by Larisa Brass
Oak Ridger staff

And Joe Carson's winning streak continues.

A judge has decided in favor of the Oak Ridge Department of Energy whistleblower, ordering the agency to restore him to his former duties as a nuclear safety inspector and to revoke a decision to transfer Carson to operations in Maryland.

"It's certainly the decision I was hoping for," said Carson.

This is not the first time Carson has bested DOE. This is actually the fifth ruling in favor of Carson.

But, he says, in his case this is the "first time DOE has been found at fault for whistleblower reprisal."

The other rulings dealt with attorney's fees and a reprimand against Carson that DOE chose to withdraw.

Carson filed the original complaint in September 1996 to the merit systems protection board, charging that his attempts to report safety and security violations at several DOE sites had resulted in a reduction of his usual performance rating, removal from surveillance responsibilities and reassignment to another site.

Judge Stuart Miller, from the board's regional office in Atlanta, agreed with two of Carson's allegations, writing "that the appellant proved by preponderant evidence that retaliation for whistleblowing was a contributing factor in these personnel actions. I further find that, with the exception of the 1995 appraisal, the agency failed to prove by clear and convincing evidence that it would have taken the same actions in the absence of the whistleblowing activity."

"I was very lucky," said Carson. The majority of whistleblowers do not receive favorable rulings, he said. "And I was extremely well represented by Bob Seldon. His very competence and reputation was a key factor in my winning."

Seldon is from the Project on Liberty and the Workplace, a Washington, D.C., based law firm.

Carson is now waiting to see if DOE will appeal the judge's decision. The Oak Ridger was unable to reach officials at DOE headquarters for comment this morning.

Until then, Carson will continue working at his temporary job with DOE's local operations preparing training material.

"My job no longer has a safety component," he says.