ML17332A815
| ML17332A815 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 06/28/1995 |
| From: | Spessard R NRC (Affiliation Not Assigned) |
| To: | HYDRO NUCLEAR SERVICES, INC. (SUBS. OF WESTINGHOUSE |
| Shared Package | |
| ML17332A817 | List: |
| References | |
| EA-95-080, EA-95-80, NUDOCS 9506300032 | |
| Download: ML17332A815 (3) | |
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UNITED STATB8 NUGLEAR RRQULATORY GOMIVIISSION WLSHINQTON, O.oe QOIOH>001 June 28, 1995 EA 98-080 Hydl"o Nuclear Services, Inc.
Hooiestown, New Jersey
SUBJECT:
NOTICE OF VIOLATION (U.S. Department of Labor Case 89-ERA-022)
Gentlemen:
Th1s refers to the results of an admfn1strative proceeding conducted by the U.S, Department of Labor (00L) which 1nvolved a complafnt of employee discrimination filed by an appl1cant for employment with Hydro Nuc}ear
- Services, This complaint was filed under the provisions of Section 210 of the Energy Reorganization Act of 1974, as amended (ERA) (recently changed to Section 211 by the Energy Polfcy Act of 1992),
The DOL proceedings consisted of an investigation, an admfnfstratfve hearing conducted by a
DOL Adrafnfstratfve Law hudge (ALJ) and a final order 1ssued by the Secretary of Labor f1nding that discrimination occurred in the case.
As a result of the DOL proceedings and f1ndfngs, the Nuclear Regulatory comafssfon (NRC or Comnfssfon) has concluded that a violation of Section 210 and of NRC regulatiOnS OCCur ed, SpeCifiCally a V1OlatiOn Of 10 CFR 50.7, Wh1Ch prOhibits 41scr1m1nation against an employee or applicant for employment for engaging 1n activities protected by the ERA.
The violation described fn the enclosed Notice of Violation (Notice) concerns the findings of discrfm1nation made by the Secretar of Labor in DOI. Case No.
89-ERA-022, captioned as In th1s
- case, the Secretary found that Hydro Nuclear Services "violated the ERA when ft refused to hire Complainant because he refused to sign the authorization form unless the release of liab111ty paragraph was deleted."
The Secretary required that Hydro Nuclear Services offer employment to Nr. Doyle as well as back pay with interest.
According to the Secretary of Labor, the form. called an Authorfzatfon for Release of Information and Records, would have "released
)Hydro] and any other employer from whom (Hydra] obtained information about fDoyle] from any claim that the information had been prov1ded or used to deny [Doyle] employment because of protected actfvfties under the ERA."
Sayfng that "employees may reasonably believe that they have no protect1on under the ERA and will be afraid to speak out about safety problems," the Secretary concluded that Hydro Nuclear d1scrfminated against Nr, Doyle.
The NRC adopts the ffnal Secretary of Labor decision fn this case and finds that a vfolatfon of 10 CFR 50.7 occurred when Hydro Nuclear Services refused to hire Hr. Doyle after hfs refusal to sign a waiver form fn hfs application Far employment, Under 10 CFR 80.7, dfscrfmfnatfon by a Commfssfon
]fcensee or a contractor of a Commission licensee is prohibited.
In accordance with the
Hydro Nuclear Services "General Statoment of Policy and Procedure for the NRC Enforcement Actions,"
(Enforcement Policy), 10 CFR Part 2, Appendix C, the violation has been categorized et SeverIty Level III.
Vou are requested to respond to th>s let,ter and should follow the instructions specified in the enclosed Notice of Yiolation when preparing your response.
In your rosponsa, you should document the specific actions taken and any additional actions you plan to prevent recurrence.
After reviewing your response to this Notice, including your proposed corrective actions and the results of future inspections, the NRC wil'l deterIine whether further NRC onforcement action is necessary to ensure compliance with NRC regulatory requirements.
In accordance with 10 CFR 2.790 of the NRC's "Rules of practice,"
a copy of this 1stter and its enclosure will be placed in the NRC Public Oocument Room.
The responses directed by this letter and the enc1osed Notice are 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. 9S-Sll.
Should you have any questions concerning this letter, please contact us.
Sincerely,/;)
.~~,~,.v.C......
R.
Lee Sp ssard, Director Division of Technical Support
Enclosure:
Notice of Yiolation cc:
Shannon T. Doyle Indiana and Nichigan Electric Company