ML19341D762
| ML19341D762 | |
| Person / Time | |
|---|---|
| Issue date: | 03/31/1981 |
| From: | Perlman J, Theeman B NRC OFFICE OF ADMINISTRATION (ADM), THEEMAN, B.A. |
| To: | |
| Shared Package | |
| ML19341D761 | List: |
| References | |
| CON-NRC-10-81-401 NUDOCS 8104080756 | |
| Download: ML19341D762 (6) | |
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- 14. ACCCUNTING AP.O APPECPE!ATICM OAIA Appropriation No.: 31X0200.401 B&R No.: 45-20-25-702 Amount: S1,190.00 i
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Examine the Facts in an Employee Grievance; Hold a Hearing, Including Taking of Testimony and Acceptance of Evidentiary Material; Make a Written Report of Findings and Recommenda-tions Regarding "Res'olution of the Grievance to the Reviewing Official, the Deputy Executive Director for Operations,.
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URC-10-81 401 Page 2 of 6 ARTICLE I - STATEMENT OF WCRX The Contractor, as Grievance Review Examiner, shall examine the facts in an employee grievance; hold hearings, including taking of testimony and acceptance of evidentiary caterial; and furnish a written report of findings and recommendations regarding resolutions of the grievance to the Reviewing Official, the Deputy Executive Director for Operations, in acccrdance with U. S. Nuclear Regulatory Commission (NRC) Manual, Appendix NRC 4157, Para-graph H, to be furnisned the Contractor as set forth in ARTICLE XIII, and the following:
1.
General The Examiner shall be responsible for:
a.
examining all relevant facts of the grievance; b.
holding hearings as appropriate; c.
keeping a record of examinations; d.
making written findings of fact; and furnishing recommendations, in writing, proposing a solution or e.
solutions to the Reviewing Official within thirty (30) days after the date of the contract, unless such period is extended by mutual agreement of the Contractor and the NRC.
2.
Initial Planning The planning phase of the review shall be initiated by the Examiner within five (5) working days, if possible, following execution of this contract.
In planning the review, the Examiner shall:
obtain copies of these instructions and orientation in their appli-a.
cation from the Division of Organization and Personnel; b.
identify the issues involved in the grievance; determine whether a hearing will be held or whether the grievance c.
may be reviewed solely on the written record.
(Note: A hearing must be held if the employee requests a hearing.);
d.
identi fy the employee's representative, if any; the management official's adviser, if any; and witnesses whom the employees and/or the key line official desire to have testify or present evidence; decide who will be called as witnesses, and identify other witnesses e.
the Examiner intends to have testify; 4
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NRC-10-81-401 page 3 of 6 f.
identify documents or other items which should be offered as evidence; g.
establish date, time, and place of the hearing. The first session normally should be not more than fifteen (15) working days after appointment of the Examiner; n.
arrange for making and recording presentations, and obtain agree-ment with the employee concerning the form of record to be provided him or her.
(Note: Any transcript of the hearing provided an employee remains the property of the NRC.);
- i. notify the employee, the key line official, witnesses, and others as to the date, time, and place of the review. Normally, at least three (3) days notice should be given; and J.
notify the witnesses and their supervisors of the schedule for appearance of the witnesses.
4 3.
Conduct of Hearing Any personal presentations before the Grievance Review Examiner by the aggrieved employee or by any other party shall be conducted in the form of a hearing. The Grievance Review Examiner shall conduct such hearings in accordance with the guidance contained in Appendix 4156. That Appendix governs such matters as attendance, witnesses, presentation of evidence, stipulations and hearing records.
4 Recort a.
The Examine 's written report of findings of fact and recommendations to the' Reviewing Official shall contain:
(i) statement of _ purpose of examination; (ii) issues considered; (iii) analysis of evidence; (iv) findings of fact; (v) conclusions; and
'(vi) recommendations.
(vii) The original of any. record of the hearing shall be attached to the report.
b.
Five (5) copies of the report of findings and recommendations of the Grievance Review Examiner shall be furnished to the U. S. Nuclear e
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NRC-10-31-401 Page 4 of 6 Regulatory Commission, Deputy Executive Director for Operations, Washington, D. C.
20555, not later than thirty (30) days following the close of the hearing.
ARTICLE II - PERIOD OF PERFORPRICE The period of performance under this contract shall commence on March 12, 1981 and all effort shall be completed by May 11, 1981.
ARTICLE III - CONSIDERATION In full consideration of the Contractor's performance hereunder, the NRC shall pay the Contractor a fixed rate of $190.00 per man-day. The level of effort is estimated to be six (6) man-days. Expenses such as mileage, parking, and reproduction costs are authorized.in an amount not to exceed
$50.00.
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ARTICLE IV - OBLIGATIONS The amount presently obligated by the NRC with respect to this contract is
$1.190.00.
ARTICLE V - PAYMENT Payment shall be made in accordance with Clause 2 of the General Provisions entitled " Payment" as soon as practicable after completion and acceptance of all work, upon submission by the Contractor of voucher (s) in a form satisfactory to the Contracting 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 any other provisions of this contract.
ARTICLE VI - PROJECT OFFICER Carl Mohrwinkel is hereby designated as the Contracting Officer's authorized representative (hereinafter referred to as Project Officer) for technical aspects of this contract. The Project Officer-is not authorized to approve or request 'any action which results in or could result in an increase in contract cost; or terminate, settle any claim or dispute arising under the contract; or issue any unilateral directive whatsoever.
The Project Officer is responsible for: (1) monitoring the Contractor's technical progress, including surveillance and assessment of performance i
and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work; (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 tech-nical problems encountered during performance. Within the purview of this authority, the Project Officer is authorized to review all costs requested for reimbursement by the Contractor and submit recommendations for approval,
NRC-10-81 a01 Page 5 of 6 disapproval, or suspension for supplies or services required under this contract. The Contracting Officer is responsible for directing or nego-tiating any changes in terms, conditions, or amounts cited in the contract.
i ARTICLE VII - INSPECTION AND ACCEPTANCE Inspection and acceptance of the services and supplies to be furnished hereunder shall be by the Contracting Officer or Project Officer.
ARTICLE VIII - SUBCONTRACTS FOR WORK OR SERVICES No contract shall be made by tne Contractor with any other party for fur-nishing any of the work or services herein contracted for without approval of _ the Contracting Officer, but this provision will not be taken as recuiring i
the-approval of contracts of employment between the Contractor and personnel assigned for services hereunder.
ARTICLE IX - DISSEMINATION OF CONTRACT INFORMATION The Contractor shall not publish, permit to be published, or distribute for public consumption any information, oral or written concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. (Two (2) copies of any_ material proposed to be published or distributed shall be submitted to j,
the Contracting Officer.)
" ARTICLE X - WORK FOR OTHERS LL Notwithstanding any other. provision of this contract, during the term of this contract, the Contractor agrees to forego entering into consulting er 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 oeing performed under this contract. The Contractor shall insure that all employees who are employed full time under this contract and em-playees designated as key personnel, if any, under this contract abide by 1
the provision of _this clause.. If the Contractor believes with respect to l
itself 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 Con-tracting Officer prior to execution of such contractual arrangement.
l ARTICLE XI - pF.0PRIETARY 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 informa-tion. The Contractor shall hold such information in confidence and except as may be necessary under the terms of this contract, the Contractor shali
- not directly, indirectly, or otherwise, use, _ disclose, duplicate or dissem-l inate the information in whole or. in part to any other person or organizatfor..
The_ Contractor shall return this information to the NRC at the conclusion j
of. the Contractor's use.
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f N RC-10-81 -401 Page 6 of 6 The Contractor shall also be responsible for safeguarding from unauthorized disclosure any information or other documents and material exempt from pub-lic disclosure by the NRC's regulations and made available to the Contractor in connection with the performance of work under this contract.
The Contractor agrees to conform to all regulations, requi ements, and directions of the NRC with respect to all such material noted above.
ARTICLE XII - 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 developed or acquired by or furnished the Contractor in the performance of this contract, shall be used only in connection with the work under this contract.
ARTICLE XIII - GOVERNMENT-FURNISHED INFORMATION OR PROPERTY Upon award of the contract, the NRC shall furnis'h the information set forth below:
1.
Grievance File 2.
NRCM 4156 3.
NRCM 4157 This information is provided for such information and assistance as it may provide the Contractor with regard to the general scope of work to be per-formed. Only the matter which is referred to above will be furnished by the Government.
The Contractor"shall have access to office space, if necessary, a conference room to conduct the hearing, and a court reporter as provided through the Contracting Officer or Project Officer.
l ARTICLE XIV - GENERAL PROVISIONS l
This contract is subject to the attached Fixed Price Research and Develop-ment Contracts Under $10,000.00, dated November 14, 1977, which incorporates the FPR Changes.and Additions and NRC Additions.
Clause 14 of the General Provisions entitled " Patent Rights - Acquisition By the Government" is deleted in its entirety.
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