ML20058P636
| ML20058P636 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| Issue date: | 12/03/1993 |
| From: | Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Beard P FLORIDA POWER CORP. |
| References | |
| EA-93-226, NUDOCS 9312270210 | |
| Download: ML20058P636 (27) | |
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3 1993 Docket No. 50-302 License No. DPR-72 EA 93-226 Florida Power Corporation Mr. P. M. Beard, Jr.
Senior Vice President, Nuclear Operations ATTN: Manager, Nuclear Licensing 15760 West Power Line Street Crystal River, FL 34428-6708 Fluor Constructors International, Inc.
Mr. L. Copeland, President 3333 Michelson Drive Irvine, CA 92730 Gentlemen:
SUBJECT:
ENFORCEMENT CONFERENCE
SUMMARY
- CRYSTAL RIVER UNIT 3 This letter refers to the enforcement conference conducted at our request at the WRC Region II offices in Atlanta, Georgia, on November 22, 1993. The purpose of the meeting was to discuss a case of employee discrimination that was filed with the Department of Labor (DOL), on which a decision was recently issued by the Secretary of Labor.
A list of the attendees and a summary of the presentation are enclosed.
The.
presentation included additional information which you stated was _not provided to DOL for consideration during their decision making process. We are continuing our review of these issues to determine the appropriate enforcement action.
In accordance with Section 2.790 of the NRC's ' Rules of Practice," Part 1, Title 10, Code of Federal Regulations, a copy of this letter and its enclosures will be placed in the NRC Public Document Room.
Should you have any questions concerning this letter, please let us know.
Sincerely, Original signed by Ellis W: Merschoff.
l' Ellis W. Merschoff, Director I
Division of Reactor Projects
Enclosures:
(See page 2)
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3 G93 Florida Power Corporation 2
Enclosures:
1.
List of Attendees 2.
Presentation Summary cc w/encls:
Gary L. Boldt Vice President, Nuclear Production, SA2C 15760 West Power Line Street Crystal River, FL 34428-6708 B. J. Hickle Director, Nuclear Plant Operations, NA2C Florida Power Corporation 15760 West Power Line Street Crystal River, FL 34428-6708 R. C. Widell Director, Nuclear Operations Site Support, NA21 15760 West Power Line Street Crystal River, FL 34428-6708 i
Gerald A. Williams Corporate Counsel MAC - ASA P. O. Box 14042 St. Petersburg, FL 33733 A. H. Stephens General Counsel MAC - A5D P. O. Box 14042 St. Petersburg, FL 33733 Ric Carter, Senior Director Labor Relations i
Fluor Constructors International, Inc.
150 Executive Center Drive 1
Greenville, SC 29615 l
George S. Renshaw, Project Manger I
Fluor Constructors International, Inc.
15760 West Power Line Street Crystal River, FL 34428-6708 Associate Solicitor for Fair Labor Standards U.S. Department of Labor Room N-2716 200 Constitution Ave., N.W.
Washington, D.C.
20210 cc w/encls cont'd:
(See page 3)
a Florida Power Corporation 3
g cc w/encls cont'd:
Regional Director 4
U.S. Department of Labor Employment Standards Administration Wage and Hour Division 1371 Peachtree Street, N.E.
Atlanta, Georgia 30367 District Director Wage and liour Division U.S. Department of Labor /ESA Suite 300 4905 West Laurel St.
Tampa, Florida 33607 Attorney General Department of Legal Affairs The Capitol Tallahassee, FL 32304 Administrator Department of Environmental Regulation Power Plant Siting Section State of Florida 2600 Blair Stone Road Tallahassee, FL 32301 Robert G. Nave, Director Emergency Management Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 Bill Passetti Office of Radiation Control Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, FL 32399-0700 Joe Myers, Director-Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 cc w/encls cont'd:
(See page 4)
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Florida Power Corporation 4
cc w/encls cont'd:
Chairman Board of County Commissioners Citrus County 110 N. Apopka Avenue Inverness, FL 36250 Robert B. Borsum B&W Nuclear Technologies 1700 Rockville Pike, Suite 525 Rockville, MD 20852-1631 bec w/encls:
J. Lieberman, OE J. Gray, OE R. Rosano, OE J. Goldberg, 0GC J. Johnson, RII K. Landis, RII A. Long, RII H. Berkow, NRR H. Silver, NRR Document Control Desk NRC Resident Inspector U.S. Nuclear Regulatory Commission 6745 N. Tallahassee Road Crystal River, FL 34428 1
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4-T ENCLOSURE 1 LIST OF ATTENDEES U. S. Nuclear Regulatory Commission S. D. Ebneter, Regional Administrator, Region II (RII)
L. A. Reyes, Deputy Regional Administrator, RII E. W. Herschoff, Director, Division of Reactor Projects (DRP), RII G. R. Jenkins, Director, Enforcement and Investigation Coordination Staff (EICS), RII B. Uryc, Senior Enforcement Specialist, EICS, RII H. N. Berkow, Director, Project Directorate II-2, Office of Nuclear Reactor Regulation (NRR)
M. V. Sinkule, Chief, Reactor Projects Branch 2, DRP, RII K. D. Landis, Chief, Reactor Projects Section 28, DRP, RII C. F. Evans, Regional Counsel, RII R. C. Butcher, Senior Resident Inspector, Crystal River A. R. Long, Project Engineer, DRP, RII Florida Power Corooration P. M. Beard, Jr., Senior Vice President, Nuclear Operations G. A. Renshaw, Site Manager, Crystal River R. C. Widell, Director, Nuclear Operations Site Support A. H. Domby, Attorney, Troutman Sanders R. A. Brown, Instrumentation and Controls / Electrical Supervisor (Retter.d)
FLOOR Constructors International. Inc.
L. R. Copeland, President R. E. Pitts, Manager of Projects J. R. Wiley, Attorney, Carlton Fields
LENCLOSURE 2 INDEX TAB 1.
Copies of Presentation Overheads.
FLORIDA POWER CORPORATION INFORMATION:
2.
Copy of Florida Power Corporate Values.
3.
Extract from Strategic Plan for Excellence in Nuclear Operations.
4.
Extract from Florida Power Corporation's Employee Handbook.
5.
Affidavit of Richard Alonzo Brown dated November 17, 1993.
6.
Affidavit of James A. Brown dated November 17, 1993.
7.
Florida Power Corporation's April 25, 1988 response to RII A-0124.
8.
P. M. Beard, Jr. interoffice correspondence to Nuclear Operations Employees and Support Personnel on the subject of Nuclear Safety Concerns dated May 22, 1991.
9.
Current version of Nuclear Operations Department Procedure, N0D-36,
" Employee Concerns Program".
10.
Copy of July / August 1992 " REACT 0 Roundup" containing article on Nuclear Safety Concerns Program.
11.
P. M. Beard, Jr. interoffice correspondence to. Nuclear Operations Employees and Support Personnel on the subject of Nuclear Safety Concerns dated June 7, 1993.
12.
P. M. Beard, Jr. interoffice correspondence to Nuclear Operations Supervisors and Managers on the subject of Self-Assessment dated August 12, 1993.
13.
Gene A. Christie interoffice correspondence to R. M. Bright on _the subject of Preserving the Free Flow of Information cated August 12, 1993 with an example of notices sent to all contractors on May 8, 1991 and copy of current standard contract provisions.
14.
G. D. Oberndorfer/ Johnnie 0. Poston interoffice correspondence to P.
F. McKee on the subject of Surveillance of FPC Contracts dated November 12, 1993.
FLUOR CONSTRUCTORS-INFORMATION:
15.
Judge Jansen's Recommended Decision and Order (1/12/89).
16.
Fluor Constructors Brief to the Secretary of Labor (3/28/89).
17.
Secretary's Decision and Order of Remand (8/25/93).
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FLORIDA POWER CORPORATION FLUOR CONSTRUCTORS INTERNATIONAL, INC.
ENFORCEMENT CONFERENCE NRC REGION II NOVEMBER 22, 1993 Opening Statements Pat Beard Senior Vice President Nuclear Operations Florida Power Corporation I2rry Copeland President Fluor Constructors International, Inc.
Events of December 2 - 3,1987 Rolf Widell, Director Nuclear Operations Site Support Florida Power Corporation George Renshaw Site Manager-Fit.or Constructors Inter., Inc.
Status of Department of Labor Proceeding Jim Wiley, Fluor Counsel FPC & Fluor Safety Concerns Policies and Programs Rolf Widell/ George Renshaw Conclusions Pat Beard / Larry Copeland
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1 Events of 12/2/87 and 12/3/87 j
Refuel 6 Outage Winding Down i
Work on Reactor Head FPC Senior Supervisor Notified of Concern Response to the Concern Fluor Actions-
Fluor's Knowledge of Safety Concern First Line Supervisor (Comfort) was Without-Knowledge of Underlying Safety Concern.
Employee was a " Traveler".
Fluor Supervisors Believed Traveler Desired Discharge to-Accelerate Payment of Wages.
First Knowledge of Safety Concern was DOL Investigation Several Months Later.
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EXHIBIT l' i FLUOR
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1 of 1 Page INTEROFFICE CORRESPONDENCE
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To
- . E. Datterson 08:
april 8, 1988 i
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Reference:
- 0. C. Comfort L C8t'
- NT14 cr.ent:
Florida Power Corp.
E atenoon:
a533 subiect:
Termination of D.A. Tritt Mr. Tritt was terminated on December 3,
1987, for refusing to re-enter a Radiation Controlled Area.
The problems that Mr. Tritt addressed in his complaint were not addressed to me at any time.
Mr. Dick Brown notified me that Mr. Tritt had informed him that he would not work in any R.C. A., Mr. Brown nor Mr. Tritt spoke to me concerning an H. P.
controversy over the - use of respirators when working on the reactor head.
As f ar as his (Mr. Tritt's) problem with differing requirements by different H.P.'s or the changing of H.P. Tech's who had been covering the job, I am sure that Mr. Tritt was aware that this is a standard practice at CR-3 used to control H.P. dose.
Mr. Trit' ' d signed in on the proper Radiation Work Permit.
He was schooleo the proper procedures for RWP use.
Definite, detailed instructions were on the RWP for properly working the assigned job.
i Mr. Tritt 'did not express to me a concern for his health and radia-tion safety.
His health and safety concerns, as he well knew, were addressed on his RWP and when he signed in on said document, gave witness that he had read and knew, and understood the RWP require-ments for his assigned work.
i Mr. Tritt, had, upon accepting a job referral from the IBEW local union, known that he would be working in a radiation environment.
When he refused to work in an RCA, he was terminated for refusing to work his assigned job.
i I had the distinct impression that Mr. Tritt just wanted to get fired so that he could draw his full pay instead of quitting and his pay being mailed to him on the proper pay day.
From talking to him in the shop, he indicated to me that he was wanting to be off work-during the holidays and had intentions of going to another joo afterwards.
p Otis C. Comfe'rt-Lead Electrical Supervisor
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-4 The Secretary inappropriately Made His Own Credibility Determinations-Must give "special deference" to credibility findings by an AU who had opportunity to observe demeanor of witnesses. Parker v. Bowen,788 F.2d 1512,1521 (11th Cir 1986) (en banc).
Judge Jansen Secretary of I. abor e
Found that Tritt Not addressed
" embellished" his testimony to prove his case. (AU at 10-11).
Credited Comfort's affidavit
'Tritt testified convincingly that he had no knowledge of that [ Dick] Brown any safety concern. (AU at told... Comfort that Tritt 'had 10).
a problem with HP.'" (SOL at 8 n.6).
Credited Comfort's affidavit
'Tritt vigorously denied (corroborated by Renshaw) wanting to be laid off or that Tritt wanted to be fired." (SOL at 5) terminated. (AU at 10-11).
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NO REASONABLE REFUSAL-TO WORK i
Judoe Jansen and Record Secretarv of Labor Tritt knew air monitors and HPs Not addressed were not required. (ALJ at 10).
Delay in making concerns
Dust / rust" occurred near the known.
end of day. (SOL at 7).
Not addressed i
ALJ discredited " dust / rust" testimony. (ALJ at 10).
Failure to follow known concern Tritt did not know to whom to i
procedures.
address his safety concern.'
(SOL at 7).
Refusal to work even though Investigation and explanation worksite conditions no longer always required, regardless of_
existed circumstances. (SOL at 8-9).
Tritt: "(Dick Brown) said if I had Determined that no adequate come to him that afternoon (of investigation or explanation Dec. 2) instead of the following made. (SOL at 9).-
morning, and told him that, he could have had something done about it that day. (Tritt Tr.104).
ALJ questioned whether Tritt was Not addressed really interested in correcting a safety problem.
Tritt embellished his testimony.
Not addressed 3
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Conclusion:==
"For each and all of Investigation and explanation these reasons, I conclude that always required. (SOL at 8-9).
Mr. Tritt did not have a good faith, reasonable belief that working conditions were unsafe or unhealthful at the time he refused his job assignment on the morning of December 3, 1987." (ALJ at 11)
Fluor Had No Retaliatory Motivation Judge Jansen And Record Secretary of Labor -
e
" Renshaw did not know that e
Not addressed Mr. Tritt had expressed safety concerns." (AU at 11).
e Tritt:
"It just so happens e
Not addressed that the chain of command got fouled up somewhere between Florida Power and Fluor Construction. And therefore, I was terminated."
(Tritt Tr. 720).
AU concluded that Comfort e
"Tritt vigorously denied and Renshaw believed Tritt wanting to be laid off or wanted termination. (AU at fired." (SOL at 5).
10-11).
Tritt : "I feel like [ Comfort]
e Not addressed thought that I was wanting to go home." (Tritt Tr.115).
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"[T]his record contains no e
Not addressed evidence that there was a retaliation against the employee which was 1
motivated in any way by his having expressed safety concerns." (AU at 11).
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'b FPC Safety Concerns Policies and Programs Corporate Values
- Encourage and Reward Open and Candid Communications
- Investigation Prior to Discipline
- Nuclear Operations
" Principles For Conducting
)
Business" Extensive Prior Corrective Action
- General Employee Training
- Self-Study Module for Supervisors and Managers
- Senior Vice President Letter Employee Concerns Program
- Contractor Control
- Standard Contract Terms
- Quality Programs Surveillance R
- Burns Guard Case: Self-Identification, Reporting and Corrective Action by FPC
m, CONCLUSIONS No Underlying HP Violation Employee Voiced Safety-Related Concern Regarding' e
Historic Conditions e Air monitor: respirator use/HP tech coverage Safety-Related Concern Addressed e
l e Union steward e FPC supervisor e No historic excessive exposure e Safe to work in RCA P
Employee Continued Refusal to Work in RCA on Day.
e of Assignment (12/3) 1 No Retaliatory Motivation for Raising of Concerns
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- " Record contains no evidence-that there was retaliation against the employee which was j
motivated in any way by his having expressed safety concerns."
Current Policies and Programs Preclude Discharge'for o
Unresolved Safety Concern l
P FLORIDA POWER CORPORA TE VALUES
- 1. RESPECT FOR EMPLOYEES Because employees are the key to our competitive success, we will:
A.
Respect individual diversity.
B.
Provide the leadership necessary to inspire everyone to be the best they can be.
C.
Empower and trust our employees to do the right thing, the right way, the first time.
D.
Recognize and reward excei!ent performance.
E.
Encourage and reward open and candid communication.
F.
Encourage every individualin the organization to be an enthusiastic participant in the business.
G.
Let no part of the service we render ever become so important that it will endanger the life or safety of any individual.
H.
Ensure managerial continuity and succession throu;n the effective development of individuals.
l.
Provide and encourage opportunities which will permit employees to assume leadership.
J.
Provide the training and development necessary to succeed in the jobs of the future.
- 2. SATISFYING CUSTOMERS Because we are market driven, we ere dedicated to pleasing our customers with safe, economical and reliable energy choices. In serving our customers we will:
A.
Give service that anticipates our customers' needs and wants.
B.
Have competitive rates.
C.
Treat our customers better than they are treated by other potential providers of energy.
D.
Create a culture that encourages all employees to think and act with a market driven mindset.
E E
a t-FLORIDA POWER CORPORA TE VALUES 3, RESPONSIBLE ENVIRONMENTAL LEADERSHIP Dorida Power recognizes that the environment and its protection is a core value of our customers. We will:
A.
Respond to and be a leader on significant environment issues.
B.
Make corporate decisions which capitalde on anvironmentalleadership opportunities.
C.
Actnely and aggressively work to influence effcets to botn protect and enhance our environment D.
Select erternal' suppliers that hold the same environmental beliefs as we do and demonstrate them by their actions.
- 4. A COMPETITIVE RETURN TO OUR SHAREHOLDERS.
We are obligated to our shareholders whose capital sustains and grows our business. We will:
A.
Protect the resources our shareholdtts have entrusted to us.
B.
Provide a competitive return on investment.
C.
Increase profitab Sty by maximizing productivity of resources.
D.
Meet our shareholders' expectations of long term profitability.
S. INTERNAL AND EXTERNAL SUPPLIER PARTNERSHIPS Strong customer / supplier partnerships that achieve mutually beneficial results must be the norm. We will:
A.
Conduct our internal company business through strong internal customer partnerships.
B.
Setect external suppliers accord no to the cual;ty of their product or service, their reliability and competitiveness of price and treat them fairly.
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FLORIDA POWER CORPORATE VALUES.
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- 6. CORPORATE CITIZENSHIP I
si Florida Power will be a good corporate citizen. We will:
' E A.
Actively promote public policy issues which are in the best interest of our customers.'
emplevees and shareholders.
B.
Select and support specific issues that strengthen the welfare of the communities we serve.
C.
Encourage employees to participate in civic and political activities m their communitiesi
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- 7. EThlCS IN BUSINESS OPERATION l
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We are committed to operating our business in's legal, fair and ethical manner. We will:
i
.4 A.
Set the example for aff employees to conduct their internal and external company b'usiness in a honest and ethical way.
B.
Manage the company to be in compliance with all laws and regulations applicable to'our 1
business -
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s J sbu &N idM L.L k M5.rl.- l PRINCIPLES FOR CONDUCTING BUSINESS A'
i Listed below are the (ey principles that Nuciear Operat.ons employees are expectea to follow in conductr; ine bus. ness of nucl ear po..5 ope'ations A*ong we Ine management expectat ons for leadership expressed ;r cur Leadership!Empowe ent i
and Strategic Partner Courses iney establisn a founcst;on for acnieving excenence.
'i 1
Continually rein'orce in the minds of each perso9;the distinctive " essence" of 1
nuclear operat.cns professionalism -- the prote:t on of the reactor core 3:ove all else.
2.
Maintain, throughout Nuclear Operations, a strorg focus on.the mission so that projects and otner work directly support the m ssion.
-j 3.
Carefully select people with high potential arc provide effective initial and continuing training and qualification to prepare them for their duties.
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4.
Stress the deve:opment of personnel for higher Oositions of responsibility such that a strong management staff is established and maintained. Utilize selected training and job rotation as key development tools.
5.
Insist on high standards of personal performan':e and, particularly, emphasize 11 w importance of the role model portrayed by tranagers and supervisors. This includes an intolerance for poor performance.
6.
Maintain a strong line organization whose authority is not diluted by support or -
independent review groups.
7.
Have clear assignments of responsibility and a rigorous exercise : of I
accountability inroughout all parts of Nuclear Operations.
8.
Establish and maintain strong and effective channels of communication up,.
down, and across Nuclear Operations. Mace particular emphasis on." upward communication" so that personnel are ab's to freely bring issues to menee merWs attenten.
9.
Create an environment that promotes teamwork among groups and individuals.
This requires prompt action to address instances where teamwork is lackingt
-j 10.
Avoid an attitude of complacency.
Recognize that an organization must.
continually strive to improve or otherwise performance will inevitably degrade.
j 11.
Focus on the identification of problems and their solutions with an attitude that '
small things that are wrong will likely lead to large problems if not promptly.
.i corrected. (This requires an effective corrective action tracking system.L l
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SALARY / WAGES The Human Resource Profile should be submitted showing the date of death as the effective date. It is the general practice of the company to pay depervents of a deceased employce his,her salary or wages through the cno of the current pay period, plus any viicntion pay to which the employee was entitled. If an employee dics while on *cxtended sick lease,* the depern ents are to be paid his/her salary or wages through the daic of death.
DISCIPLINARY ACTION j
This section establishes the policies and procedurcs to be used by management when it is determined that dimplinary action is appropriate because of a problem with an emplo)ce's attendance, work, attitude, or condua. including the stol.ition of company rules and safe work practices.
PillLOSOPHY Disciplinary auion is a necessary supenisory tool, and it is important that it be administered only after the c:trcful and thorouch insestnution and consideration ofThe circumstances su:roundinc the situation, it is vital '
g That disciplinary action be reasonable and both fairly and consistently administered without regard tu race, color, religion, sex, national origin. age, handicap. or status as a Vietnam scleran.
RESPONSIBILITY The responsibility for determininc all of the facts and for taking or recommendine the disciplinary action rests _
with the emplesce's immediale suncnisor it is also essential that when incidents take place the matter be hancled promptly.
APPLICATION OF DISCIPLINARY ACrlON The basic principles underlying disciplinary action are:
General 1.
It is corrective in intent.
In formation 2.
Management must have "just cause* for imposing discipline.
3.
The employee must have been aware of the consequences of his/her actions, or the -
action must have been serious enough for the employee to know that disciplinaty action would result.
4.
The investigation must be fair and objective.
5.
The severity of the disciplinary action must be reasonably related to the seriousness of the offense and the past record of the employce.
6.
The discipline should be applied prornptly but not hastily or arbitrarily.
7.
A disciplinary action, once announced, should not be increased without evidence that the offense was more serious than it first appeared.
8.
All employces must be judged by the same standards, and the rules must be applied l
cvenly to all.
9.
The same disciplinary action need not always be given for the same offense. it is proper and reasonable to consider any mitigating circumstances, and to consider the employment and disciplinary record of the employee in determining the discipline to be applied.
Supermors arc encouraged to scck policy clarification, advice, or other assistance from the j
Human Resources Department in order to help them determine the proper disciplinary action.
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A TYPES OF DISCIPLINARY ACTION i
f Verbal A serbal repnmand is a screal warning gisen to the employce by the immediate supervisor.
Rentimand The warning should include a clear statement to the employee regarding the problem and the need to take correcthe action. No record of such warnings are placed in the crapicyce's Human Resources profile; however, the supervisor should make and keep a notation of the l
L serbal warning for possible future reference. This record will be valuabic if subsequently it becomes necessary to write a letter of reprimand to the employee or take more severe disciplinary action.
1 Written A written reprimand is a written formal warning to the ' employee by the imtnediate 1
Reprimand l
supervisor with the approval of the next level of supenision. The contents of the !ctier should make clear the situation, the problem involved, the corrective action required, and '
include a statement that future violatioris of rules or other misconduct may result in more severe disciplinary action.
The contents of the memorandum must be discussed with the employee, a copy must be gisen to the employce, and the original signed by the employce to indicate receipt of the letter. If the employee " fuses to acknowledge receipt in writing, the supervisor should so indicate on the letter. "hc original copy then must be sent to the appropriate office (Human Resource Systems for GOC employees or the appropriate Human Resources Office for employees outside the GOC) and will be included in the employce's personnel file.
i Discinlinary A disciplinary time off is a time off without pay for a specified period, ordered because of Time Off a serious or repeated problem or misconduct on the part of an employee. The disciplinary time off does not terminate the individual's employee status.
Disciplinary time off is normally for a period of five work days or less, although, depending on the circumstances, longer periods may'be appropriate. The length of the disciplinary.
time off should be determined by the seriousness of the incident and the past disciplinary record of the employee. Recommendations for disciplinary time off require two levels of.
'i supervisory approval.
All disciplinary time off must be explained in a letter that follows the format and procedure shown in the above paragraph on written reprimand. -The letter must be accompanied by the employee's Human Resource Profile. Both the letter and the Profile should be j
1 forwarded through the regular departmental channels for processing, ne letter should be forwarded to the appropriate area for placement in the employee's personnel file (Human Resource Systems for GOC employees and the appropriate Human Resources Office for-employees outside the GOC).
Suspendon While suspension is not a type of discipline in itself,it may be ordered by the immediate j
supervisor as a preliminary to determining the appropriate discipline. Suspension provides supenisors with the authority to relieve an employee of duty in these situations where the i
violation of rules or misconduct is so serious that the best interests of the company are i
served by removing the employee from the job without delay.
I PROGRESSIVE DISCIPLINE i
For less serious offenses, rnanagement is expected to use a system of progressive discipline un employee is verbally reprimanded, repnmanded in writing, given disciplinary time off, and finally,ifit beco necessary, discharged. Management is not, however, restricted to a progressive discipline pattern in caJ scrious offenses, nor is it obligated to make each successive disciplinary action more scvere than the last action, regardicss of the offense.
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' e, Progrt%c d mphne J~ey mean more Socre dncipline may be imposed on an employee cash itmc a gn offense is repeated, Progressise di.scipline also means that after a significant number of offenses, regardle of whether the offenses are identical or not, the company has the right to discharge an employce, Progressi discipline is intended both to discharge repeated offeracs by an employce, and to protect the right of the company to terminate the employment of an individual who, by his or her total behavior, demonstrates l
irresponsibic attitudes and actions.
j REMOVING UNFAVORABLE CORRESPONDENCE Letters of reprimand insolving warnings or disciplinary action and other unfavorable matters originating after employment uth the company may be removed from the employec's file after a period of three years, during which nothing of an u_nf. storable nature is entered in the file. This remosal is subject to the approval of the supenisors concerned who will be gisen the opportunity for advising the employee of the action.' The supcnisor will hand the unfavorabic Ictters to the cmployce for disposal.
Correspondence of an unfasorable nature may be remosed soonct than three > cars at the request of the immediate supervisor, and with the approval of the next level of supenision. Such request and approvals should be explained in writing and forwarded to the appropriate office (Human Resource Sptems for GOC employees and the appropriate Human Resources Office for employees outside the GOC) for action.
SEPARATION FROM EMPLOYMENT Described below are the different approaches used in separating indisiduals from the company, either-voluntarily or involuntarily.
The employec's supenisor is responsible for immediately r!crting tbc Payroll Depanment concerning a separation from employrncat.
INVOLUNTARY DISCHARGE Ditcharce Separation from employment due to serious or repeated problems with an employec's behavior or conduct including the violation of rules, refusal to carry out the supervisor's-order, or other misconduct of a serious nature.
Releve Separation due to lack of skill or to physical or mental inability to do the work.
Outt Without Separatfor of employment by the employee when reasonabic notice (normally two wecks)
Notice is not given or employee is absent from the job without reporting for more than two days.
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'R AEEIDAYII r
BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgements, personally appeared RICHARD ALONZO BROWN, who, having first been previously sworn, deposes and says as follows:
My name is Richard Alonzo Brown. I currently reside at in Dunnellon, Florida. After retiring from USAF in 1975, I went to work for Burns Detective Agency until 1977 when I went to work for Florida Power Corporation as a nuclear electn.ian.
I worked my way up to Nuclear Electrical /I&C Supervisor through IBEW Local 1205; In' December of 1987, I was acting as the Temporary Senior Electrician I&C Supervisor.
In December of 1987, Crystal River Unit 3 was still in the midst of its " Refuel 6" q
outage. I remember the details of the outage well, since it was the last major outage I worked before my retirement on disability.
i I remember Douglas Tritt, who was a Fluor electrician hired to work during the Refuel I
6 outage. I had no problems with the work Tritt performed on the reactor head. On December 3.1987, Tritt and the union steward, James Brown, came to see me. Tritt complained about working conditions the previous day when he and several other electricians had been assigned to work on the reactor vessel head. Tritt had some concerns about the level of radiation exposure and whether it had been properly monitored and the working team provided proper HP.
coverage.
i I told Tritt that in the future it would be helpfulif he could report problems the same day since it would be easier to determine the situation. I then looked into the matter.
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i I contacted the health physics department and determined that proper HP coverage had been available throughout the time when Mr. Tritt was working on the reactor vessel head. I also spoke with the other workers who were present at the time, none of whom had concerns about the proper supervision of the project from a radiological protection standpoint. I was also advised by HP that the dose received by Mr. Tritt had been well within limits. I verified that the air monitoring had been properly conducted throughout the day.
After finding out this information, I informed Mr. Tritt of the situation and attempted to reassure him. I told him that we would make doubly sure that proper HP protection and.
monitoring were in place when he returned to work that day (December 3). Tritt told me that.
he still felt it was unsafe to work in the reactor building and he would not reenter. I explained to him that he left me no alternative but to send him back to Fluor for reassignment. Mr. Tritt's-union steward was present with him when I told him this.
I then contacted Buck Comfort, the Fluor electrical supervisor. I told him that Mr. Tritt -
refused to go back in the reactor building. I did not know whether Mr. Comfort could use Mr.
l Tritt on another assignment; I simply knew that Mr. Tritt would not work in any area in the reactor building. I did not give him the details of any safety concerns expressed by Mr. Tritt, since we had checked those out and found them to be unwarranted. My impression was that Mr.
Tritt simply did not want to work around radiation under any circumstances. He mentioned to i
me for example that he did not want to " soak up any more radiation".
Some radiation exposure, is, of course, a part of working in RCA's.
1 1
I have no reason to retaliate against Mr. Tritt for voicing his safety concern. In fact, l
at the beginning of the outage, I gave a talk to all the electricians working in my shop urging j
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-l them to bdng up any problems they might experience in the reactor building. I felt we had adequately checked out Mr. Tritt's' concern and determined that the. working conditions were proper. It was his refusal to go back to work, rather than his raising the concern that caused '
-me to send him back to Fluor.
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'FURTHER AFFIANT SAYETH NOT.
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RICHARD ALONZO BROWN j
i STATE OF FLORIDA COUNTY OF 8/I/83 this'/
day of The foregoing instrument was acknowledged before me OUF?ngerf
,1993, by b6prA N!av20
@d and is personally' known to me -
or did prouuw as identification and did/dh take an oath'.
NOTARY PUBLIC dim j
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My Commieston Empires oec. 18,1995.
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A E E I D A.Y I I BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgements, personally appeared JAMES A. BROWN, who, having first been previously sworn, deposes and says as follows:
l My name is James A. Brown. My current address is Gainesville. Florida 32601. I am employed by Fluor Constructors, Inc. and have been so
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- 6. si-j ' ?3 employed since IW4. I am a journeyman electrician and act as jobsite steward for The General Presidents Agreement at Florida Power Corporation's Crystal River Unit 3 Nuclear Plant. I worked for Fluor during the " Refuel 6" refueling outage at Crystal River Unit 3 in l
1987. During this time I had many job functions, including electrician and welder. I was also jobsite steward at that time.
I remember Douglas Tritt, who was a Fluor electrician hired to work during the.
Refuel 6 outage. I believe Mr. Tritt was a " traveller" out of the IBEW Local in Pensacola, Florida. Toward the end of the outage, although I do not recall the exact date, I remember Mr. Tritt came to see me about a problem he had with radiation monitoring in the reactor building. He had apparently been working on the reactor vessel head the day before and had some concerns. I went with Mr. Tritt to talk to Dick Brown, the FPC electrical shop supervisor. Brown had come up through the Union and seemed to have an open minded attitude about Mr. Tritt's concerns.
He -looked into the work conditions Mr. Tritt complained about and checked the records to see if Mr. Tritt or any of the other workers on the project the day before had received an excessive dose or if it had not been monitored properly. I also recall that I talked to some of the other workers who had been with Mr.
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Tritt the day before and none of them expressed any concerns of the type Mr. Tritt had.
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I do remember that the record showed that neither Mr. Tritt nor the other workers
.t had received an excessive dose the day before. I tried to reassure Mr. Tritt about the safety j
of going back into the RB and urged him to do so. I told him some of my own experiences.
l in working in radiation areas. Mr. Tritt still refused to go back into the'RB I do believe-FPC had looked into Tritt's problem properly and had covered everything. My impression -
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was that Mr. Tritt was simply uncomfortable with the idea of continuing to work in any.
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$%.C. il ~ t) ~ 93 situation where he could possibly be exposed to^ radiation.
j-This affidavit was prepared for me by a Florida Power Corporation attorney following his interview with me. I have read it and had the opportunity to make changes as I saw fit.
i The statements I have made are accurate to the best of my recollection.
FURTHER AFFIANT SAYETH NOT.
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STATE OF FLORIDA V ~3AMES A. BROWN. ~
COUNTY OF bru5 The foregoing instrument was acknowledged before me this / 7bday of A/AVFrn[w/~,1993, by J Arnes A [2VotAn and is personally known to me or did produce -
as identification atid did/did not take an oath.
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