DECISION OF THE BOARD OF DIRECTORS
I. Introduction
The Office of Compliance entered into its records the attached decision of Hearing Officer Sylvia Bacon in this proceeding. The hearing officer granted the Respondent/employing office’s motion to dismiss the complaint concluding that (1) the complaint fails to state a claim upon which the requested relief may be granted; and (2) the claims made in the complaint are not within the jurisdiction of the Office of Compliance as conferred upon it by Congress. The Appellant/Complainant timely filed a petition for review and a supporting brief. The Respondent timely filed its opposition brief.
The Complaint alleges, in summary, that the Complainant opposed unsafe work practices by refusing a superior’s oral direction that he remove his safety hard hat although working in a hard hat designated area. Consequently, that superior became verbally offensive towards the Complainant and forcibly removed Complainant’s hard hat from his head. Complainant alleges consequential and lingering physical and emotional damages therefrom. The Complaint also alleges (1) that the Respondent imposed discipline upon the Complainant; (2) Respondent materially misrepresented facts to prejudice Complainant’s related Workers Compensation claim before the U.S. Department of Labor; and (3) Respondent wrongfully denied the Complainant’s internal grievance, which was based upon these events. Complainant alleges that each of Respondent’s cited acts constituted retaliation proscribed by Section 207(a) of the Congressional Accountability Act (“the Act”), inflicted upon him because Complainant had opposed unsafe working conditions.
II. The Hearing Officer’s Legal Conclusions
The hearing officer, noting that the Act’s single anti-retaliation provision, Section 207(a), is placed in Part A of Title II of the Act, concluded that 207(a) restricts its protection solely to the exercise of rights under those laws applied by Part A. The hearing officer accorded controlling significance to the fact that the Occupational Safety and Health Act, under which the Complainant claims protected activity, is applied by Section 215, which is placed in Part C of Title II of the Act.
