ML20205C267
| ML20205C267 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 05/25/1995 |
| From: | Uryc B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Perry A LABOR, DEPT. OF |
| Shared Package | |
| ML20205B966 | List:
|
| References | |
| FOIA-99-76 NUDOCS 9904010134 | |
| Download: ML20205C267 (6) | |
Text
p
- i J
/jaa a%ig'o UNrTED STATES NUCLEAR REGULATORY COMMISSION.
.,. l.,, _ d, 3
REGloN ll i.O v 0
.J I
o 101 MARIETTA STREET. N.W., SUITE 2I00
~
W...
I is
'j ATLANTA, GEORGIA 3323 0100
''-!--,.....,.,d.
C May 25, 1995 E E -7 E!)D: 33
,c
~
f
/ (/ '& >, ' W ~-
) b p'
b,
}%
b9 U.S. Department of Labor Employment Standards Administration
\\1
\\( [h C Q 'I ( Qt ATTN: Mr. Alfred H. Perry 4
Regional Director J
/
for Wage'and Hour 7
- b 1371 Peachtree Street, N.E.
3 '1 Atlanta, Georgia 30367
SUBJECT:
REQUEST FOR ACCESS TO DOL CASE FILE (NO. 93-ERA-44)
Dear Mr. Perry:
On May.17, 1993, the U.S. Departmer. of Labor's (DOL) Wage and Hour Division in Birmingham, Alabama, received a complaint from Mr. Douglas W. Harrison, an employee of the Stone and Webster Engineering Group. Mr. Harrison alleged that he had been discriminated against, in violation of the Energy Reorganization Act, as a result of reporting safety concerns at Tennessee Valley Authority's Browns Ferry Nuclear Plant.
In response to that complaint, the Wage and Hour Division initiated an investigation and, in a letter dated June 16, 1993, the District Director in Birmingham advised that their investigation did not verify that discrimination as defined and prohibited by the statutes could be substantiated.
The complaint was subsequently appealed, and bp letter dated November 21, 1994, the DOL Office of Administrative Law Judges, recommended that the case be dismissed based on the failure of Mr. Harrison to set forth a prima facie case of retaliation.
The purpose of this letter is to request that the DOL case file pertaining to this case be made available for review by a member of my staff. Under the October 25,1982' Memorandum of Understanding between 00L and NRC, D0L makes applicable case file material available to. NRC officials.
In response to an NRC request for arrangements to facilitate obtaining copies of case file documents, the Assistant Administrator, Wage and Hour Division, agreed in January 1987 that the DOL will provide a copy of the Compliance Officer's narrative report if requested by NRC.
If necessary, copies of exhibits, however, will be made by NRC personnel using DOL copying equipoent at the DOL office. The material requested and copied by NRC will be conspicuously marked as material obtained from the Department of Labor under a special arrangement with the NRC and that the information may not be disclosed outside the NRC without prior 00L approval.
When the file is available at your office, or should you have any questions regarding this request, please feel free to contact me at (404) 331-5505, or l
N NOTQE y 'O THfhC UY WAS LOANED Ttl C AN!sD1 BE ABOR rstor rut 9E5cq,y THIS MATERitt THE DEPAR1ts'ENT L'F L nynooucto on oisctosto ou m.
ts 7
99Q4ggg f" % g4 3
PDn yO, %
QUNTEng POR j
~'
5-Mr. Alfred H. Perry 2
Linda Watson at (404) 331-4192. As always, your cooperation and assistance in these matters are greatly appreciated.
Sincerely, un Ur irect Enforcement and Investigation Coordination Staff cc:
Department of Labor /ESA Wage and Hour Division ATTN: - Lyndel Erwin District Director Berry Building, Sutie 301 2015 Second Avenue North Birminham, AL 35203 Assistant Administrator i
Wage and Hour Division Department of Labor Employment Standards Administration
' Washington, D.C.
20210 f
l l
l
F-r 1
Jg 28, 19?"
CASE CHRONOLOGY RII-93-A-0096 FACILITY: BROWNS FERRY ODENED BY: O. DEMIRANDA DATE/1NITIALS ACTIVITY SECTION 03/30/93;ODM DOL COMPLAINT LETTER 1
J
\\
REFERENCE RII-93-A-0031 3
1 04/16/93;ODM REPORT NOS. 50-259, 260, 296/93-07 3
j 05/19/93;ODM DOL ACKNOWLEDGEMENT LETTER TO COMPLANANT & SWEC 1
06/16/93;ODM DOL DISTRICT DIRECTOR'S DECISION - NO 1
DISCRIMINATION I
01/17/94;ODM CLOSURE LETTER (TECH ISSUES) TO ALGR WITH 3
ATTACHED ALLEGATION EVALUATION REPORT (AER) 11/08/94;ODM DOL ALJ - RECOMMENDED DECISION AND ORDER -
1 DISMISS _C_ASE (NO PRIMA FACIE CASE) 12/15/95;ODM QI MEMO TO EBNETER - REPORT OF INVESTIGATION 4
(OI REPORT 2-93-030) i 12/22/94;ODM MEMORANUM FROM OE/ GRAY TO RA/EBNETER - NO 4
ENFORCEMENT WATRENTED (OI REPORT 2-93-030) 5/13/95;ODM ALLEGER IDENTIFICATION SHEET 4
5/13/95;ODM INDEX OF CONCERNS 1
5/13/95;ODM STATUS LETTER TO ALGR - MONITORING DOL 5
5/16/95;ODM EICS/URYC MEMO TO DRP/MERSCHOFF - REVIEW OF QI 4
t CASE AND RECOMMENDATION TO CLOSE WITHOUT FURTHER ACTION. MERSCHOFF NOTE DTD 5/22/95
{
AGREES TO CLOSE CASE.
l 5/17/95;ODM RA/EBNETER LETTER TO LICENSEE - OI SYNOPSIS 4
l 7/28/95;ODM SAC FINAL REVIEW, AND ADMIN CLOSURE NONE (TIME 1.5 HRS) 7/28/95;ODM SAC QA AMS AND PROVIDE COPY FOR FILE 3
7/28/95;ODM CLOSURE LETTER TO ALGR 5
l CASE CLOSED - OSCAR DEMIRANDA l
i b
ALLEGATION MANAGEMENT SYSTEM ALLEGATION NUMBER - RII-93-A-0096 RUN DATE: 07/28/95 l
DOCKET / FACILITY / UNIT:
/ BROWNS FER '
/ STONE & WEBSTER
/3 DOCKET / FACILITY / UNIT: 05000296 / BROWNS FEk.
3
/3 DOCKET / FACILITY / UNIT:
/
/
DOCKET / FACILITY / UNIT:
/
/
ACTIVITY TYPtS - REACTOR MATERIAL LI",ENSES -
FUNCTIONAL AREAS -
CONSTR'JCTION
[7 L.
DESCRIPTION - DOL COMPLAINT DISCRIMINATION INVOLVING FIRE WATCH CONCERNS.
TECH ISSUES WERE INSPECTED IN RII-93-A-0031.
CONCERNS -
\\
1 3
SOURCE - CONTRACTOR EMPLOYEE CONFIDENT - N0 E
RECEIVED - 930525 BY - 0. DEMIRANDA
/ R2 ACTION OFFICE CONTACT - M. LESSER RESPONSIBLE PGM 0FFICE - R VIOLATION SECTION 210 ALLEGED - YES STATUS - CLOSED SCHED COMPLETION - 950730 DATE CLOSED - 950728 ALLEGATION SUBSTANTIATED - NO ALLEGER NOTIFIED - YES y
01 ACTION - YES 01 REPORT NUMBER 93-030 REMARKS - THE ARP MET ON 5/27/93. ACTION:DRP/RPB4 RESIDENT INSPECT LETTER DATED J/17/94 W/AER SENT TO ALLEGER. THIS ALLEG WAS NOT FFBSTANTIATED. 01 CONDUCTED INVEST INTO DISCRIM WHICH WAS NOT SUBSTANT. DOL AD & ALJ ALSO FOUND NO DISCRIM.
CLOSURE LTR SENT TO ALGR 7/28/95 - CASE C' J5ED - NO FURTHER ACTION PEQUIRED. TECH ISSUES WERE ADDRESSED IN RII-93-A-003]
6 I
KW: DOL dEICSl LCA:07/28/95; LETTER AP: NO FURTHER ACTION REQUIRED.
IR: 93-07
/,
DRP/RPB4 _ CARP 5/27/93l r
ENTERED SYSTEM - 930527 CLOSED SYSTEM - 950728 RECORD CHANGED - 950728 6,,
L E
W
A 1
July 28, 1995 INDEI OF CONCERNS BROWNS FERRY RII-93-A-0096 LNO.
DESCRIPTION LOCATION 1/1 DOL DISCRIMINATION COMPLAINT Date:_/_/_
Page:
para:
A_CTIsLN: OI INVESTIGATE flQSURE: OI CASE NO. 2-93-030 CLOSED. OI closed this case finding that SWEC did not discriminate against a alleger for engaging in protected activity.
By memo dated December 22, 1994, the Office of Enforcement (OE) informed the Regional Administrator that a review of the case indicated that enforcement action was not warranted.
It is my view that this case should be closed without further action.
I have also enclosed a letter to the licensee that transmits the OI report synopsis and advises the licensee that we plan no action.
If you do not have =_different view regarding closure, we will close the case.
2/
Date:_/_/_
Page:
para:
ACTION:
CLOSURE:
3/
Date:_/_/_
Page:
para:
ACTION:
CLOS _URE:
4/
Date:_/_/_
Page:
para:
ACTION:
QkOSURE:
h
44/
W V
/
4 A ( ATB)
From:
e T.
olandf To:
_ b ljw2 Date:
Friday, September 8, 1995 4:49 pm Subject
-Harrison DOL' Case Lesser stopped. by on Friday to talk the Harrison three-week meeting.
. He indicated that NRR/ Williams could not support September 21 either.
DPP respresentation would be Merschoff and
' Sparks.
He doesn't seem pleased about the date - I indicated that OE tried to work around everyone's schedule with OGC being the primary problem.
Also, he asked about the panel information.
I had already given him the SOL decision and indicated a. summary of the decisions and' background (like we did for Hobby) would be forthcoming.
- Linda, you might want to touch base with him.
Also, he was interested in
.the Harrison's technical issues - allegation 93-31 and 93-36 were not in the file.
d i
1 1
l
{
.m t