ML20154P284
| ML20154P284 | |
| Person / Time | |
|---|---|
| Site: | Trojan File:Portland General Electric icon.png |
| Issue date: | 09/19/1988 |
| From: | Faulkenberry B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | Cockfield D PORTLAND GENERAL ELECTRIC CO. |
| References | |
| EA-88-251, NUDOCS 8810030007 | |
| Download: ML20154P284 (5) | |
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l September 19, 1988 j
Docket No.: 50-344 EA No.:
88 251 i
Mr. David W. Cockfield i
Yice President, Nuclear Portland General Electric Company t nd go 04 j
SUBJF.T:
DOL Complaint by James H. Daily Jr.
I Gentlemer,*
i On June 14, 1988, the U. S. Depertment of Labor's Wage and Hour Division in j
Portland, Oregon, received a complaint from a fonner contract employee of
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Portland General Electric Company at the Trojan Nuclear Power Plant. The fonner employee alleged that his contract was prematurely terminated because j
he had raised safety concerns while performing his duties at Trojan.
In response to that complaint, the Wage and Hour Division conducted ar investigation, and in the enclosed letter dated September 8, 1988, the Area i
Director of the Wage and Hour Division found that the evidence obtained l
during the Division's investigation indicated that the employee was engaged r
in a protected activity within the ambit of the Energy Reorganization Act and l
that discrimination as defined and prohibited by the statute was a factor in the j
actions which comprised his complaint.
The NRC is concerned that a violation of the employee protection provisions
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set forth in 10 CFR 50.7 may have occurred and that the actions taken against the fomer employee may have had a chilling effect on other licensee or contractor personnel. Therefore, you are requested to provide this office, i
within thirty days of the date of this letter, a response which:
1.
Provides the basis for the employment action regarding the fomer employee and includes a copy of any investigation reports you have
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regarding the circumstances of the action; and l
2.
Describes the actions, if any, taken or planned to assure that this i
employment action does not have a chilling effect in discouraging
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other licenses or contractor employees from raising perceived i
safety concerns, f
I After reviewing your response, the NRC will determine whether enforcement action is necessary at this time to ensure compliance with regulatory f
requirements.
i In accordance with 10 CFR 2.790, a copy of this letter will be placed in the j
NRC Public Document roco, e
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The response requested by this letter is not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980. Pub. L. No.96-511.
Sincerely, B. H. Faulkenberry Deputy Regional Administrator
Enclosure:
As Stated bec w/ enclosure:
J. Taylor, DEDO J. Liebennan, OE r
L. Chandler, OGC F. Miraglia, NRR M. Blume, RV l
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U.S. Department of Labor Employmont Stancords Administration
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Wage and feut Dmsion elf'.*
540 rederal Office Building e.
1220 SW Third Avenuo Portland. OR 97204
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1 September 8. 1988
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Portland General Electric Company Trojan Nuclear Power Plant ATTNt Director 121 SW Salmon Portland. OR 97204 R"
James H. Daily. Jr. vs.
Portland General Electric Co.
Dear Sir:
This letter is to notify you of the results of our compliance actions in the above case.
As you know. Mr. James H. Daily Jr., filed a complaint with the Secretary of Labor under the Energy Reorganization Act on June 14, 1988. A copy of the complaint, a copy of Regulations. 29 CFR Part 24.
and a copy of the pertinent section of the statute were furnished in a previous letter from this office.
Our initial efforts to concillate the matter revealed that the parties would not at that time reach a cutually agreeable settlement.
An investigation was then conducted.
Based on our investigation, the weight of evidence to date ludicates that James H. Daily was a protected caployee engaging in a protected activity within the ambit of the Energy Reorganization Act, and that discrimination as defined and prohibited by the statute was a factor in the actions which comprise his complaint. The following disclosures were persuasive in this determination:
Mr. Daily was hired oa March 31, 1988 as a temporary employee for an anticipated duration of approximately five months.
In fact, his employment was terminated on nearly two months prior to the anticipated date of termination.
Mr. Daily questioned PGE's methods of inspecting the nuclear plant components alleging that such methods did not comply with the codes enforced by the Nuclear Regulatory Commission (NHC).
On April 20, 1988 he discussed his concerns with NRC Inspector Clifford A. Clark.
This was done in the presence of his supervisor, other company employees and contractors.
On May 10. 1988 Mr. Daily, in a discussion with his supervisor, allegedly threatened that ho may have to go to the NRC to resolve the dispute.
On May 11, 1988 Mr. Daily was presented with a two week notlee of termination and was in fact terminated on May 21, 1988.
This letter will notify you that the following actions are required to
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o abate the violation and provide appropriate relieft Reimbursement of lost wages, expenses incurred in filing this complaint, reasonable attorneys fees and any compensatory damages which may be appropriate to settle this case.
This letter will also notify you that if you wish to appeal the above findings and remedy. you have a right to a formal hearing on the record.
To exercise this right you must, within five (5) calendar days of receipt of this letter, file your request for a hearing by telegram tor The Chief Administrative Law Judge U.S. Department of Lacor Suite 100. Vanguard Building 1111 - 20th Street. NW Washington, DC 20030 Unless a telegram request is received by the Chief Administrative Law Judge within the five day period, this notice of termination and remedial action will become the final order of the Secretary of Labor.
By copy of this letter I am advising James !!. Daily of the determination and right to a hearing.
A copy of this letter and the complaint have also been sent to the Chief Administrative Law Judge.
If you decide to request a hearing it will be necessary to send copies of the telegram to James H. Da. fly and to me at 540 Federal Office Building. 1220 SW Third Avenue. Portland. OR 97204. After I receive the copy of your request, appropriate preparations for the hearing can be made.
If you have any questions do not hesitate to call me.
It should be made clear to all parties that the role of the Department of Labor is not to represent the parties in any hearing.
The Department would be neutral in such a hearing which is simply part of the fact-development process, and only allows the parties an opportunity to present evidence for the record.
If there is a hearing, an Order of the Secretary shall be based upon the record made at said hearing, and shall either provide appropriate relief or deny the complaint.
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Ok'gj]N Ra ph '. Knipe Assist it Area Director cc: James H. Daily. Jr.
5316 53rd Ave East. Lot L-13 Bradenton. FL 31203 Bob Russell Attorney 1600 SW Fourth. Suite 875 l
Portland. OR 97201 l
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o, Ronald W. Johnson Attorney Portland General Electric 121 SW Salmon St.
Portland. OR 97204 Nuclear Regulatory Commission ATTN:
Mr. Al Johnson 1450 Maria Lane Suite 210 Walnut Creek, CA 94590-5308 The Chief Administrative Law Judge U.S. Department of Labor Suite 700 Vanguard Building 1111 - 20th Street NW Washington DC 20030 l
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