Freels v. Lockheed Martin Energy Systems, Inc., ARB No. 95-110, ALJ Nos. 1994-ERA-6 and 1995-CAA-2 (ARB Feb. 21, 1997)

U.S. Department of Labor

Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210

ARB CASE NO. 95-110
ALJ CASE NOS. 94-ERA-6
    95-CAA-2
DATE: February 21, 1997

In The Matter of:

BETTY FREELS,
    COMPLAINANT,

    v.

LOCKHEED MARTIN ENERGY SYSTEMS, INC., ET AL.,¹
    RESPONDENTS.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

   Case No. 94-ERA-6 arises under the employee protection provisions of the Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. § 5851 (1988 and Supp. V 1993), the Clean Air Act, 42 U.S.C. § 7622, the Toxic Substances Control Act, 15 U.S.C. § 2622, the Safe Drinking Water Act, 42 U.S.C. § 300-j(9)(i), the Water Pollution Control Act, 33 U.S.C. § 1367, and the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9610 (all 1988).² Consolidated Case No. 95-CAA-2 arises under the employee protection provisions of the environmental acts.

   In a Final Decision and Order issued on December 4, 1996, this Board found that Respondents were entitled to summary judgment on the complaint in Case No. 94- ERA-6. In that decision, the Board also dismissed the complaint in Case No. 95-CAA-2 against certain Respondents for lack of jurisdiction and, as to the remaining Respondent, found that Complainant did not state a claim upon which relief may be granted. Accordingly, the Board dismissed the consolidated complaints in their entirety.

¹ Lockheed Martin Energy Systems, Inc. (Energy Systems) was formerly known as Martin Marietta Energy Systems, Inc. The other respondents in Case No. 94-ERA-6 are Oak Ridge National Laboratory (ORNL) and Martin Marietta Corporation. The complaint was dismissed as to four individual employees of Energy Systems who initially were named respondents.

   In Case No. 95-CAA-2, the named respondents are: Energy Systems; ORNL; Martin Marietta Corporation; Martin Marietta Technologies, Inc.; ORNL and Energy Systems' Medical, Health, Health Physics, Occurrence Reporting, Environmental Monitoring and Industrial Hygiene Departments; and the Oak Ridge Operations Office of the United States Department of Energy (DOE).

² With the exception of the ERA, we will refer to these statutes as "the environmental acts."