ML20148P490

Provides Status Rept on Development of Working Arrangements Implementing 821025 MOU W/Dept of Labor for Info

ML20148P490
Person / Time
Issue date:	06/24/1983
From:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20148P464	List: ML20148P457 ML20148P479 ML20148P490
References
FOIA-87-803, TASK-PII, TASK-SE SECY-83-251, NUDOCS 8801290155
Download: ML20148P490 (14)

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(.....) W June 24, 198 POLICY ISSUE 5 " -8'-25' For: The Comissioners From: William J. Dircks, Executive Director for Operations

Subject:

STATUS REPORT ON DEVELOPMENT OF WORKING ARRANGEMENTS IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT OF LABOR ,

Purcosa: Information For The Comission Discussion: On June 13, 1983 the Comission directed the staff to provide a status report on the development of working arrangements implementing the Memorandum of Understanding with the Department of Liber. The Memorandum of Understanding (MOU) (Enclosure 1) was ligned on October 25, 1982 to facilitate coordination and cooperation between the NRC and Department of Labor (DOL) in the

( processing of violations of the employee protection provisions

.. . of Section 210(a) of the Energy Reorganization Act. The MOV explains how the agencies will coordinate activities irtcluding notification of pending investigations concerning complaints of ciscrimination and the decisions following the investigations.

Working arrangements have been developed (Enclosure 2) and representatives of each agency ret on May 6,1983 to discuss and clarify the procedures. The working arrangements include points of contact for headquarters anc regional levels of each agency and a discussion of responsibilities for investigating complaints.

The Enforcement Staff, IE, will incorporate the working arrange-ments in rsvised IE Manual Chapter 0400 and representatives of COL's Wage and Hour Division have agreed to incorporate the procedures for their agency in their Field Operations Manual. .

In the meanti*e, the arrangements have been provided to the Regions in an Enforcement Guidance Memorandum.

Y 1111a. J.dirc Executive Director for Operations

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Enclosures:

As stated 120555004750 us NRC 1 19A1981SC1 fhy

Contact:

J. Axelrad, IE 24909 %CUTIVE DIRECTOR MheB-9604 kASHINGTON DC 20555 h y 8801290155 880126 i

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. l MEMCRANDUM OF UNCERSTANDING BETWEEN NRC AND DE?ARTMEllT OF LABOR

1. PURPOSE l

The U. S. Nuclear Regulatory Commission (NRC) and the Decartment of Labor (DOL) '

enter into this agreement to facilitate coordination and cooperation concerning the employee protection provisions of Section 210 of the Energy Reorganization

Act of 1974 (Reorganization Act), as amended, 42 U.S.C. 5851.

2. BACXGROUND

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Section 210 of the Reorgani:ation Act prohibits any employer, including a Nuclear Regulatory Commission licensee, applicant or a contractor or subcontractor of a  !

Commission licensee or applicant, from discriminating against any employee with resoect to his or her comoensation, terms, conditions or privileges of employment because the employee assisted or participated, or is about to assist or participate, in any manner in any action to carry out the purposes of either the Reorga'nization

, Act or the Atomic Energy Act of 1954 (Atomic Energy Act), as amended, 42 U.S.C.

1 2011 et sec. '

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l The NRC and DOL have complementary responsibilities in the area of employet protection.

00L has the responsibility under Section 210 of the Reorganization

( \ct to investigate employee complaints of discrimination and may, after an l

i ves-i;ation and hearing, orter a violater to take affirmative action to abate tne viciation, reinstate the c:molainant to his or her f.ormer position with

ackpay, and award c:mpensatory damages, including attorney fees. NRC, though without direct authority to provide a remeoy to an employee, has independent authority uncer the Atemic Energy Act to take appropriate enforcement action against Ccmmission licensees that violate the Atemic Energy Act, the Reorgani-

ation Ac , or C:mmission requirements. Enforcement action may include license denial, suspension or revocation or the imposition of civil penalties.

Althcugh each agency will carry out its statutory responsibilities independently,

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.ie agencies agree that administrative efficiency and sound enf,orcement policies will be maximi:ec by c: operation and the timely exchange of information in areas of mutual interest. ,,

3. AREAS OF COOPERATION

a. 00L agrees to promptly notify NRC of any c:mplaint filed with 00L alleging discrimination within the meaning of Section 210 of the Energy Reorganization Act. 00L will promptly provide NRC a copy of the comolaint, decisions and orcers associated with the investigation and any hearing on the c:mplaint.

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CL will also '<eso NRC currently infont.ed on the status of any judicial

roceecings seeking review of an orcer of the Secretary of Labor issued pursuant to Section 210 of the Reorganization Act.

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NRC and 00L agree to cooperate with each other to the fullest extent possible in every case of alleged discrimination involving employees of Commission

. - licensees, applicants, or contractors or subcontractors of Comission licer-sees or applicants. NRC will take all reasonable steps to assist 00'L in obtaining access to li~ censed facilities and any necessary security clearances.

Each agency agrees to share and promote access to all information it obtains

( concerning a particular allegation and, to the extent permitted by law, will l orotect the conficentiality of information identified as sensitive that has been sucolied to it by the other agency. .

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4 IMPLES.ENTATION 1

The NRC official responsible for implementation of this agreement is the Executive Director for Operations; the DOL official responsible for implemen-tation of this agreement is the Administrator, vage and Hour Division. Working, level point of contacts shall be established an f identified within 10 days l af ter the effective date of this agreement for toth headquarters and field ocerations.

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5. AMENCMENT AND TE?)41 NATION This Agreement may be amended or modified upon written agreement by both parties to the Agreement. The Agreement may be teminated upon ninety (90) i' days written notice by either party. I i

6. EFFECTIVE DATE This agreeemer.t is effective when signed by both parties.

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62A a William J. Dircks i Executive Director -

for Operations Nuclear Regulatory Ccmission Datea: July 29,1982 N

William M. Otter, Administrator '

Wage and Hour Division

( apamnent 6f 1. abor Dated: October 25, 19.82 .

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Proced_ures for Implementing MOV between NRC and DOL i  :

/ I. Backgrcund and Purpose  !

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On July 29, 1982, the Executive Director for Operations of the Nuclear  !

i Regulatory Comission signed the "Memorandum of Understanding Between NRC and Department of Labor " The Administrator of the Wage and Hour Division of the Depaitment of Labor signed the document on October 25, 1982. The MOV set forth the responsibilities of the NRC and DOL in protecting the rights of employees as specified in Section 210(a) of the Energy Reorganizatier. Act of 1974, as amended. Section 3 cf the MOV pro-vides that the two agencies will "... cooperate with each other to the

.( fullest extent possible in every case of alleged discrimination involving employees of Comission licensees, applicants, or contractors or subcon-tractors of Cormission licensees or applicants." .

These working arrangements between the NRC and DOL have been developed to ensure prompt notification, investigation, and followup of complaints involving alleged discrimination against employees who have contacted, or have attempted to contact, the NRC.

II. Investigation and Processing of Complaints A. If the NRC receives a complaint concerning a possible violation of Section 210(a), it will refer the complainant to DOL and will

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promptly notify DOL to ensure that DOL is aware of the complaint and

.to determine if DOL is investigating the incident. The NRC will not

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l normally initiate an investigation of a complaint if D0L is conducting, or has completed, an investigation and found no violations. (If 00L concludes that a violation occurred, NRC may initiate an investigation where necessary to develop additional infomation for its enforcement actiod. 00L will notify the NRC of the decision of the Administrator,

_ Wage and Hour Division, at the conclusion of the investigation and of th results of the Secretary of Labor's review of that decision.

P. If 00L receives a complaint concerning a possible violation of Section 210(a), it will promptly notify the NRC and in#9rm the NRC of whether 00L' intends to conduct an investigation into the matter. If 00L does not intend to conduct an investigation, the NRC will consider whether.to initiate its own investigation. In cases where the individual and his employer reach an agreement, 00L will notify the NRC of such a settlement  !

i even though 00L will not conduct an investigation.

I C. The NRC will facilitate 00L's investigations by taking all reasonable j steps to assist 00L in obtaining access to licensed facilities and

.any necessary security clearances.

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D. Each agency shall designate, and maintain as current, points of contact within its headquarters and regional offices for purposes  !

of -implementation of the MOV. Matters affecting program and policy issues will be handled by the headquarters offices of the agencies.

. . III. Enforcement A. 00L's enforcement actions are primarily directed at restoring j benefits or employment status unfairly denied an employee. If DOL

( finds that no violations of Section 210(a) occurred, NRC normally will not initiate enforcement action. If, however, 00L finds that a violation l

has occurred, the NRC may take enforcement action under its Enforcement Policy, 10 CFR Part 2, Appendix C, including issuance of a Notice of Violation, imposition of civil penalties, or issuance of orders sus- )

pending, modifying, or revoking licenses, but will normally consider the effect of the action taken by 00L before deciding on its action.

B. The area or regional offices of each agency will normally develop the initial recomendations on enforcement action for their agency and will forward them to headquarters for rev'iew. If a violation does l

not involve an escalated enforcement action, an NRC regional office may issue a Notice of Violation without Headquarters concurrence. l

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NRC POINTS OF CONTACT l

Headquarters: Jane Axelrad, Acting Director of Enforcement 492-4909 (FTS); (301) 492-4909 (Connercial) l l

Region I (Maine, New Hampshire, Vermont, New York, Massachusetts, Rhode Island, Qonnecticut, Pennsylvania, New Jersey, Delaware, i l

Maryland)

( l Daniel Holody, Enforcement Specialist 488-1312 (FTS); (215) 337-5312 (Commercial)

Region II (Virginia, West Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Florida)

John Puckett, Enforcement Specialist 242-5505 (FTS); (404) 221-5505 (Connercial)

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2 Region III (Michigan, Ohio, Indiana, Illinois, Wisconsin, Minnesota. Iowa, Missouri)

I A. Bert Davis, Deputy Regional Administrator l

. ,. 384-2681 (FTS); (312) 932-2681 (Commercial)

Region IV (North Dakota, South Dakota, Nebraska, kansas, Oklahoma,

( Texas, New Mexico, Colorado, Utah, Ryoming, Idaho, Montana)

. Thomas Westerman, Director of Enforcement 728-8100 (FTS); (817) 860-8100 (Commercial)

Region V (Arizona, California, Nevada, Oregon, Washington, Hawaii, i Alaska)

Allen Johnson, Director of Enforcement 463-3739 (FTS); (415) 943-3739

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00L POINTS OF CONTACT Headquarters: James L. Valin, Assistant Administrator Wage and Hour Division  ;

523-8353 (FTS); (202) 523-8353 (Commercial) 1 Region I (Maine, New Hampshire, Vermont, Massachusetts, Connecticut, l Rhode Island)

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William L. Smith

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Assistant Regional Administrator 223-0995 (FTS); (617) 223-0995 (Commercial)

Region II (New York, New Jersey)

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- I Raymond G. Cordelli Assistant Regional Administrator 265-3348 (FTS); (212) 944-3348 (Conrnercial) l

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2 Region III (Pennsylvania, Delaware, Maryland, Virginia, West Virginia)

John A. Craven Assistant Regional Administrator 596-1194 (FTS); (215) 596-1194 (Commercial) I Region IV (South Carolina, Georgia, Florida)

Richard Robinette

( Assistant Regional Administrator 257-4801 (FTS); (404) 881-4801 (Commercial)

(Alabama, Mississippi Tennessee, Kentucky, North Carolina)

Sterling B. Williams Assistant Regional Administrator 229-1301(FTS);(205)254-1301(Commercial)

Region V (Minnesota, Wisconsin, Michigan, Ohio, Indiana, Illinois)

Richard A. McMahon Assistant Regional Administrator

( 353-8845 (FTS); (312) 353-8845 (Comercial) 4

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Region VI (Louisiana, Arkansas, Oklahoma, Texas, New Mexico)

Alfred A. Ramsey Assistant Regional Administrator 729-6891 (FTS); (214) 767-6891 (Commercial)

Region VII (Iowa, Missouri, Nebraska, Kansas)

M. J. Vallarreal

( Assistant Regional Administrator 758-5386 (FTS); (816) 374-5386 (Connercial) .

Region VIII (North Dakota, South Dakota, Montana, Wyoming, Utah, Colorado)

Loren E. Gilbert ,

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Assistant Regional Administrator l 327-4613 (FTS); (303) 837-4613 (Commercial) l Region IX (California, Nevada, Arizona, Hawaii)

Herbert Goldstein Assistant Regional Administrator

( 556-3592 (FTS); (415) 556-3592 (Connercial)

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i Region X (Washington, Oregon, Idaho, Alaska)

Wilbur J. Olson -

i Assistant Regional Administrator 399-1914 (FTS); (206) 442-1914 (Contrercial) i

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