[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR708.1] [Page 329-330] TITLE 10--ENERGY CHAPTER III--DEPARTMENT OF ENERGY PART 708_DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM--Table of Contents Subpart A_General Provisions Sec. 708.1 What is the purpose of this part? Subpart A_General Provisions Sec. 708.1 What is the purpose of this part? 708.2 What are the definitions of terms used in this part? 708.3 What employee complaints are covered? 708.4 What employee complaints are not covered? 708.5 What employee conduct is protected from retaliation by an employer? 708.6 What constitutes ``a reasonable fear of serious injury?'' 708.7 What must an employee do before filing a complaint based on retaliation for refusal to participate? 708.8 Does this part apply to pending cases? 708.9 When is a complaint or other document considered to be ``filed'' under this part? Subpart B_Employee Complaint Resolution Process 708.10 Where does an employee file a complaint? 708.11 Will an employee's identity be kept confidential if the employee so requests? 708.12 What information must an employee include in a complaint? 708.13 What must an employee do to show that all grievance-arbitration procedures have been exhausted? 708.14 How much time does an employee have to file a complaint? 708.15 What happens if an employee files a complaint under this part and also pursues a remedy under State or other law? 708.16 Will a contractor or a labor organization that represents an employee be notified of an employee's complaint and be given an opportunity to respond with information? 708.17 When may DOE dismiss a complaint for lack of jurisdiction or other good cause? 708.18 How can an employee appeal dismissal of a complaint for lack of jurisdiction or other good cause? 708.19 How can a party obtain review by the Secretary of Energy of a decision on appeal of a dismissal? 708.20 Will DOE encourage the parties to resolve the complaint informally? Subpart C_Investigation, Hearing and Decision Process 708.21 What are the employee's options if the complaint cannot be resolved informally? [[Page 330]] 708.22 What process does the Office of Hearings and Appeals use to conduct an investigation of the complaint? 708.23 How does the Office of Hearings and Appeals issue a report of investigation? 708.24 Will there always be a hearing after a report of investigation is issued? 708.25 Who will conduct the hearing? 708.26 When and where will the hearing be held? 708.27 May the Hearing Officer recommend mediation to the parties? 708.28 What procedures govern a hearing conducted by the Office of Hearings and Appeals? 708.29 What must the parties to a complaint prove? 708.30 What process does the Hearing Officer follow to issue an initial agency decision? 708.31 If no hearing is conducted, what is the process for issuing an initial agency decision? 708.32 Can a dissatisfied party appeal an initial agency decision? 708.33 What is the procedure for an appeal? 708.34 What is the process for issuing an appeal decision? 708.35 How can a party obtain review by the Secretary of Energy of an appeal decision? 708.36 What remedies for retaliation may be ordered in initial and final agency decisions? 708.37 Will an employee whose complaint is denied by a final agency decision be reimbursed for costs and expenses incurred in pursuing the complaint? 708.38 How is a final agency decision implemented? 708.39 Is a decision and order implemented under this regulation considered a claim by the government against a contractor or a decision by the contracting officer under sections 6 and 7 of the Contract Disputes Act? 708.40 Are contractors required to inform their employees about this program? 708.41 Will DOE ever refer a complaint filed under this part to another agency for investigation and a decision? 708.42 May the deadlines established by this part be extended by any DOE official? Sec. 708.43 Does this rule impose an affirmative duty on DOE contractors not to retaliate? Authority: 42 U.S.C. 2201(b), 2201(c), 2201(i), and 2201(p); 42 U.S.C. 5814 and 5815; 42 U.S.C. 7251, 7254, 7255, and 7256; and 5 U.S.C. Appendix 3. Source: 64 FR 12870, Mar. 15, 1999, unless otherwise noted. This part provides procedures for processing complaints by employees of DOE contractors alleging retaliation by their employers for disclosure of information concerning danger to public or worker health or safety, substantial violations of law, or gross mismanagement; for participation in Congressional proceedings; or for refusal to participate in dangerous activities.