ML17174A879
| ML17174A879 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 09/09/1991 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Reed C COMMONWEALTH EDISON CO. |
| References | |
| NUDOCS 9109170020 | |
| Download: ML17174A879 (8) | |
Text
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Docket No. 50-237 Docket No. 50-249 Commonwealth Edison Company ATTN:
Mr. Cordell.Reed Senior Vice President Opus West III 1400 Opus Place Downers Grove, IL-60515
Dear Mr. Reed:
September 9, 1991 AMS No. RIII-90-A-0104 On March 11, 1991, the U. S. Department of Labor's Wage and Hour Division in Chicago, Illinois received a complaint from a former employee of Fluor Constructors International, Inc., a Commonwealth Edison Company contractor at
- the Dresden Nuclear Power Station.
The former employee alleged that his employment was terminated and placed on a "denied access" list improperly for voicing concerns over ~afety issues at an ALARA meeting held at Dresden on October 12, 1990.
In response to that complaint, the Wage and Hour Division conducted an investigation, and in the enclosed letters dated August 15, 1991, the Area Director of the Wage and Hour Division found that the evidence obtained during the Division's investigation indicated that the employee was engaged in a protected activity within the ambit of the Energy Reorganization Act and that discrimination as defined and prohibited by the statute was a factor in the actions which comprised his complaint.
Based on a review of the complaint filed with DOL, a violation of 10 CFR 50.7 may have occurred which could have a chilling effect.on other licensee or contractor personnel.
Therefore, you are requested to provide this office, within 30 days of the date of this letter, a response which:
- 1.
- Provides the basis for the employment action regarding the former contractor employee and includes a copy of any investigation reports you have regarding the circumstances of the action; and
- 2.
Describes the actions, ~f any, taken or plann~d to ~s~ure that this employment action does not have a chilling effect in discouraging other licensee or contractor employees from raising perceived safety concerns.
After reviewing your response, the NRC will determine whether enforcement action is necessary at this time to ensure compliance with regulatory requirements.
9109170020 910909 PDR ADDCK 05000237 Q
--....: -- -- *-.. *~-'- --..
Commonwealth Edision Company 2
September 9, 1991 In accordance with Section 2.790 of the NRC's "Rules of Practice, 11 Part *2, Title 10, Cod~ of Federal Regulations, a copy of this letter will be placed in the NRC Public Document Room.
The response requested by this letter is not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, Pub. L.. No.96-511.
Entlosure: *As stated cc w/enclosure:
D. Galle, Vice President -
- Operations T. Kovach, Nuclear Licensing Manager E. D. Eenigenburg, ~tation Manager DCD/DCB (RIDS)
. OC/LFDCB Resident Inspectors LaSalle,
- Dresden, Quad Cities Richard Hubbard J. W. Mccaffrey, Chief, Public Utilities Division Robert Newmann, Office of Public Counsel, State of Illinois Center Licensing Project Manager, NRR bee w/enclosure:
H. Thompson, DEDS J. Lieberman, OE J. Goldberg, OGC J. Partlow, NRR E. Pawlik, OI:RIII Jules G. Van Rengen, District Director, U. S. Department of Labor Sincerely,
- n:rr~-:n~ll f!.~~-:n::(~
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A. Bert Davis Regional Administrator
<{W~r RI~
B~rson
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RI~/;j' Gre~JJ r/¥r)
RIII Do9:
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230 South
Dearborn Street,
Room Chicago, Illinois 60604-1595 Telephone: (312) 353-8145 August 15, 1991 Mr. Daniel Shamblin Construction Manager Commonwealth Edison,Company 1400 Opus Place~ Suite 650 Downers Grove, Illinois 60515
Dear Mr. Shamblin:
JVR:dw This letter is to notify you of the results of our compliance actions in the above case.
As you know, Michael Roos filed a complaint with the Secretary of Labor under the Energy Reorganization Act on March 11, 1991.
A copy of the complaint; a copy of Regulations, 29 CFR Part 24; and a-copy of the pertinent section of the statute were furnished to you a in previous letter from this office.-
our initial efforts to conciliate the matter did not result in a mutually agreeable settlement.
A fact~f inding investigation was then conducted.
Based upon our investigation,_ the weight* of evidence -to date indicates _that Michael Roos was a protected employee engaging in a protected activity within the scope 9f the
- Energy Reorganization Act and that discrimination as defined and
- prohibited by the statute was a factor in the actions which comprise his complaint.
The following information supported this determination:
Michael Roos has been placed on a "denied access" list which has resulted in his being d.enied employment at Commonwealth Edison and other nuclear power plants.
This action has limited his employability in his trade.
The incident being "denied access" was his voicing concerns over safety issues at an ALA.RA meeting held at Dresden on October 12, 1990.
Commonwealth Edison's position that Mr. Roos's behavior at the meeting was indicative of an extreme fear of radioactivity -
is not supported by any-facts.
e* This letter is notification to you ~hat the following actions are required to remedy the violation:
Mr. Roos is to be removed from the "denied access" list which precludes him from employment at Commonwealth Edison and other nuclear facilities.
He' is to be compensated for lost wages during his employment at the Dresden site plus other lost wages and expenses incurred, including attorney's !ees, as a result of being placed on a ~enied access list.
This letter is also notification to you that, if you wish to appeal the above findings and remedy, you have a right to a formal hearing on the record.
To exercise this right you must, within five (5) calendar days of receipt of this letter, file your request for a hearing by telegram to:
The Chief Administrative Law Judge
- u. s. Department of Labor -
suite 700, Vanguard Building 1111 -
20th Street, N.W.
Washington, D. c.
20036 Unless a telegram is received by the Chief Administrative Law Judge within the five-day period, this notification of findings and remedial action will become the Final Order of the secretary of Labor which must be implemented within 30 days.
By copy of this letter, Michael Roos is being advised of the determination and the right to a hearing.
A copy of this letter and complaint have also been sent to the Chief Administrative Law Judge.
If you decide to.
request a hearing, it will be necessary for you to send copies of the telegram to Michael Roos and to me at 230
- South Dearborn Street, Room 412, Chicago, Illinois 60604.
After I received the copy of your request, appropriate preparations for the hearing can be made.
If you have arty questions, do not hesitate to call me.
It should be made clear to all parties that the U. s. Department of Labor does not represent any of the parties *in a hearing.
The hearing is a adversarial proceeding in which the parties will be allowed an opportunity to present their ~vidence for the record.
The Administrative Law Judge who conducts the hearing will issue a recommended decision to the Secretary based on the evidence I testimony, and arguments presented by the parties at the hearing.
The Final Order of the Secretary. wilJ then be issued after considerat.ion of the Administrative Law Judge's recommended decision* and the record developed at the hearing and will either provide for appropriate,relief or dismiss the complaint.
Sincerely, Jules G. Van Rengen District Director cc:
Jack Dakes Michael Roos John Dziedziak, Attorney
- Nuclear Regulatory Commission*
Chief Administrative Law Judge D/ARA Richard A. McMahon RS John Secaras Daniel Shamblin
U.S. Department of La:.or 230 South
Dearborn Street,
Room Chicagd, Illinois 60604-1595 Telephone: (312) 353-8145 Reply* tc the A!ten11011 o!
August 15, 1991 CERTIFIED MAIL P 962 684 739 RETURNED RECEIPT REQUESTED Mr..Jack Dakes Labor Relation Floor Constructions International, 206 W. Monroe Street Chicago, Illinois 60606
Dear Mr. Dakes:
Inc.
JVR:dw This letter is to notify you of the results of our compliance actions in the above case.
As you know, Michael Roos filed a complaint with. the Secretary of Labor under the Energy Reorganization Act on March 11, 1991.
A copy of the complaint; a copy of Regulations, 29 CFR Part 24; and a copy of the pertine~t section of the statute were furnished to you a in previ~us letter from this office.
our initial efforts to concili~te the matter did not result in a mutually agreeable settlement.
A fact-finding investigation was then conducted.. Based *upon our investigation,. the weight of evidence to date indicates that Michael Roos was a protected employee engaging in a protected activity within the scope of the Energy Reorganiz~tion Act and that dis6rimination as defined arid
- prohibited by the statute was a factor in the actions which comprise his complaint.
The following information supported this determination:
Michael Roos has been placed on a "denied access" list which has resulted in his being denied employment at Commonwealth*
Edison and other nuclear power_ plants.
This action has limited his employability in his trade.
The incident being "denied access" was his voicing concerns over safety issues at an ALARA meeting held at Dresden on October 12, 1990.
Commonwealth Edison's position that Mr. Roos*s behavior at the meeting was indicative of an extreme fear of radioactivity is not supported by any facts.
AUG 2 8 \\931
- This letter is notification to you that_the following actions are required to remedy the violation:
Mr. Roos is to be removed from the "denied access" list which precludes him from employment at Commonwealth Edison and o.ther nuclear facilities. He is to be compensated for lost wages during his employment at the Dresden site plus other. lost wages* and eXpenses incurred, in¢luding attorney's fees, as a result of being placed on a denied access list.
This letter is also notification to you that, if you wish to appeal the above findings and remedy, you have a right to a formal hearing on the record.
To exercise this right you must, within five (5) calendar days of receipt of this letter, file your request for a hearing by telegram to:
The Chief Administrative Law Judge U. s. Department of Labor
. Suite 700, Vanguard Building*
1111 - 20th Street, N.W.
. Washington, D. c.
20036 Unless a telegram is received by the Chief Administrative Law Judge within *the five-day period, this notification of findings and remedial action will become the Final Order of the Secretary of Labor which must be implemented within JO days.
By copy of this letter, Michael Roos is being advised of the determination and the right to a hearing.
A copy of this letter and complaint have also.
been s*ent to the Chief Administrative Law Judge. If you decide to request a hearing, it will be necessary for you to send copies of the telegram to Michael Roos and to me at 230 South Dearborn Street, Room 412, Chicago, Illinois 60604.
After I received the copy of your request, appropriate preparations for the hearing can be made.
If you have any questions, do not hesitate to call me.
It.should be made clear to all parties that the.... u. s. Department of Labor does. not represent any of the parties in a hearing.
The hearing is a*adversarial proceeding in which the parties will be allowed an opportunity to present their evidence for the record.
The Administrative Law Judge who conducts:the hearing will.issue a recommended decision to the Secretary based on the evidence, testimony, and arguments presented by the parties at the hearing.
-~... ~.,_... ~.;... -: *
- -J-The Final Order of the Secretary~ will then be. issued after consideration of *the Administrative Law Judge's recommended decision and the record developed at the hearing and will either provide for appropriate,relief or dismiss the complaint.
Sincerely,.
. Jules G. Van Rengen District Director cc:
Jack Dakes Michael Roos John Dziedziak, Attorney Nuclear.Regulatory Commission
. *Chief Administrative. Law Judge
~/ARA Richard A. McMahon RS John Secaras Daniel Shamblin