOR), and URS/CH2M Oak Ridge, LLC, under the Department of Energy's (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. In his complaint, Mr. Sharpe alleged that he made protected disclosures of a substantial violation of a law, rule, or regulation and a substantial and specific danger to UCOR leadership and a DOE official. As a result, he alleged that he received a formal written warning and was later terminated. The Administrative Judge (AJ) found that Mr. Sharpe presented sufficient evidence to demonstrate he made a protected disclosure by disclosing a substantial violation of regulations when he reported the electrical condition of a building to UCOR leadership, but he did not disclose a substantial and specific danger. The AJ also found that the disclosures were a contributing factor to Mr. Sharpe's written warning and termination given that the individual's responsible for the adverse employment actions had actual notice of Mr. Sharpe's protected activity and the evidence established temporal proximity between his disclosures and the adverse actions; however, the AJ dismissed the claim for retaliation on the basis of the written warning because it was not timely filed. Regarding the remaining claim, the AJ found that UCOR demonstrated by clear and convincing evidence that it would have terminated Mr. Sharpe irrespective of his protected disclosures. Accordingly, the AJ denied the complaint. (OHA Case No. WBH-24­0002, Thompson). (OHA Case No. WBH-23-0002, Thompson III)