Barbara Pogue v. United States Department of Labor Lynn Martin, Secretary

Barbara Pogue, a former civilian employee of the Department of the Navy, petitions for review of the Secretary of Labor’s dismissal of her complaint and rejection of an Administrative Law Judge’s (“AU”) determination that the Navy had unlawfully retaliated against her for engaging in “whistleblowing” activity protected under four separate environmental statutes. Concluding that the Secretary’s decision to dismiss Pogue’s complaint is not supported by substantial evidence, we reverse the Secretary’s determination.

I.

FACTS AND PROCEEDINGS

Pogue, a nuclear engineer, began working for the Navy as a civilian employee in 1980, and transferred to the Mare Island Naval Shipyard in 1982. In September 1986, Pogue began working at the shipyard’s Occupational Safety and Health Office (“Code 106”), a hazardous waste oversight position charged with the responsibility for surveying and reporting on hazardous waste compliance.

Between September 14 and October 28, 1986, Pogue prepared seven internal reports identifying numerous instances of hazardous waste noncompliance at the shipyard. In mid-November 1986, Pogue sent a letter to the Shipyard Commander reporting the environmental violations…