ML20059K484

Forwards Notice of Violation & Demand for Info Re Complaint Filed by Former Security Guard Alleging That Company Improperly Terminated Employment

ML20059K484
Person / Time
Site:	Prairie Island
Issue date:	01/26/1994
From:	Martin J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Comstock R BURNS INTERNATIONAL SECURITY SERVICES, INC.
Shared Package
ML20059K449	List: ML20059K439 ML20059K466 ML20059K484 ML20059K502 ML20059K520
References
EA-94-016, EA-94-017, EA-94-16, EA-94-17, NUDOCS 9402020120
Download: ML20059K484 (2)

Text

.

jd"%g UNITED STATES 4'

NUCLEAR REGULATORY COMMISSION 2

j g(y HEGION 111

!c 801 WARRENVILLE ROAD 8

LISLE, ILLINOIS 60532-4351 Januao/ 26, 1994 EA 94-016 EA 94-017 Burns International Sectarity Service, Inc.

ATTN: Roger Comstock, President 2 Campus Drive Parsippany, New Jersey G70N

SUBJECT:

NOTICE OF VIOLATION; DEMAND FOR INFORMATION (U.

S.

Department of Labor Case No. 93-ERA-12)

This refers to the results of a hearing conducted by a U.

S.

Department of Labor (DOL) Administrative Law Judge ( ALJ) into a complaint filed on November 5, 1992, by an individual formerly-employed by Burns International Security Service (Burns) under contract to the Prairie Island Nuclear Generating Plant (Prairie Island) (DOL Case No. 93-ERA-12).

The former security guard.

alleged that Burns improperly. terminated her employment on September 3, 1992 because she raised questions about certain security practices at Prairie Island.

In a December 4, 1992 letter, the DOL Area Director concluded I

that Burns would have taken the same unfavorable personnel action regardless of the individual's questions about the security practices.

That decision was appealed by the individual and, following a hearing, the DOL ALJ concluded that unlawful I

employment discrimination had occurred.

Specifically, the ALJ found that Burns wrongfully discharged the individual in retaliation for her having engaged in protected activities on-several occasions.

The ALJ ordered Burns to reinstate the guard with back pay and other compensation.

.l The NRC has determined that Burns' termination of the guard is a J

violation of 10 CFR 50.7, " Employee Protection."

Specifically, o

under 10 CFR 50.7, discrimination.by a Commission licensee, or its contractor or subcontractor, against an employee for engaging in protected activities is prohibited.

The guard's activities, which included raising questions about security practices at an NRC-licensed facility, are considered protected activities under 10 CFR 50.7.

A Notice of Violation and Proposed Imposition of Civil Penalty (Notice) has been issued to Northern States Power Company.for this violation.

You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response.

Since the NRC enforcement action in this case-is based 9402020120 940126 ~

PDR ADOCK 05000282 O

PDR:

j

t Burns International Security Service on the Recommended Decision and Order of the DOL ALJ, which is still being reviewed by the Secretary of Labor, you may delay submission of certain portions of the response as described in the enclosed Notice until 30 days after the final decision of the Secretary of Labor.

In order for the NRC to determine whether additional enforcement action is necessary, you are requested to respond to the enclosed-Demand for Information.

Questions concerning this Demand for Information should.be addressed to the Director, Office of Enforcement, who can be reached at (301) 504-2741.

Please promptly provide copies of.this letter and the enclosed Notice of Violation and Demand for Information to the individuals who were involved in the incident and inform them that they may respond and that, if they do choose to respond, this response must be provided within 30 days of the date of this letter.

In accordance with 10 CFR 2.790 of the NRC's " Rules of-Practice,"

a copy of this letter, its enclosure, and your responses will be placed in the NRC Public Document Room.

Sincerely, j

f kb Joh B.

Martin j

Regional Administrator Enclosures-I Notice of Violation J

Demand for Information cc: Northern States Power Company

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