ML20032E370
| ML20032E370 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 10/15/1981 |
| From: | Udrys A CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
| To: | NATIONAL LABOR RELATIONS BOARD |
| Shared Package | |
| ML20032E360 | List: |
| References | |
| 7-CA-19737, NUDOCS 8111200480 | |
| Download: ML20032E370 (5) | |
Text
-
I UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOAkD SEVENTH REGION CONSUMERS POWER COMPANY
)
)
and
)
Case No. 7-CA-19737
)
MICHIGAN STATE UTILITY
)
WORKERS COUNCIL
)
)
)
~
ANSWER Now comes Respondent, Consumers Power Company, by its attorney, i
.j A. T. Udtys, and answers the Complaint in the above matter as follows:
N 1.
Respondent admits the allegations of paragraph 1.
~
2.
Respondent admits the allegations of paragraph 2.
3.
Respondent admits the allegations of paragraph 3.
4.
Respondent admits the allegations of paragraph 4.
1 5.
Respondent admits the allegations of paragraph 5.
.f 6.
Respondent admits 'the allegations of paragraph 6.
4 7.
Respondent admits the allegations of paragraph 7.*
8.
Respondent admits the allegations of paragraph 8.
9.
Respondent denies the allegations of paragraph 9 for the reason that they are not true.
i
- 10. Respondent admits that it did not bargain with the Union con-1 cerning certain restrictions on operator overtine imposed by the Nuclear j
Regulatory Commission; Respondent denies the remaining allegations of para-t
.,j l
~
graph 10 for the reason that they are not true; Respondent avers that the s
Union did not request any '.' opportunity to negotiate and bargain" about such l
I f
restrictions.
l 11.
Respondent denies the allegations of ' paragraph 11 for the reason that they are'not true.
1
- 12. Respondent denies the allegations of paragraph 12 for the reason that they are not true.
i
- 13. Responcent denies the allegations of paragraph 13 for the reason I
5 that they are no,e true.
a l
14.
Respondent denies the allegations of paragraph 14 for the reason
~
i 8111200400 811023 PDR ADOCK 05000255 tat they are not true.
.g G
PDR-
}-
1
j l
a l
AFFIRMATIVE DEFENSES e*
1.
The alleged restrictions on overtime were imposed by the Nuclear Regulatcry Co= mission and not by the Respondent and, as a matter af law, con-pliance with an applicable order of a regulatory agency cannot constitute a refusal to bargain.
2.
The Respondent has bargained with the Union concerning the effects of any order of the Nuclear Regulatory Commission. The results of that bargaining are incorporated in the applicable labor agreement (a copy of w'hich was forwarded.
to the NLRB, Region VII, by letter dated September 25, 1981) as Article XXI, s
and provide as follows:
"In the event.that any provision of this Agreement shall conflict with any Federal or State law, order, directive,
- 3..
regulatioc, permit provision or license provision now q
or hereaf ter enacted or issued, such provision hereof shall not remain operative or binding upon the parties, but the remaining portion of this Agreement shall remain in force and effect."
The alleged overti=e restrictions were imposed pursuant to a Federal order and,.
therefore, cannot consu. ute a refusal to bargain.
g 1
3.
The Respondent has dhe right, under the applicable labor agreement,'
e.
to increase or dscrease overtime hcurs as it ctems fit.
l 4.
The NLR3 has no jurisdiction in this matter.
WHEREFORE, it is requested that this Complaint be dismissed.
Respectfully subraitted,
,~.
r t
A. T. Udrys i
Attorney for Consumers Power Company Business Address:
212 West Michigan Avenue 1
Jackson, MI 49201 Dated: October 15, 1981 s
a 9
in
- j "t
}I k
2 A
{
s DOLMETED U%RC UNITED STATES OF AMERICA NUCLEAR REGULATORY C0:0!ISSION
.'81 DCT 27 P2:52 BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD 0FFICE OF SECRETARY 00CKETlHG & SERVICE BRAllCH In the Matter of
)
~
.)
CONSUMERS POWER COMPANY-
)
Docket No. 50-255 SP
)
(Palisades Nuclear Power Facility)
)
NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the above-captioned matter.
In accordance with
$2.713, 10 CFR Part 2, the following information is provided:
Name:
Judd L. Bacon 4
Address:
Legal Department Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 Telephone Number:
(517) 788-1366 Admissions:
Supreme Court of Michigan United States District Court for Western District of Michigan
. Ju 'd
. Bacon Co 1 for Consumers Power Company Dated at Jackson, Michigan this 23rd day of October, 1981.
,i.c
-I.
ti
, 'i t.
CA\\\\Yll s
Docxtiro g
us e OCT 271981, 3 UNITED STATES OF AMERICA NUCLEAR RECULATORY COSDIISSION
[e dat Branch e
BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD
(.
cc In the Matter of
)
)
CONSUMERS POWER COMPANY
)
Docket No. 50-255 SP
)
(Palisades Nuclear Power Facility) )
CERTIFICATE OF SERVICE I hereby certify that copies of Brief of Consumers Power Company In Support of O'rder Ruling on Petition to Intervene and the Notice of Appearance for Judd L., Bacon in the above-captioned proceed-ing were served upon the following persons by depositing copics thereof in the United States mail, first class postage prepaid, this 23rd day of October, 1981:
Alan S. Rosenthal, Chairman Dr. Peter Morris Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board US Nuclear Regulatory Commission US Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Dr. Jerry R. Kline Thomas S. Moore Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and~ Licensing US Nuclear Regulatory Commission Appeal Board Washington, DC 20555 US Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Appeal Board Panel Christine N. Kohl US Nuclear Regulatory Commission Administrative Judge Washington, DC 20555 Atomic Safety and Licensing Appeal. Board Atomic Safety and Licensing Board US Nuclear Regulatory Commission Panel Washington, DC 20555 US Nuclear Regulatory Commission Washington, DC 20555
e c.
2 Elizabeth S. Bowers, Chairman Stephen G. Burns, Esq Administrative Judge.
Office of the Executive Legal Atomic Safety and Licensing Board Director US Nuclear Regulatory Commission US Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 P
Theodora Sachs, Esq Docketing and Service Section Laura Campbell, Esq US Nuclear Regulatory Commission Marston, Sachs, Nunn, Kates, Washington, DC 20555 Kadushin & O' Hare, P.C.
1000 Farmer Street Detroit, Michigan 48226
,1
/
udd U. Bacon oun 1 for Consumers Power Company i
e C
l i
e g
e e
-e-