REGENTS OF THE UNIVERSITY OF CALIFORNIA,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Complainant:
Dana L. Gold, Esq., Government Accountability Project, Seattle, Washington
For the Respondent:
Ellen Cain Castille, Esq., Los Alamos National Laboratory, Los Alamos, New Mexico
ORDER AWARDING ATTORNEYS' FEES AND COSTS
This case arose out of a complaint Joe Gutierrez filed claiming that his employer, Los Alamos National Laboratory (LANL or Laboratory) violated the employee protection (whistleblower) provision of the Energy Reorganization Act of 1974, as amended, 42 U.S.C.A. § 5851 (West 1995) (ERA or Act), when it added a negative comment to his performance evaluation and gave him a reduced pay increase in 1997. After a formal hearing, an Administrative Law Judge (ALJ) issued a Recommended Decision and Order finding that LANL violated the Act and recommending relief for Gutierrez. The ALJ recommended a retroactive 4% salary increase, reimbursement of used vacation days, expungement of the negative comment from the performance evaluation and an award of attorneys' fees and costs in the amount of $49,104.37. The ALJ also recommended an award in the amount of $15,000 for emotional distress.1
1 The ALJ issued an August 16, 1999 recommended decision and order approving attorneys' fees and costs. An electronic copy of both of the ALJ's recommended decision and orders is available at the Office of Administrative Law Judges' website: http://www.oalj.dol.gov/PUBLIC/WBLOWER/REFRNC/ERALIST5.HTM.
2 An electronic version of the Board's decision, in PDF format, is located at http://www.oalj.dol.gov/public/arb/decsn2/99_116a.erap.pdf.