ML030710073
| ML030710073 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry, Watts Bar, Sequoyah  |
| Issue date: | 11/27/2000 |
| From: | Harvey W US Equal Employment Opportunity Commission (EEOC) |
| To: | Office of Nuclear Reactor Regulation |
| Byrdsong A T | |
| References | |
| +adjud/ruledam200506, -RFPFR, 50-259-CIVP, 50-260-CIVP, 50-296-CIVP, 50-327-CIVP, 50-328-CIVP, 50-390-CIVP, ASLBP 01-791-01-CIVP, RAS 5955, TVA-Licensee-100 | |
| Download: ML030710073 (7) | |
Text
I )5 EQUAL E!meLOYMENT OPPORTUNITY COMkzAINT Complaint of Discrimination Because of Race, Color, Religion, ; 0 51 .
Sex, National Origin, Age, HandicaplDisability, or Reprisal
- ,,g-3Io-yveP . al. Lce ,sge. tkbi4 /o- Rec s5 /7IO2 Ronald 0. This Block for: Jse. Ohly La.same -ar . ;->. *.::._FirstNime: *f . S..': 'kit . ;., ',,s,W.uppuntuflity Gmplianu
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Date Received:-7 a .
Home Address 'Se$ CofttadcfNumber:
2000183 City State Zip Code Other Information:
/ 1_0 4 IX J9 Area Code Home Telephone Number Social SecurityNumber ame below the division, branch, section, or unit ofTVA in which you believe the discrimination against you occurred.
Group Operation Division COO/Chief Nuclear Power Engineering & Technical Services :
re you a TVA employee? 1 Yes ] No If yes, answer below:
Present Title and Grade Group Operation Division Manager, PG-SR COO/CNP Eng. & Tech. Services TVA Address Telephone Number or Extension LP 4T-C 423751-4054
- hec basis~es) on which you believe you were discriminated against and which was discussed with your counselor:
3 Race or Color? If so, state your race or color: Black I Religion? If so, state your religion:
]National Origin? If so, state your national origin:
]
Sec? If so, state your sex:
]Age? If so, state your age:
]Handicap/Disability? List:
] Reprisal? If so, state prior involvement in the discrimination complaint process:
ate most recent alleged discrimination took place: August 1996 and continuing to the present lame of EOC Counselor with whom you discussed your complaint Willie J. Harvey irst contact date with EOC Counselor or EOC Staff: August 23, 2000
)ate EEO counseling concluded: November 27, 2000 o you have a representativelattorney? yeS Name: C. ijf9z E. 0 aAAd ress: lC I -f&Is P LOAC&. 9-* . 47 I V - - - - - -
AE~READ AND SIGN PAGE 2 - YOU MAY ATTACH ADDITIONAL SHEETS WHEN YOU SUBMIT THIS COMPLAINT OTVM GB01O50- TVA Exh. 100 Templa-e sEcy-oa scc/-oz
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DOCKEThD t 50-39a 6IvpM' cn aiLM o USNOC tn tt. nw, of MA- 2003 MARI PM 1: 02 staff IDENTIFIED Appcant _ RECEIVED__ IRFJ'LC (I ' SURLIARY
'nior- / ("sc -4EJECTED / RULLHA)NGS AND ADJUDI)ICATIONS STAFF Otr NITHDRAWN ., /'
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Explain very specifically how you were either (1) treated differently from other employees or applicants because of your 1:7.cecolor, religion, sex, national origin, age, h dicap/disability;, (2) denied accommodations; (3) harassed; (4) retaliated mnst.: You mnay~reference your discussions with your EOC Counselor as documented in Section 5 of the Precomplaint cling Report.
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I certify that all statements included in this complaint are true to the best of my knowledge and belief.
i'b oo _ _ _ _ _ _ _ _ _ _ _
Date Signed Complainant's Signature INEPORTANT: A copy ofyour rights as acomplainant isattached to this complaint formn. Please read carefully and keep the copy for your records.
This form should be mailed to Equal Opportunity Compliance, Tennessee Valley Authority, 400 West Summit Hill Drive, ET 2D, Knoxville,
.- miessee 37902, and will be considered timely if so addressed and postmark-ed or hand delivered by midnight on the 15th day after receipt ofrthe
'"CE OF FINAL DITERVIEW AND RIGHT TO FILE A DISCRIMINATION COMPLAINT.
PRIVACY ACT STATEMENT I1. TITLE/DATE. Equal Employment Opportunity Complaint, October 1997.
- 2. AUrHORfTY. TVA Act of 1933, 16 U.S.C. Section 831-831ldd, Executive Order 11478,42 U.S.C. Section 2000e-l16,29 U.S.C.
Section 633Ca).
- 3. PRINCIPLE PURPOSES. The prizmry uses of this information are to determine whether the comnplaint was tiniely filed and/or whether the allegations in the complaint are within the purview of 29 C.F.R. Part 1614, and to investigate and issue a decision on the complaint.
- 4. ROUTINE USES. Other uses may include: As a data source for statistical and analytical studies, to respond to Freedom of Inforation Act requests for statistical information; to refer information to Federal, State, and local law enforcement agencies if the agency becomes aware of a violation or possible violation or a law or regulation; to supply information to the Equal Employment Opportunity Commission (EEOC) in the event an appeal is filed; to supply information to TVA consultants or contractors providing support services to the complaint process; to refer information to FederalState, or local agencies with oversight review or law enorcementresponsibilities; to disclose information to the parties or complainants in a grievance, EEOC, or Merit Systems Protection Board proceeding;, to provide information to a congressional office; and to disclose information in response to a subpoena or to a court or another Federal agency whene the Government is a party to a suit before the court.
S. WHETHIER DISCLOSURE IS MANDATORY OR VOLUN~TARY AND AFFECT ON INDIVIUAL FOR NOT PROVIDING INFORMAMION. Furnishing the information requested on this form is voluntary, but failure to identify the parties, the action or policy cornplaiud bfocit6 sign the cormplainfrmay result in rejection and dismissal of the co~mplaint.
GEO01.5621
PRECOMPLAINT COUNSELUNG REPORT Equal Opportunity Compliance :.2JIJ 5.9 23N I I
Grover, Ronald 0. Contact No. 2000183 - WJH-Last ___ Fuirt M~ddle Home Address:
uputLelt Com4pllance L-...u.u.untUjLM-TVA LP 4T-C Address: Chattanooga, Tennessee Organization(s): COO/Chief Nuclear Power Phone: (Home) (wNork) 4231751-4054 Sex: Male Race: Black Veteran: [X]Yes []Nc Social Security N.
Jbb Title, Schedule, Grade: Manager. PG-SR Type of Appointment: Salary Policy: Hbourly _ _ _ _ _ Annual XX Trades and Labor. Hboury _ _ _ _ _ Annual Former Employee: []Yes [] No Applicant: [I Yes [3 No Contractor. [I Yes [] No Contracting Co.
'ON 2 Responsible Management Organization Code: C620000000 Group: COO/Chief Nuclear Power Operation: Engineering &Technical Services Division: Location: Chattanooga, Tennessee Human Resource Officer. James E. Boyles SECTION 3 Date of Initial
Contact:
Augeust 23, 200 0 Ifgreater than 45 days, explanation: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date of Final Interview: November 27, 2000 -Unresolved Date Final NoticeSent: November 27, 2000 ParticipatedIn agency mediation process: Yes ,No__X _if yes, issues resolved.YsN SECTION 4 Type of Disputed Action(s): (1) Not Allowed Inter-view for Position (2) Refusal to'Implement Carieer Development
- Plans I I Personnel Action - Effective Date(s): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
[XI Other Action - Effective Date(s): (1) Junel1996 (2) August 1996 and continuingr --
TVA 17250 110-96] Page I GEIO i~
0 014'562
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....SCTlON 5
- 'C 2rover, Ronald 0.
Describe specifically the action, event, or matter complained of which Counselee believes to be discriminatory:
Counselee alleges he was discriminated against because of his race (Black) when he was not granted an interview for the Radiological and Chenistry Controlmanageresposition in the Nuclear Power organization in Junel1996. Counselee also alleges he was discriminated against because of his race When.Nuclear Power management refused to implement two (2) separate career development plans beginning in August 1996and continuing to the present.
SECTION 6 CorrectiveAction Requested by Counselee: Compensation for monetary and emotional damages and attorney fees.
SECTION 7 What factor(s) does Couniselee believe was the basis for the discrimination experienced?
Code Basis Specify 01 Race Black SECTiON 8 The following Issue(s) was discussed with both the Counselee and Agenc Officials:
Code Issue 38 Not granted interview for employment position in June 1996 38 Refu~sal to implement career development plans beg~inning in August 1996 I
I I I
TVA 17250 110-96] Page 2 1 056 GBOO'1563
_ . 0-SECTION 9 me: Grover, Ronald 0.
Summary of counselor's actions; advice given to Agency official(s) and aggrieved person concerning Issues; and statement of counselor's attempts to resolve the matter (include all/any names of contact persons or witnesses, dates, titles, organization, meetings held, etc.):
INITIAL CONTACT AND COUNSELING INTERYIEW Oa August 23, 2000, the Counselee contacted me and requested EEO counseling to address the issues outlined in this report I held the initial counseling interview with him at the Chestnut Street Tower in Chattanooga on August 28, 2000.
Following a review of his rights and responsibilities, and a review of documents related to his concerns, Counselee stated that he did not want to remain anonymous during the counseling phase and I could proceed to conduct an inquiry and attempt to resolve the issues listed on the Rights and Responsibilitiesin the Equal OpportunityComplaint Processform.
AlLEGATIONS OF DISCRIMII{ATION During the initial interview and after a lengthy discussion of employment discrimination theories and guidelines, Counselee asserted that he wanted to pursue through the EEO process resolution of the following two (2) issues:
IssuE 1i1 - Counselee alleges that because of his race (Black), TVA Nuclear management did not allow or grant him an interview for the newly established Radiological and Chemistry Control manager position that was filled in June 1996.
Counselee said the position was created when his former position, Chemistry Manager, and the Radiological Control Manager position of his white male counterpart [who was selected to fill the new position) were combined. In a legal document, COMPLAINT AND AFIDAVIT OF RONALD GROVER, Counselee said,
"...I was qualified for considerationfor that position, due to my education, past experience and work
\kv performance. The position was filled by a white male without the position ever being posted or put through the selection process as requiredby TVA human resources written policies. I met with the Human Relations GeneralManager andManager regardingthe action taken, and theyfinally admitted that the selection was not properly handled. Rather thanfiling an EEO complaint based on racialdiscrimination In employment and advancement, an agreement was made that I was to have a four year career plan established... The agreement was approved by senior management andwas in compliance with the adoption of the Wes Motley Task Forceand the written announcement ofJune 25, 1992....
ISSUE 112 - Counselee further alleges that because of his race, beginning in August 1996 and continuing to the present,
- 0. J. Zeringue, former Senior Vice President, Nuclear Operations, and Jack A. Bailey, current Vice President, Nuclear Engineering, has steadfastly refused to implement two (2) separate career development plans as agreed. In support of this allegation, Counselee said the nuclear power organization has and continues to implement individual development and/or succession plans for similarly situated white males. Counselee stated that not only is management refusing to implement the several agreements that he entered into with them in good faith, but it is now harassing him in an attempt to force him to resign. Regarding this latter point, Counselee wrote in the COMPLAINT AND AFIDAVIT OF RONALD GROVER:
"...I have no question that I am experiencing an articulated and designed harassment and retaliation designed to force me to resign my position with TVA because...I have refiused to allow TVA to not comply with the written plan and agreement they made with me in settlement of any claim I had baied on their discriminationagainstminorities and minority advancement in the TVA management ranks...
[Additional sheet attached]
GEO)II6Cx TVA 17250 [10-96J Page 3
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SECTION 9 me: . v Grover, Ronald 0.
Summary of counselor's actions; advice given to Agency official(s) and aggrieved person concerning Issues; and statement of counselors attempts to resolve the matter (include a!lVany names of contact persons or witnesses, dates, titles, organization, meetings held, etc.):
_Because of the actions of TVA In choosing to harass me to force my resignationrather thanfollowing their agreement to provide. upward promotions and a career path, I have lost the value of both any settlement or agreement, including the opportunity to earn monetary benefits and the career advancement that was due andpromisedme. "
COUNSELEE'S 1tEQUESTED COmECTnE ACTION(S)
To resolve his EEO concern, Counselee requests compensation including, but not limited to, monetary and emotional damages and attorney fees.
IEDIATION ELECTION When offered the option of traditional counseling or mediation, Counselee elected to participate in the agency's mediation process. He signed the Mediation Election Form which was fonvarded on August 29, 2000, along with the 7VA/JCA Mediation Intake/ReferralForm, to Jerry D. Lewis, Manager, Mediation and Investigations. Mr. Lewis then contacted the respective agency official to make arrangements for the mediation session.
On November 21, 2000, when neither human resources nor management officials had responded to his notice that unselee offered to participate in the mediation process, Mr. Lewvis advised me to close out the counseling process and
- ie Counselee the notice of right to file a complaint.
CONCLUSION OF COUNSELING On November 27, 2000, based on the information above and as instructed by Mr. Lewis, I concluded counseling in this case and sent Counselee the Notice ofRight tofile a Formal Complaint. Counselee indicated previously that he intended to file a formal complaint if his concerns were not resolved during the informal phase.
-eport prepared by: Willie J. Harvey November27, 2000 Equal Employment Opportunity Counselor Date