ML20008D726
| ML20008D726 | |
| Person / Time | |
|---|---|
| Issue date: | 01/10/1980 |
| From: | Minogue R NRC OFFICE OF STANDARDS DEVELOPMENT |
| To: | Gossick L NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML19296C882 | List:
|
| References | |
| REF-10CFR9.7 SECY-79-661, NUDOCS 8002290028 | |
| Download: ML20008D726 (1) | |
Text
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- o, UNITED STATES
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,o NUCLEAR REGULATORY COMMISSION 5.%, g) /
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WASHINGTON, D. C. 20556
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J Mt 1 ) ;Ff0 MEMORANDUM FOR:
S. Chilk, SECY FROM:
R. B. Minogue, Director Office of Standards Development THRU:
L. V. Gossick, Executive Director for Operations
SUBJECT:
EMPLOYEE PROTECTION FOR INDIVIDUALS THAT PROVIDE INFORMATION TO NRC
'On December 13,1979, SECY-79-661 was distributed as a " Consent Calendar" item. Enclosed are revised pages including a new Enclosure 9.
I recomend these be distributed to all recipients of SECY-79-661.
These pages (1) update the Comission paper to reflect the recent issuance by the Department of Labor of effective regulations that implement the Department's new authority under Public Law 95-601 (NRC FY79 Authorization Act) Section 10 and (2) correct errors. The area of change is indicated by a line on the margin.
s
,Ys f
R. B. Minogue, Director Office of Standards Development
Enclosure:
79-661 pp 4, 8,10 79-661 Encl. 3 p 1, 2 79-661 Encl. 6 p 3 79-661 Encl. 7 p 1 79-661 Encl. 9 1
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I Th3 Commissioners 4
applicant but also is applicable to "...a contractor or a subcontractor
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of a Commission licensee..." and it provides for the possible prescrip-tion of various remedies through the Department of Labor. At the same i
time the new Section 10 is narrower than the authority under the Atomic Energy Act in that it does not provide for a penalty against the organ-ization discriminating.
The new Section 10 appears to be based on presumptions that the safety of regulated facilities and activities will be enhanced if discrimination against individuals who provide information to NRC is minimized and if procedures for remedy in the event of discrimination are available and utilized since more informa-I tion will be available to NRC.
In addition to the Clean Air Act and the Federal Water Pollution Control Act, other Public Laws. listed in Enclosure 3 have provisions relating to employee protection that involve the Department of Labor.
To date neither of the agencies responsible for the technical implementation of the Federal Water Pollution Control Act, Safe Drinking Water Act, Toxic Substance Control Act, Solid Waste Disposal Act or International Safe Container Act, i.e., EPA, 00T, have published either a proposed or final rule relating to employee protection.
The agercy responsible for the implementation of the employee protection provisions, i.e.,
Department of Labor (00L), noticed in the Federal Register dated I
January 8, 1980 (45 FR 1836) effective regulations based on the I
various statutes that contain such provisions.
These regulations are l
attached as Enclosure 9.
The lack of final rules by 00L or NRC has l
not been a bar to proceedings under the new Section 10.
NRC has referred some cases to the 00L and in at least one case 00L has made a finding which ordered the licensee to accomplish specific remedies.
Alternative 1:
Do not take any action, including NRC rule making, to implement the new Section 10 but rely on rulemaking by the agency res-ponsible for the implementation of Section 10, i.e., Department of Labor.
Pro: 1.
This method of implementation would be the lowest cost method-of implementation, to NRC.
Con: 1.
NRC action will not directly provide guitance to the employee, who may be in need of guidance, concerning procedures to seek a remedy to discrimination.
2.
NRC action will not ensure that each appropriate organization, including present and future licensees, is aware that certain forms of discrimination are prohibited.
3.
NRC action will not ensure that the advocate of the employee, e.g., union, is aware of procedures to seek a remedy for those who have suffered discrimination.
Resource estimate:
No NRC resources required.
The Cyomissioners 8
Rscommendation:
That the Commission:
1)
Approve:
a)
Preparation of a joint NRC/ DOL Memorandum of Understanding to implement Alternative 2, and b)
Publication in the Federal Register of a notice of proposed ruitmaking (Enclosure 6) to implement Alternatives 3, 4 and 5.
This notice would extend the current prohibition of discrim-ination to include applicants and permittees; announce the new s.tatutory prohibition of discrimination by licensees, permittees, applicants, contractors and subcontractors; identify the remedies available through the Department of Labor in the event discrimination occurs; require some licensees, permittees, and applicants to post information concerning discrimination and remedy and allow NRC to take enforcement action against Itcensees, permittees, and appli-cants for discriminating acts.
2)
Note:
a)
Th' resource estimate for the staff recommendation is eight (8) person-months over a 9-month period for the rulemaking, an annual printing and distribution cost of $3500, a one-time cost for the preparation of the Memorandum of Understanding of 2 person-months, and a continuing resource cost of 1 person-month per year for additional inspections.
b)
The Memorandum of, Understanding (MOU) will be prepared by the Office of the Executive Legal Director in coordination with IE.
NRC staff has held preliminary discussions with DOL staff concerning MOU development.
The MOU will be coordinated with DOL by the NRC Office of the Executive Legal Director.
c)
The Memorandum of Understanding and the Federal Register notice will be distributed by ADM to licensees, permittees, and applicants and categories defined in NRC Manual Appendix 3203 as public interest groups, labor organiza-tions, service organizations, and directors of Agreement State radiation control programs.
d)
A public announcement such as Enclosure 7, which was prepared by the Office of Public Affairs, will be issued when the Federal Register notice is filed with the Office of the Federal Register.
In addition, a public announcement will be prepared by the Office of Public Affairs prior to filing the Memorandum of Understanding with the Office of the Federal Register.
Tha Commissioners 10
Enclosures:
1.
Public Law 95-601 Section 10
" Employee Protection" 2.
OELD Summary of Provisions of Section 10 3.
List of Public Laws that have Employee Protection provisions involving DOL 4.
Notes related to " Memorandum of Understanding" between NRC and DOL regarding Employee Protection 5.
NRC Form 3 Proposed Revision 5/79 6.
Draft Federal Register Notice of Proposed Rulemaking 7.
Draft Public Announcement 8.
Draft Congressional letter 9.
45 FR 1836 (Jan. 8, 1980) 29 CFR Part 24
PUBLIC LAWS THAT HAVE EMPLOYEE PROTECTION PROVISIONS INVOLVING 0.0.L.
Implementation of Public Law Regulatory Provisions Employee Protection Fair Labor Standards Act of 1938 Dept. of Labor Dept. of Labor P. L. 718 $15(a)(3) 29 U.S.C. 215(a)(3) 52 Stat. 1060 Occupational Safety and Health Dept. of Labor Dept. of Labor Act of 1970 Occupational Safety Occupational Safety P. L.91-596 Sil(c) and Health Admin.
and Health Adm.
29 U.S.C. 660(a) 29 CFR $1977 84 Stat. 1603 Longshoremen's and Harbor Workers' Dept. of Labor Dept. of Labor Compensation Act Amendments of 1972 P. L.92-576 919 33 U.S.C. 948a 86 Stat. 1251 Federal Water Pollution Control Environmental Prot.
Dept. of Labor Act Amendments of 1972 Agency Empisyment P. L.92-500 $ 507(a)-(e)
Standards 33 USC 1367 Adm. (ESA)*
}
86 Stat. 890 Ssfe Drinking Water Act (1974)
Environmental. Prot.
Dept. of Labor P. L.93-523 $1450(i)(1)-(6)
Agency Employment 42 v.S.C. 300j - 9(i)
Standards 88 Stat. 1692 Adm. (ESA)4 Toxic Substances Control Act (1976)
Environmental Prot.
Dept. of Labor P. L.94-469 S23(a)>(e)
Agency Employment 15 U.S.C. 2622 Standards 90 Stat. 2004 Adm. (ESA)4 l
R2 source Conservation and Environmental Prot.
Dept. of Labor R covery Act of 19761 Agency Employment P. L.94-580 67001(a)-(e)
Standards 42 U.S.C. 6971 Adm. (ESA)4 1
90 Stat. 2824 IThis may be cited as the Solid Waste Disposal Act.
CS:e 29 CFR Part ?4 (45 FR 1836).
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1 Enclosure "3"
Implementation of Public Law Regulatory Provisions Employee Protection Cican Air Act Amendments of 19772 Environmental Prot.
Dept. of Labor P. L. 95-95 $312 Agency Employment 42 U.S.C. 7622 Standards 91 Stat. 783 Adm. (ESA)4 l
Fcderal Mine Safety and Health Dept. of Labor Dept. of Labor Act of 19773 Dept. of Health, Federal Hine Safety P. L.95-164 5105(c)(1)
Education & Welfare and Health Review 30 U.S.C. 815 Comm.
91 Stat. 1304 29 CFR Part 2700-Rules of_ Procedure I
44FR38226 l
June 29, 19,79 l
International Safe Container Act Dept. of Trans-Dept. of Labor P. L.95-208 $7(a)-(c) portation Employment 46 U.S.C. 1506 Standards 91 Stat. 1479 Adm. (ESA)
National Labor Relations Act P.L.?
5 8(a)(4) 29 U.S.C. 158(a)(4)
-- Stat.
3 Amends Clean Air Act, P. L.91-604 3 Amends Federal Coal Mine Health and Safety Act of 1969, P. L.91-173
- Sse 29 CFR Part 24 (45 FR 1836) 2 Enclosure "3"
- n scope in that it relates the posting requirements to radiation areas.
NRC is considering whether a more comprehensive regulatory program for protection should be developed by it to complement the DOL program.
.I I
noticed effective rules for its program on January 8, 1980 (45 FR 1836).
)
Accordingly, the Commission proposes to amend the regulations not only to announce the prohibition of discrimination of the type described above and to announce'the availability thru the Department of Labor of a remedy for employees who believe they have been discriminated against but also to require posting by specific types of licensees, permittees and J
applicants of explanatory material concerning the prohibition and remedy.t In addition, the Commission proposes to delete 10 CFR 19.16(c) but at the same time to amend Part 19 by the addition of 10 CFR 19.20.
This new para-graph, when combined with proposed changes to Parts 30, 40, 50, 70, and 71 will extend the current prohibition of discrimination against workers, who provide information concerning radiological working conditions to NRC, to include employees who provide information relating to radiological health protection matters, safeguard matters that could affect the public health and safety or common defense and security or anti-trust matters.
Title 10, Chapter I contains provisions in various Parts, for example paragraph 40.25(e), to exempt specific categories of " general licensees" I
from the requirements of 10 CFR Part 19. This exemption is based on the nature of the licensed activity.
On the basis of this exemption these tCopies of the material to be posted, NRC Form 3 (Proposed Revision 5/79) may be obtained by writing the Office of Administration, Document Management Branch, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555.
3 w
I.
NRC CONSIDERS CHANGES TO REGULATIONS ON PROTECTION 0F EMPLOYEES WHO PROVIDE INFORMATION The Nuclear Regulatory Commission is considering changing its regulations to strengthen protection for persons who provide information to the Commission in connection with their employment with an NRC-regulated organization or a contractor or subcontractor to such organization.
The proposed amendments would:
(1) Expand the types of information for which Commission protection applies to include information on antitrust, safety and security matters, in addition to radiological working conditions; (2) Apply the employee protection provisions not only to licenseos but also to holders of construction permits, applicants for a license or permit and their contractors and subcontractors; and (3) Require that licensees, construction permit holders and applicants post on their premises explanatory material on the prohibition against dis-crimination and the recourse for remedy av.ailable through the Department of Labor.
The revised regulations would implement a November 6, 1978, amendment to the Energy Reorganization Act of 1974, which added a new section on " Employee Protection." The new section identifies specific acts of employees as protected activities and prohibits employers from discharging or otherwise discriminating against employees who engage in those activities.
It also gives the Department of Labor new authority to investigate an alleged act of dis-crimination and, if found appropriate, order reinstatement of the employee, with back pay and compensatory damages.
The Department published regulations to implement this authority in the Federal Register on January 8, 1980.
I
.I 1
N 103f1 Federal Rentster / Vol. 45. No. 5 / Tuesday. Janunrv 8.1980 / Rules and Regulati:ns
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CEPARTVEfiT CF LABOR PART 24 #SCCEDUnE3 FOR THE (2) testi!Ied or is about to testify in
\\ ba,s HA.': Ll? 0 CF C:0 Cal'at!ATICM nny such proceeding: or l
t..-
Ol tic 9 cf the Secretary CO".:LACIT3 U:'CER F50;R.iL (3) assisted or participated, or is about } *f E.'.iFLOYEE PROTECTION STATUTES to assist or participate in any raanner in 2S CFR Part 24 C_
such a proceeding or in any other action I *oc(
s".1 to carry out the purposes of such 24 Pur: rose and scope.
Proc?dures for the Hand!ing of Federal statute
- C!retiiranaticn Complaints Under 24.2 Obinations and prolubited acts.
de Fedcral Employee Protection Statutas 2j I 2 t.3 Comp!aint.
I stf s
ons.
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i (a) Who mayfile. An emp!cyee who 24.5 Heanngs.
AcEncy: Department of Labor.
{d 24.s Decisions and orders, believes that he or she has been i
AcTtoN: Final rule.
241 ludicial review.
discriminated aSainst by an employer in 5
24.8 Enforcement proceedings.
violation of any of *he statutes listedin g al;;
sus.tr.tARY:This rule establishes 24.9 Excepuen.
I 24.1(a) may fue or have aaother I g' procedures for the handling of employee Authority:42 USC 3cof-9(ih 33 USC person file en his or her behalf, a j
g; complaints of discrimination under the 13er:15 USC 252?.: 42 USC f,971: 42 USC complaint alleging such discrimination.
(b) Time offiling. Any complaint shall g '5 employee protection provisions of the 7522: 42 USC 5851.
followmg Federal statutes: Safe Drinking i 24.1 Purpose end scope.
be illed within 30 days after the I
d' Water Act. Water Pollution Control Act.
(a) His part implements the several ccurrence of the alle3ed violation.For l tr Toxic SAstances Control Act. Solid Federal employee protection provisions the purpose of determming time! bess of I
d.
Waste Esposa! Act.C:can Air Act, for which the Secretary of Labor has filing, a e mplaint nled by ma:1 shall be Energy Reorganization Act of 1974.
be2n given responsibility pursuant to the deemed ided as of the date of mailing.
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t.
EFFECTIVE DATE: January 8.1980.
following statutes: Safe Drinking Water (c) form ofcomlaint. No particular FCn FURTHER INFCRMATICN CONTACT Act. 42 U.S.C. 300i-9fi): Water Pollution fann of complaint is required, except
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t Control Act.33 U.S.C.1367: Toxic that a complaint must be in writing and
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c George ht Lilly Counsel. Empicyee Substences Control Act.15 U.S.C. 2522:
should include a full statement of the Solid Waste Disposal Act. 42 U.S.C.
acts and omissions, with pertinent gc Denents Division. Office of the Solicitor.
d U.S. Department of Labor. Suite N:716, 6971: CIcan Air Act.42 U.S.C.76 2 dates, which are bel!eved to constitute
.I s NECL Building. 200 Constitution Energy Reorganization Act of1974. 42 tne violation.
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a Avenue. N.W., Washington, D.C. 00:10.
U.S.C' 5851.
(d) P!cce offiling. A complaint may be
(:02) 357-0837.
(b) Procedures are estab!Ished by this III.ed in persen er by mail with the Office
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- t SWPLEMENTARY INFC R'.tAitoin Recent part pursuant to the federal statute'ry c:'he Administrator of the Wage and I-for the Hour Division. Employment Standards I
prs isions listed above[ complaints by Administratien. U.S. Department of
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Congressicnal concern for the protection expeditious handling o of wmstle. blower employees from discriminatory actions by their employees, or persons acting on their Labor.The address of the employers has led to the enact =ent of behalf, of discrimmatory action by Administrater's oi? Ice is Room S3502
'I special employee protec:fon provisions employers.
200 Confitution Avenue NW.,
I Washingten. D.C. 20210. A complaint
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in several federal statutes.
I 24.2 Cbligations and prettibitad acts.
may also be filed at any local ofUce of g
Respcnsibility for the handling cf these (a) ne several statutory employee the Wage and Hour Civision.The prctections has been lodged with the protection provisions listed in i 24.1, address of such Iccal offices may be i I Secretary of Labor. The Sacretary of above, provide that no employer subject frund in local telephone diractories.
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Labor has determined that unifonn to the provisions of the Federal statute procedures are required for the orderly of wtuch these protective provisions are f 24.4 favestigations l
I reso!ution of the complaints now being a part may discharge any employee or (a) Upon receipt of a complaint under filed with the Secretary pursuant to otherwise discnmmate against any this part, the Administrator shall notify I
t thsse several statutory provisions.
employee with respect to the employee's the person named in the complaint, and i {
The Department ofIchorha, compensation. terms, conditions, or the apprcpriate a:fice of the Federal determined that this documentis not a privileges of employment because the agency charged with the administration g
significant mle cod does not require a employee. or any person acting pursuant of the affected prog am ofits filing.
I regulatory analysis under Evecutive to the employee's request, engaged in (b)The Administ stor shall, on a
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Order gavl and Department ofLabor any f the activities specifiedin priority basis, investiaate and gather
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Cuide/ ices (44 FR Mm). This document subsection f.b) below.
data concermng :uch case, and as part (b) Any persen Is oeemed to have of the investigation may enter and g
was prepaird under the supervision of Laurie AL Streeter. Associate Solicitor
- violated the panicular federallaw and inspect such piaces and records (and I
these regulations if such person make copies thereof). may question l
Division of Employee Benefits.
intimidates, threatens, restrains, persons being proceeded against and g
Accordingly, since this rule relates coerces, blacklists, discharges, or in any other employees of the charged only to precedural matters required by other manner discruninates against any employer, and may require the (I
statute for which no proposed employee who has production of any documentary or other I
rulemaking is.equired. Subtitle A of (1) commenced. or caused to be evidence deemed necessary to I' }I Title 23 of the Code of Federal commenced. or is about to commence or determine whether a violation of the law Regulations is hereby amended by the cause to be commenced a proceeding involved has been committed.
addition of the following new Part :4.
under one of the Federal statutes listed (c) Investigations under this part shall
'I which provides as follows:
in i 24.1 or a proceeding for the be conducted in a manner which
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admuustrat:on or enforcement of any protects the conf;dentiality of any
.g requirement imposed under such person other than the comp!ainant who Federal statute:
provides information on a confidential
,I I
Fedstn! Rg: sler / Vcl.15. No. S / Tuesday. Ianuary 8. mo / Rules and Reculations 1337 g-basis in accordance with Part 70 of this hearing. However, because of the time by the administrntive law judge and
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.n constraints imposed upon the Secretary shall be d:e widin the time prescrthed
)
tit!e.
(d)(1) Within :o days of the reccint of
'ay the above statutes. no requests fer by the administrative law judte.
a camp!cint. the Administrator chall postpenement shall be pented except (4) D/:missalfor Crusa. (i) ne I
3o.3 ec.nplete the investigation. determina for corspelling reasons, administrative law judge may, at the l
y ;,,
whether the a!!eged violation has (b) ConsolidotedNearistss. When two request of any party or on his or her cti:n I
l cccurred. and give notice of the or more hearings are to be beid. and the own motion, dismiss a claim d;terrniration which shall contain a tame or substantially similar evidence is (A) Upon the failure of the l
st:tement of reasons for the findic;s relevant and material to the matters at complainant or his or her representative l
cnd conclusions therein. Noti:e of *.e iss te at each such hearing. the Chief to attend a hearing withcut good cause:
3 i
d; termination shall be given by cern;ied Administrative Law Judge may, upon (B) L*pon the failure of the ha m:11 to the complainant, the respondent, motion by any party er on his own or complainant to comply with a lawful l
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order of de adeninistrative law jud e.
tr in (ii)In any case where a dismissaf of a f
end to their representatives. At the same her cwn motion, order that a
'in time the Administrator shail file with consol! dated hearing be conducted.
the Chief Administrative Law Judge.
Where consolidated hearines are heid. a claims, defense, or party is sought. the U.S. Department of Labor, the criginal single record of the proceedings shall be ab :fnfstrative law jud;;e shallissue an l
complatat and a copy of the notice of made and the ey!dence introduced in order to show cause why the d!r. missal l
,n, determination.
one case may be considered as should not be granted and afford all g
g (2)(1)1f o.s the basis of the intreduced in the others, and a separate parties a reasonable time to respond to investigatica the Administrator or joint decision shall be made, as such order. Af;er the t!=e for response l
has expired. the administrative law l
g
[2 determines that the conuplaint is wtheut appropriate.
merit, the notice of determination shall (c) Ploce ofHecting. The hearing judge shall take such action as is g
include, er be accompanied by notire to sba!!. where pessible, be he!d at a place approprfate to rule on the dismissal.
l the complainant Sat the not!ce of within 75 miles of the compidnant's which may include an order dismissing determinatica s'iall become the i nal residence.
the claim, defense or party.
I a
d order of the Secretary denying the (d) R9!:t to Counsel. In all
$ 24.6 Deciziens and orders.
I complaint unicss within five calend:r proceedings under this part, the parties (a) RecommendedDecisien.The l
days cf its receipt the cetmMainant tiles shall have the right to be represented by administrative !sw judge shallissue a j
with the Chief Administrat'ive Law Judge counsel e request by t:Ic ram for a hearin; en (e) Pmcedures, er/dsaca andrecord.
recommended decisien within 20 days g
be the complaint. Tt:e notice shall give Se (1) Evidence. Formal rules of evidence after the termination cf the procee6:3 at which evidence was sub=ittad.The l
02 address of the Chief Administrative Law shall not apply. but rules or principles recom= ended decisi:n shsil ccatain l
Judge.
des!;ned to assure producti:n cf the (ii) Ccpies of :ny request for a hearing most pro'aative evidenca availabla shall appropriate findings, conclusions and a g.
recom= ended crds; and be fenvarded.
she!! be sent by the con pkinant to the be appUed.The administrative law i
respondent (employer) and to the judge may exclude evidence which is together with the record, to the I
Administrator.
Immaterial. Irrelevant. or unduly Secretary of Labor for a final order.The l
recom= ended de::s!on : hall be served g
(3silIf en the basis of the repetiticus.
investi at:en the Administrator ill R:ccedofNecting. All hearinas upon all par:ias to the pecceeding.
g deterrr.u:ss that the sue;ed vi:!atica has shcIl be open to the pub!!c and shall be (b) FinciCedtr. G) Edin 50 cays 3
cccurred. the notice of dete minatien me:hanica!!y or stenoyaphically after receipt of a complaint. the I
shcIlinc!cde an appropriate order to reported. Al! evidence upon winch the Secretary cf Lsber shallissue a final l
cbete ths vietation. and notice to ie adminatranve law ju: ige telies for ceder, ba:ed on 6e rec rd and tha g
respondent that the order shkil1:e::me decision shall be contained in the recommended decision.of the the final order of 5e Sec str.ry u+ss transcript of testi=ony, et$c direc:!y or administrative icw jud;e. which shall be I within five calendst d:ys of its recMpt by appropriate reference. All exhibits served upon an of tha parnes.
l the respondent files with the Chief and other pertinent docu nents or (2)If the Secretary concludes that the g
Administrative Law Jud;e a request by records, either in whole or in material party charged haa vichied the law. the I
telegram for a hearing. An order Isrued part. Introduced as evidence, shall be final crder shall crder the party charged pursuant to this subsectica shall be in marked for identification and to take approprint: af!Irmative action to I
ceccrd:nca with the relevant provisions incorpor:ted into the reccrd.
abate the vio!: tion. Including l
cf the statute violated.The notice shall p)Om/crpument brich. Anyparty, reinstatement of the co=plainant to that g give the address of the Chief upon request may be allovred a person's former or substantially Administrative Law Jud2e.
reasonable time for presentation of oral equivalent pos; tion. !! desired, together I
(i!) Copies of any request for a hearing argument and to file a prehc: ring brisf with te c:mpensation (induding back l
shall be sent by the respondent or other written stater.ent of fact or law. pay), terms. conditiens. and privif:ges of g (emplo) cr) to the complainant and to the A copy of any such prehearing brief or that cmployment.The Secretary may.
other writt:n st:tement sh:ll be filed where dee=ed cppropriate, crder the with the Chief Administrative Law Judge party chstged to provide compens: tory I
Adrr.ir.istrator, I 24.5 Wsrw!s.
or the administrative !aw jui;e assigned dama;cs to the cenplainnnt.
l (a) Notice cfHearing. The to the case before or during t :e (3) Costs. If sach a Ena! order is I
adm;Otruthe hw bd:a to wh~n the pmcredina at whir.h cvidence is issued the Sec st:ry, at the request of care u. vind shau whn vrven s&-ittad to tha admin:strntive iaw the complainant. sban as: css a;;2 inst the I calf.1.r du idlewir"; re:8pt of '3 2 jud;e and s'.ull be se:.ed :;ca each respendent a st m equel to the agpe:; ate l
re;;mt f.~ herna, notity the parses b:-
o;h:r party. Pest.hcarir.c briets wi!! not amount of a!! ccsts :nd expenses g
cc !0 ' rwi. d.cncted te ths kst kn:wn b,* permitted except at the request of the (including atter-ey and er. pert witness ab.e mrutive law judge. When fees) n: sansM; i: cart:d by de viy. cf ".
tties, cf : d:y. !re end n
- .bu. t! e rw.\\li pt
- ics antit i:o p=mtted. ny such brief sh411 be coqicinant as d.:3.rmined by the I
E en at le.at ine days notice of such limited to the issue or issues specified Secretary, for, or in connection wid, the l
h I
1 V
i' 103'l l'alertl R:::Ist:r / Vol. 45. N:. S / Tu;sd2y. innuary a. 20c0 / Rules and Regul:tions
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bringrg of the complaint upon which I 24.s heeption.
tha fins! order was issued.
Th;s pcst shall have no application to g
(.) Cluni.ac!.:. If the Secretary any emp;oyau allegun activity y
deters-ines that the puty charyd has prohibited by this part who. acting i
not viol ted the law, an order sha!! be wahout direction from his or her l
isiu:d denying the comp;aint.
em:sicyer (or tha cmployer's agent).
g dehberately causes a violation of any
$ 24.7 Jufc'a! review.
requirement of a Federal statute listed in
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(a) WIth!n 20 days after the issuccce i 24.1. above.
I cf a fin:1 order under 124.G. above any p rson adversely af~ccted or a;;gnaved F: nad this 2nd day of January.19eQ, at lI Wuhington. D.C.
by such order may file a petitica for gi resiaw of tne orderin tha United States Ray Marshall c:urt of appeals for the circuit in which N#"'##7 'I l
the vict: tion with respect to which the N " "?d' " *****l g
l crder was issued at egedly occurred.
eauu ceca esim Th3 commencement of proceedings l
under this subsect!an shall not. unless l
crdered by the court, operate as a stay Il cf the Secretary's order.
(b) An order of 'he Secretary with I,
respect to which review could have l
been obtained under subsection (a) shall not be subject to judicial review in any g;
cri:r.in si or other civd proceed!ng.
I-(c) Certification of RecordforJudicial l}
Rsview. The record cf a case, including l1 tha record of proceedinss before the admtnistrative law ledje, shall be transcutted by the Secretary to the lit cppropriata court pursuant to the rules l'
cf euch court.
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$ *4.8 Enforcement proceedings.
l (a) Whenever e person has failed to comply with a 11nsi order is:ued by the
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i Secre:ary of Labor under 1 :13. bove.
I the Secretary msy file a civd action in lil;'
the United States dis'rict court fcr the
- d. strict in which the violation was found to occur to enforce such order. In actions g
brought under this section, the d; strict Ii courts shall have jurisdiction to grant to l{
all appropriate relief including, but not limited to. Injunctive re!!ef.
lI compensstory and exemplary damages.
(b}(1) Any person on whose behalf a l
final order was issued by the Secretary l
cf Labor under i 21.6. above, may commence a civil action agiinst the g
person to whom such order was issued to require compliance with such order.
l Th2 appropriate United States district l
court shall have furisdiction, without regard to the amount in controversy or g
tha citizenship of the parties, to enforce I
such order.
l (I) The t.ourt,in issuing any final l
trder under this section may award costs of litigation (including reasonable i
att:rney and expert witness fees) to any puty whenever the court determines l
such award is appropriate.
lj (c) Any nondiscretionery duty tecsed by this section shall be enforceable in a mandamus proceeding I,
brought uncer rec:fon 1301 of Title 23 of lt t
th? United States Code.
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