ARB CASE NO. 99-121
ALJ CASE NOS. 92-CAA-2,
92-CAA-5, 93-CAA-1,
94-CAA-2, 94-CAA-3,
95-ERA-1
DATE: JUN - 9 2000
In the Matter of:
C. D. VARNADORE,
COMPLAINANT,
v.
OAK RIDGE NATIONAL LABORATORY,
LOCKHEED MARTIN ENERGY SYSTEMS,
INC., AND LOCKHEED MARIETTA CORP.,
RESPONDENTS.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ORDER
Complainant in these consolidated cases under the environmental whistleblower
laws and the Energy Reorganization Act, 29 C.F.R. Part 24 (1999), moved for an order "to
draw adverse inferences," for oral argument, to make corrections to his March 3, 2000 rebuttal
brief, and included a Freedom of Information Act request. For the reasons set out below, the motion
to draw adverse inferences and for oral argument is denied; the motion to make corrections is granted
and, as explained below, the FOIA request is being addressed separately.
1See Varnadore v. Oak
Ridge Nat 'l Lab., Case Nos. 92-CAA-2, 92-CAA-5, 93-CAA-1, Sec'y. Dec. Jan. 26, 1996 and
Varnadore v. Oak Ridge Nat']. Lab., Case Nos. 92-CAA-2, 92CAA-5, 93-CAA-1, 94-CAA-
2, 92-CAA-3, 95-ERA-1, ARB Dec. Jun. 14, 1996.
2 The Briefing
Order initially issued in this case stated a briefing date for the Assistant Secretary. Briefing order
dated September 28, 1999. However that error was corrected in a subsequent order. Order clarifying
Briefing Schedule, dated February 26, 2000.
3 The authority and
responsibility of the Wage Appeals Board and the Board of Service Contract Appeals were
transferred to the Administrative Review Board by Secretary's Order No. 2-96, 61 Fed. Reg. 19978
(May 3, 1996) .