ML19339C294

Contract: Arbitration Hearing - Examine Facts in Employee Grievance,Hold Hearing,Make Written Rept W/Final & Binding Decision, Awarded to J Stone

ML19339C294
Person / Time
Issue date:	11/03/1980
From:	Perlman J, Stone J NRC OFFICE OF ADMINISTRATION (ADM), STONE, J. (ARBITRATOR)
To:
Shared Package
ML19339C292	List: ML19339C291 ML19339C294
References
CON-NRC-10-81-361 NUDOCS 8011180066
Download: ML19339C294 (6)

Text

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OP STAN% ARd FORM 26, JULY 1966 AWARD /CINTRACT 1

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FE 2. PtDC.1t0. ta lCPRI 1 14.101 I. CONTRACT (cree. IIsr. Idris.) NO

2. EfftCTivt DATE

3. REQUISITION /PURCHAst RfoUEST/ PRO 2CT NO.

4. CERTirtty poa NATIONAL DEFENSE UNDER SDSA NRC-10-81 -361 11/3/80 RFPA No. ADM-81-361 7,%,2,*"o'o'o"5'<o'-

5. ISSUED BY CODE

6. ADMIN 15ftpfD tv CODE l T. DEtrvtay (1/esherihmseles43)

FTt DE5ft-U. S. Nuclear Regulatory Commission x Nation Division of Contracts o,,,,,,,,

Washington, D. C.

20555 6,ee->

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NAME AND ADORE 55 Net 30 Joseph Stone

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6816 Meadow Lane

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Chevy Chase, MD 20015

10. $USMIT INvotCES (d sepies maless ash ase spwafed) TO ADDRESS SH3wN IN SLOCK

18. 5 HIP TO/ MARK POR CODE l l

12. PAYMENT WILL BE MADE SY CODE l U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission ATTN: Paul E. Bird, Director Office of the Controller Division of Organization & Personnel, ADM Washington, D. C.

20555 Washington, D. C.

20555 10 U.S.C. 2304 (e)( )

13. THis PROCUaEMENT WAS ADvitTlifD, h NEGOTIATED, PutSUANT 701

14. ACCOUN11NG AND APPROrtlATION DATA Appropriation No.: 31X0200.401 B&R No.: 45-20-25-702 Amount:

$1,500.00 g.

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ST E M NO.

SUPPtlE S / SERMS WAMM N

W NU MMM Arbitration Hearing - Examine Facts in an Employee Grievance, Hold a Hearing, Make a Written Report with a Final and Binding Decision.

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FIXED PRICE total AMOUNT or CONTRACT s1,500.00 2i.

CONTRACTING OFFICER 1rlLL COMPLETE BLOCK 22 OR 26 AS APPLICABLE 12.

CONTEACTOR'S NtGOTIATED AGRitutHT (Cener. user is required to sign 1s. Q AWARD (Centracter is nos regaurra to sign this document.)

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The e.gswo end obligehens of the porties to this connect shell be subtect to end ge*

This eword consvawneees the conhed which ceanists of the followeeg documents, (el eraed by the fol!owing documvest(e) this e=ord/ contrect, (b) the sehcetehen, if any, the Geowement's solicisehen end yew e#ee, and (b) this sword /centract. No end (c) ovch p,.....eas. eepreseae h ns cerht.coe.eas, and specinceeieas, en ere fue,her cenere i document is necessary.

eneched or secouperosed by reference hee.a.

( Attashmenos are isssed bevesa.)

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23. Daft slGNED 28, NAME OF Codt/ ACTING OFf tCER (Type er praet)

29. DATE SIGNED M6/ O?N7*4 Joyce Perlman Uh Dwr>L M.

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Page 2 of 6 ARTICLE I - STATEMENT OF WORK-The Contractor, as Arbitrator, shall examine the facts in an employee grievance; hold hearings, including taking of testimony and acceptance of-evidentiary material; and furnish a written report of findings and determinations regarding resoh:tions of the grievance. The Arbitrator's decision is final and binding for the NRC. The arbitration process is in accordance with procedures described in The Interim Agreement Between NRC and the National Treasury Employees Union (NTEU) Chapter 208, July 5, 1979.

1.

General The Arbitrator shall be responsible for:

a.

examining all relevant facts of the grievance; b.

hold hearings as appropriate; c.

keeping a record of examinations; d.

making written findings of fact; e.

interpreting NRC regulations; and f.

furnishing a written decision which is final and binding on the NRC.

In accordance with Article 2, Section 4 of the above Interim Agree-ment, "An Arbitrator will strive to issue a decision within fifteen (15) workdays of the close of the record."

2.

Conduct of Hearing Any personal presentations before the Arbitrator _ by the aggrieved employee or by any other party shall be conducted in the form of a hearing. The Arbitrator shall conduct such hearings in accordance with the Interim Agreement. The Interim Agreement governs such matters as attendance, witnesses, presentation of evidence, and hearing records.

3.

Written Report a.

The Arbitrator's written report shall contain:

(i) statement of purpose of the examination; (ii) issues considered; (iii). analysis of evidence;

(.iv )

findings of fact; (v) conclusions; and (vi) final decision.

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NRC-10-81-361 Page 3 of 6 b.

One (1) copy of the written report of findings and recommendations of the Grievance Review Arbitrator shall be furnished to the U. S.

Nuclear Regulatory Commission, Director, Division of Organization and Personnel, Office of Administration, Washington, D. C.

20555, within fifteen (15)' workdays of the close of the record, if possible.

ARTICLE II - PERIOD OF PERFORfMNCE The period of performance un' der this contract shall. commence on the effec-tive date of the contract and shall continue for sixty (~60) days thereafter at which time all effort under the contract shall be completed.

ARTICLE III - CONSIDERATION In full consideration of the-Contractor's performance hereunder, the Con-tractor shall be paid a fixed rate of $300.00 per man-day estimated to be ten (.10) man-days.

In accordance with the Interim Agreement,' the Arbitrator's fees shall be borne equally by the flRC and the NTEU. Therefore, the NRC shall reimburse the Contractor at the fixed rate of $150.00 per man-day.

ARTICLE IV - OBLIGATIONS The amount presently obligated by the NRC with respect to this contract is

$1,500.00.

ARTICLE V - PAYMENT Payment shall be made in accordance with Clause 2 of the General, Provisions entitled " Payments" as soon as possible after completion and acceptance of all of the work, upon submission by the Contractor of voucher (s) in a form satisfactory to the Centracting Officer; provided, however, that said pay-ment (s) shall not be deemed to prejudice any rights which the Government may have by law or under other provisions of this contract.

ARTICLE VI - SPECIAL PROVISIONS 1

VI.1 PROJECT OFFICER Performance of work hereunder shall be subject to the technical instructions issued by the U. S. Nuclear Regulatory Commission.

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The technical instructions 'shall be signed by the Project Officer.

The Project Officer is responsible for:

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(.1 ) ~ monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirement; (2) interpreting the statement of work; i

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NRC-10-81 -361 Page 4 of 6 (3) performing technical evaluation as required;-

(4) performing technical inspections and acceptances required by this contract; and (5) assisting the Contractor in the resolution of technical problems encountered during performance.

Within the purview of this authority, the Project Officer is au-thorized to approve payment vouchers for supplies / services required under the contract. The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited in the contract.

For guidance from the Project Officer to the Contractor to be valid, it must:

(1) be consistent with the description of work set forth in this contract; (2) not constitute'new assignment of work cr change of the expressed terms, conditions, or specifications incorporated into this contract; (3) not constitute a basis for an extension to the period of per-formance or contract delivery schedule; and (4) not constitute a basis for any increase in the contract price.

If the Contractor receives guidance from the Project Officer which the Contractor feels is not valid under the criteria cited above, the Contractor shall immediately notify the Project Officer.

If the Project Officer and the Contractor are not able to resolve the questions within five (5) days, the Contractor shall notify the Contracting Officer.

VI.2 INSPECTION AND ACCEPTANCE Acceptance of the services and reports to be delivered herein will be made by the Project Officer.

VI.3 SUBCONTRACTS FOR WORK OR SERVICES No contract shall be made by the Contractor with any other party for furnishing any of the work or services herein contracted for without approval of the Contracting Officer, but this provision will not be taken as requiring the. approval of contracts of employment between the Contractor and personnel assigned for services hereunder.

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a NRC-10-81-361 Page 5' of 6

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VI.4 DISSEMINATION OF CONTRACT INFORMATION 1

The Contractor shall not publish, permit to be published, or dis-tribute for public consumption any information, oral or written, concerning the results or-conclusions made pursuant to the per-formance of this contract, without the prior written consent of the contracting Officer.

(Two (2) copies of the material proposed to be published or distributed shall be submitted to the Contracting Officer.)

VI.5 WORK FOR OTHERS Notwithstanding any other provision of this contract, during the term of this contract, the Contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization the result of which may give rise to an actual or apparent conflict of interest with respect to the work being per-formed under this contract. The Contractor shall insure that all employees who are employed full time under this contract and em-ployees designated as key personnel, if any, under this contract abide by the provision of this clause.

If the Contractor believes with respect to himself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a possible conflict of interest, the Contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement.

VI.6 PROPRIETARY INFORMATION In connection with the performance of work under this contract, the NRC may furnish for the Contractor's review and evaluation or other use, certain trade secrets or confidential or privileged commercial or financial information. The Contractor shall hold such information in confidence and except as may be necessary under the terms of this contract, the Contractor shall not directly, indirectly, or other-wise, use, disclose, duplicate or disseminate the information in whole or in part to any other person or arganization. The Contractor shall return this information to the NRC at the conclusion of the Contractor's use.

The Contractor shall also be responsible for safeguarding from unauthorized disclosure any information or other documents and material exempt from public disclosure by the NRC's regula+. ions and made available to the Contractor in connection with the per-formance of work under this contract.

The Contractor agrees to conform to all regulations, requirements, and directions of the NRC with respect to all such material noted c

above.

i VI.7 PRIVATE USE OF CONTRACT INFORMATION AND DATA Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data l

,4 NRC-10-81 -361 Page 6 of 6 developed or ac: - e: by or furnished the Contractor in the per-formance of this ::ntract, shall be used only in connection with the work under :

ontract.

VI.8 GOVERNMEflT-FURN';-E: MATERIAL 1.

Grievance F'~e 2.

Vacancy Annc nce ent File 80-0021 This informatic s :rovided for such information and assistance as it may provide : e Contractor with regard te the general scope of work to be perf:

en.

Only the matter which is referred to above will be furnish : by the NRC.

The Contractor : a.1 have access to office space, if necessary, a conference room :: conduct the hearing, and a court reporter as provided throug: : e Contracting Officer or Projecc Officer.

ARTICLE VII - GENERAL ::SVISIONS This contract is subf e-:: to the attached Fixed Price Research and Develop-ment Contracts Provis':ns under !10,000.00, dated November 14,1977, which incorporates the FPR : anges and Additions and NRC Additions.

Clause 14 of the Gens-a'. Provisions entitled " Patent Rights - Acquisition by the Government", is celeted in its entirety.

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