ML19343D166
| ML19343D166 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 03/31/1981 |
| From: | Sachs T AFL-CIO, MARSTON, SACHS, MUNN, KATES, KADUSHIN & O'HARE, UTILITY WORKERS UNION OF AMERICA |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML18046A562 | List: |
| References | |
| EA-81-018, EA-81-18, NUDOCS 8104090657 | |
| Download: ML19343D166 (3) | |
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UNITED STATES ~OF AMERICA NUC' EAR REGULATORY COMMISSION In the Matter of
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Docket No.
50-255 CONSUMERS POWET. COMPANY 1
License No.
DPR-20 (Palisades Nuclear Power Facility)
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EA 81-18 e
PETITION OF UTILITY WORKERS UNION 'OF A*TRICA. AFL-CIO AND ITS MICHICAN STATE UTILITY WOPXERS COUNCIL FOR HEARING ON ORDER CONFIPliING LICENSEE ACTIONS TO UPGRADE FACILITY PERFOPFANCE The Utility Workers Union of America, AFL-CIO, and its Michigan State Utility Workers Council (hereafter, "the nicn")
hereby request a hearing on the. order of this Commission dated March 9, 1981, captioned " Order Confirming Licensee Actions to Upgrade Facility Performance," for the following reasons and grounds:
I.
On March 9, 1981, the Commission issued an Order Confirming Licensee Actions to Upgrade Facility Performance.
Part V, Sec. B thereof, provided that:
" Extended overtime on the part of licensed operators shall be avoided by restricting the overtime for licensed opr ators as P-D follows:
M (1)
No more than 4 overtime hours in any 24-hour period; C
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'APR 7 i38f a (2)
No more than 24 overtime hours in p
t any 7-day period; y
E ch (3)
No more than 64 <svertime hours in any N
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28-day period;
'4 The Director of Region III may relax or terminate any of the preceding conditions in writing for good cause."
II.
Said provisions restricting overtime were evidently proposed by the licensee, not this Commission, and 810 4 o 9 o /e57
L' E.
without notice or consultation with the Union, which is the collective bargaining agent for operating, maintenance and construction employees of the licensee at the Palisades Facility and elsewhere in Michigan.
III.
The overtime restriction contained in said i
Order is more restrictive than this Commission's standards otherwise applicable, as set forth in the interim criteria for shift staffing, issued July 31, 1980, by the Commission, by Darrell G. Eisenhut, Director, Division of Licensing, as follows:
" (1) An individual shall not be permitted to work more than 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> straight (not including shif t turnover time).
(2) An individual shall not be permitted to work more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> in any 48 hour5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> period.
(31 An individual shall not work more than 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> in any 7 day period.
(4) An individual shall not work more than 14 consecutive days without having two consecutive days off.
However, recognizing that circumstances may arise requiring deviation from the above restrictions, such deviation may be authorized by the plant manager or higher levels of management in accordance with published procedures and with appro-priate documentation of the cause."
IV.
On information and belief, no reason was demonstrated or existed or was pertinent to this Commission's i
March 9, 1981 Order to occasion greater restriction on overtime that is otherwise required by the Commision's general standards, or is permitted to the licensee under its i
collective bargaining obligations to the Union under the UNtional Labor Relations Act.
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'V.
Pursuant to 10 CFR 2', 714 (a) (2) and said March 9, 1981 Order, the Union represents that, as'aforesaid, it is the exclusive collective barga.ining agent by law for affected employees; and that.the employment opportunities
'or its members are, or may be adversely affected by said i
Order.
VI.
For the foregoing reasons, the Order should not ce sustained insofar as it contains the aforesaid restric-tiens on overtime hours.
WHEREFORE, Petitioners pray that a hearing be held for reconsideration of such Order in the foregoing respects, and that such Order be vacated in the foregoing respecta.
Respectfully submitted, UTILITY WORKERS UNIGN OF AMERICA, AFL-CIO, AND ITS HICHIGMI STATE L'TILITY WORKERS COUNCIL, by their Attorneys, MARSTON, SACHS, NUNN, KATES, KADUSHIH f O' HARE, P.C.-
BY:'-
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THEODOPS SACHS " (P-19 527) 10d0 Farmer Street Detroit, Pichigan 48226 (313) 965-3464
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