ML19350D320
| ML19350D320 | |
| Person / Time | |
|---|---|
| Issue date: | 04/06/1981 |
| From: | Perlman J, Zumas N NRC OFFICE OF ADMINISTRATION (ADM), ZUMAS, N.H. |
| To: | |
| Shared Package | |
| ML19350D314 | List: |
| References | |
| CON-NRC-10-81-339 NUDOCS 8104150214 | |
| Download: ML19350D320 (15) | |
Text
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- 9. DISCOUNT PCR Ptds.FT P&Ys.gNT NAME AND A00tE55 Nicholas H. Zumas Net 30 r s,.e..u,.
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'12 PAYMENT WILL BE MADE SY CODE l U. S. Nuclear Regulatory Commission U. S. Nuclea. Regulatorv Commission ATTN: Paul E. Bird, Director Office of the Controller Division of Organization & Personnel, ADM
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- 14. ACCOUNT!NG ANO APP 9CPTtAnCN QAIA Appropriation No..
31 X0200.401 B&R No. : 45-20-25-702 Amount:
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SUPPu.$ / st aviCf3 Q U A Nf1TY UNIT UNIT PE!CI AMCUNT Arbitration Hearing - Examine the Facts in an Employee Grievance; Hold a Hearing, Including Taking of Testimony and Acceptance of Eviden-tiary Material; Make a Written Report with a Final and Binding Decision Regarding Resolu-tion of the Grievance to the Director, Division of Organization and Pecsonnel.
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NRC-10-81 -399 Page 2 of 5 ARTICLE I - STATEMENT OF WORK The Contractor, as Arbitrator, shall examine the facts in an employee griev-ance; hold hearings, including taking of testimony and acceptance of eviden-tiary material; and furnish a written report of findings and determinations regarding resolutions of the grievance. The Arbitrator's decision is final and binding for the NRC. The arbitration process is in accordance with pro-cedures described in The Interim Agreement Between NRC and the National Treasury Emoloyees Union (NTEU) Chaoter 208, July 5,1979.
1.
General The Arbitrator shall be responsible for:
examining all relevant facts of the grievance; a.
4 b.
hold hearings as appropriate; c.
keeping a record of examination;
~
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 IT57 workdays of the close of the record."
2.
Conduct of Hearing Any personaf 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 The Arbitrator's written report shall contain:
a.
(i) statement of purpose of the examination; (ii) issues considered; (iii) analysis of evidence; J
(iv) findings of fact; (v) conclusions; and (vi) final decision.
~
.r NRC-10-81-399 Page 3 of 5 b.
One (1) copy of the written report of findings and recommendations of the Arbitrator shall be furnished to the U. S. Nuclear Regulatory Commission, Director, Division of Organization and Personnel, Office of Administraticn, Washington, D. C.
20555, within fifteen (15) work-days of the close of the record, if possible.
ARTICLE II - PERIOD OF PERFORMANCE The period of performance under this contract shall commence on April 28, 1981 and all effort shall be completed by June 27, 1981.
ARTICLE III - CONSIDERATION In full consideration of the Contractor's performance hereunder, the Con-tractor shall be paid a fixed rate of $350.00 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 NRC and the NTEU. Therefore, the NRC shall reimburse the Contractor at the fixed rate of $175.00 per man-day.
ARTICLE IV - OBLIGATIONS The amount presently obligated by the NRC with respect to this contract is 51,750.00.
ARTICLE V - PAYMENT Payment shall be made in accordance with Clause 2 of the General Provisions ent. led " Payments" as soon as possible after completion and acceptance of all of the work, upon submission by the Contractor of voucher (s) in a fom 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 other provisions of this contract.
ARTICLE VI - PROJECT OFFICER lj' dGtt MC M AX/J & /
O
-JasqutHna r. Jask-son 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 l
to approve or request any action whicn results in or could result in an
~
increase in contract cost; or terminate, settle any claim or discute 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 and recommending to the Contracting Officer charfges 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
. s NRC-10-81 -399 Page 4 of 5 authority, the Project Officer is authorized to review all costs requested for reimbursement by the Contractor and submit reccmmendations for approval, disapproval, or suspension for supplies or services required under this co n trac t. The Contracting Officer is responsible for directing or nego-tiating any changes in t'erms, conditions, or amounts cited in the contract.
ARTICLE VII - INSPECTION AND ACCEPTANCE 4
Acceptance of the services and reports to be delivered herein will be made by the Project Officer.
ARTICLE VIII - 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 rot be taken as requiring 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 the material proposed to be published or distributed shall be submitted to the Contracting Officer.)
ARTICLE X - 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 arrangemants 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 performed under this contract. The Contractor shall insure l
that all employees who are employed full time under this contract and employees 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 orior to execution of such contractual arrangement.
l l
ARTICLE XI - PROPRIETARY INFORMATION In connection with the performance of work under this contract, the NRC may furnish for the Contractor's review and evaluatfon or other use, certain trade secrets or confidential or privileged commercial or financial informa-tien. 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 otherwise, use, disclose, duplicate or disseminate the information in whole or in part to any other person or organization. The Contractor shall return this information to the NRC at the conclusion of the Contractor's use.
NRC-10-31-399 Page 5 of 5 The Contractor shall also be responsible for safeguarding from unauthorized disclosure any infor:ation or other documents and material exempt from public disclosure by the NRC's regulations and =ade available to the Con-tractor in connection with the performance of work under this contract.
i The Ccntractor agrees to conform to all regulations, requirements, and directions of the NRC with respect to all such material noted above.
ARTICLE XII - PRIVATE USE OF CONTRACT INFORMATICN AND CATA 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 perfor=ance of this contract, shall be used only in connection with the work under this contract.
ARTICLE XIII - GOVERNMENT-PJRNISHED MATERIAL 1.
Grievance File 2.
Performance Appraisal Manual Chapter 4151 This information is provided for such infor ation and assistance as it may provide the Contractor with regard to the general scope of work to be per-fo rmed. Only the matter which is referred to above will be furnished by the NRC.
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.
ARTICLE XIV - GENERAL PROVISIONS This contract is subject to the attached Fixed Price Research and Development Contracts Under $10,000.00 General Provisions, dated November 14,1977, which incorporates the FPR Changes and Additions and NRC Additions.
Clause la of the General Provisions entitled " Patent Rights - Acquisition By the. Government", is deleted in its entirety.
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