Blaine P. Thompson v. United States Department of Labor

OVERVIEW

Blaine P. Thompson (Thompson) appeals the Secretary of Labor’s (“Secretary”) order dismissing his complaint with prejudice after Thompson and the Arizona Public Service Company (APS) reached an agreement settling Thompson’s claims under section 210 of the Energy Reorganization Act (ERA), 42 U.S.C. section 5851 . We have jurisdiction pursuant to 42 U.S.C. section 5851 (c), and we reverse and remand.

FACTS

Thompson was a security shift captain at the Palo Verde nuclear power plant operated by APS. Thompson filed a complaint with the Nuclear Regulatory Commission alleging that APS failed to investigate properly an alleged rape committed by one of APS’ security guards. After he filed this complaint, Thompson allegedly was demoted, transferred, and discriminated against in his employment.

In 1986, Thompson filed three complaints with the Department of Labor alleging that his job changes were illegal retaliatory acts under the “nuclear whistleblower protection law”, codified at 42 U.S.C. section 5851 . In 1987, the parties attended a pre-hearing conference and Administrative Law Judge Karst (AU) encouraged the parties to settle. The parties began settlement…