Steven Lockert v. United States Department of Labor, Ann McLaughlin Secretary of Labor, and Pullman Power Products Corporation, Respondent-Intervenor

This case involves the discharge of Steven Lockert, a Quality Control Inspector at a nuclear power plant operated by Pullman Power Products Corp. Lockert claims that he was terminated in violation of the Energy Reorganization Act of 1974, which protects employees who assist or participate in actions to carry out the purposes of the federal statutes regulating the nuclear energy industry. The AU and the Secretary of Labor concluded that Lockert was not terminated because of his safety-related activities and that the Act’s “whistleblower” protection does not apply. We affirm.

I

Lockert was a Quality Control Inspector (QCI) at the Diablo Canyon Nuclear Power Plant in California between July 25, 1983 and December 15, 1983. In essence, Loc-kert argues that he was a diligent quality control inspector who was fired for doing his job too conscientiously. The Secretary and Pullman argue that Lockert was terminated because he twice left his assigned work area without permission in violation of Pullman’s rules for employees.

The “chain of command” at Diablo Canyon apparently was as follows. Jim Cunningham, a QCI leadman, was Lockert’s immediate supervisor. Jeff Charbaneau and Russel Nolle…