ORDER FOR JOINDER OF CASES AND DECISION OF THE BOARD OF DIRECTORS
These cases are before the Board of Directors (“Board”) pursuant to petitions for review filed by William Hudson (“Appellant” or “Hudson”), an employee with the Office of the Architect of the Capitol (“AOC” or “Appellee”). Hudson seeks review under Section 5.03(d) of the Procedural Rules of the Office of Compliance (“OOC”), of the July 12, 2010, order by Hearing Officer Gary M. Gilbert granting the Appellee’s Motion for Summary Judgment in Case No. 08-AC-44 (CV, RP) (“Hudson I”) and the July 12, 2010 decision by Hearing Officer Gilbert that dismissed the complaint on its merits after an evidentiary hearing in Case No. 09-AC-04(RP) (“Hudson II”). The Appellant timely filed petitions for review of the Hearing Officer’s decisions and orders and supporting briefs. The Appellee employing office filed briefs in opposition to both petitions for review.
The Board has duly considered the Hearing Officer’s Decisions and Orders in both cases, and the parties’ filings. For the reasons that follow, the Board joins the cases and affirms the Hearing Officer’s decision in both cases.
I. Background
Both Hudson I and Hudson II concern events occurring in the Paint and Refinishing Shop (Paint Shop) in the Senate Office Building where Hudson was employed by AOC 2 on a permanent basis as a painter in the Paint Shop and was supervised by Assistant Supervisor (and later, Supervisor) Jack Sypult. In both cases, Hudson’s alleged protected activity concerned his advice to a co-worker Sidney McMahan to file a complaint with the Office of Compliance (“OOC”) about discriminatory acts towards McMahan and Hudson’s intention to act as a witness for McMahan should he make such a filing.
Hudson I
On April 30, 2007, during lunch in the break room of the Paint Shop, Hudson told temporary employee Sidney McMahan that he should file a complaint with the OOC about discriminatory acts towards McMahan in the Paint Shop concerning his race and sexual orientation. Hudson gave this advice to McMahan in the presence of co-workers Mike McMullin, Kevin Tippins, and Peter Sheehan.
