ML17332A818
| ML17332A818 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 06/28/1995 |
| From: | NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML17332A817 | List: |
| References | |
| EA-95-080, EA-95-80, NUDOCS 9506300040 | |
| Download: ML17332A818 (2) | |
Text
NOTICE OF VIOLATION Hydro Nuclear Services EA 95-080 Hoorostown, New Jersey Basod on the results of an inves1.1gation and administrative hearings conducted by the U.S. Department of Labor (DOL) related to DOL Case No. 89-ERA-022 that involved employee discriminai,ion, and the result1ng order of the Secretary of Labor dated Harch 30, 1994, the NRC has determined that a v1olation of its regulations
- occurred, In accordance with the "General Stateient of Policy and Procodure for NRC Enforcement Act1ons," (Enforcement Policy),
10 CFR Part 2, Appendix C, the viola',ion is listed below:
Section 210 of the Energy Reorganization Act of 1974, as
- amended, (ERA) and
>0 CFR 50,l prohibit diSCrim1natiOn by a COSeiSS1On
- liCenSee, permittee, an applicant for a Corrmission license or pereit, or a contractor or subcontractor of a Coneission
- licensee, permittee or applicant against an employee for engaging in certa1n protected activities.
Discrimination includes discharge or other act1ons relating to the compensation.
terms. conditions, or privileges of employment.
Contrary to the above, on October 30,
- 1988, a technician was offered a Job by Hydro Nuclear Services at the D.C. Cook Nuclear Plant.
The technician accepted the Job and was told to report to work at the D,C.
Cook plant on November 9,
- 1988, During employment screening, the technician refused to sign a form that 1ncluded a paragraph that would have waived his rights under thc ERA.
The Secretary of Labor concluded that this constituted discrimination in v1olation of Section 210 of the ERA and ordered that Hydro Nuclear Services offer Hr. Doyle a comparable position and pay back wages with interest.
Severity Level III violation (Supplement VII)
Pursuant to the provisions of 10 CFR 2.201, Hydro Nuclea~ Services is hereby requested to subiit a written statement or explanation to the U.S, Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555, with a copy to the Division of Techn1cal Sup'port, Office of Nuclear Reactor Regulation, within 30 days of the date of the letter transm"..",. this Notice of Violation (Notice).
This reply should be clearly marked as a "Reply to a
Notice of Violation" and should 1nclude for each violation; (1) the reason for the v1olation or, if contested, the basis for disputing the violation, (2) the correct1ve steps that have boen taken and the results
- achieved, (3) the corrective steps that will be taken to avo1d further violations, and (4) the date when full complianco will be achieved, Where good cause 1s shown, consideration will be given to extending the response time.
Under the authority of Section 182 of the Act, 42 U S,C.
2232, this response shall be submitted under oath or affirmation.
Dated at Rockville, Haryland this 28 day of brune 1996
0