ARB CASE NO. 02-091
ALJ CASE NO. 02-CAA-1
DATE: November 24, 2003
In the Matter of:
DAVID MARSHALL HIGH,
COMPLAINANT,
v.
LOCKHEED MARTIN ENERGY SYSTEMS, INC.;
LOCKHEED MARTIN CORPORATION;
OAK RIDGE OPERATIONS OFFICE; and
U.S. DEPARTMENT OF ENERGY,
RESPONDENTS.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Complainant: Edward A. Slavin, Esq., St. Augustine, Florida
For the Respondent: Charles W. Van Beke, Esq., Wagner, Myers & Sanger P.C., Knoxville, Tennessee
Kenneth M. Brown, Esq., Oak Ridge, Tennessee
FINAL DECISION AND ORDER
This case arises under the employee protection provision of the Clean Air Act, 42 U.S.C. § 7622 (2000) (CAA). On October 9, 2001, David Marshall High filed a complaint requesting that the Occupational Safety and Health Administration (OSHA) investigate the disappearance of the record in a previous whistleblower claim (High v. Lockheed Martin Energy Systems, Inc., ARB No. 98-075, ALJ No. 1996-CAA-8). The record was lost in transmission from the Administrative Review Board (the Board) to the Office of Administrative Law Judges (OALJ) after the Board remanded the case for further proceedings. 1 High contended that the Board was responsible for the loss. On October 22, 2001, OSHA determined that it had no authority to investigate the Board. High appealed that determination to the OALJ.
1 We note that the record in 1996-CAA-8 has been re-created. See High v. Lockheed Martin Energy Systems, Inc., 1996-CAA-8 (ALJ Nov. 27, 2002).
2 The Petition for Review also requests review of the May 13, 2002 Order to Show Cause, as well as review of the ALJ's "reversal of his November 16, 2001 and January 17, 2002 remand orders to OSHA." Because of the disposition of the case it is not necessary to address these matters.