ML20205C730
| ML20205C730 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 01/22/1997 |
| From: | Demiranda O NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Huddleston G AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20205B966 | List:
|
| References | |
| FOIA-99-76 NUDOCS 9904010347 | |
| Download: ML20205C730 (2) | |
Text
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e an arcoS UNITED STATES
.p o,4 NUCLEAR REGULATORY COMMISSION REGION 11 101 MARIETTA STREET, N.W., SUITE 2900 rn j
ATLANTA. GEORGIA 303234199
( +... +,#
January 22. 1997 Mr. George Huddleston Attorney at Law 5133 Selkirk Drive Birmingham, AL 35242
SUBJECT:
RII-96-A-0038 - DISCRIMINA. TORY EMPLOYMENT PRACTICES
Dear Mr.Huddleston:
This refers to our letter of October 2.1996, in which you were advised that we were reviewing Mr. Douglas Harrison's complaint regarding discriminatory employment practices against Stone & Webster. Engineering Corporation at the Browns Ferry Nuclear Plant. On September 27. 1996, the DOL Administrative Review Board issued his " Order Of Dismissal." This completes the DOL actions in this case.
Enclosed for your. information is the synopsis of the Nuclear Regulatory Commission's Office of Investigations completed report regarding alleged discrimination against the Tennessee Valley Authority.
01 determined that there was insufficient evidence to substantiate the allegation of discrimination. We plan no further action with regard to this matter. We appreciate your cooperation in this matter.
Sincerely.
,J<nd d<.
Oscar DeMiranda Senior Allegation Coordinator Enforcement and Investigation Coordination Staff
Enclosure:
OI Report 2-96-008 M
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i V Certified Mail No. Z 238 504 397 l t (O i['
RETURN RECEIPT REQUESTED l
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9904010347 990324 U)
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SYNOPSIS This investigation was initiated b'y the Nuclear Regulatory Commission (NRC),
Office of Investigations (01), Region 11, on March 18,1996, to determine whether the Stone and Webster Engineering Corporation (SWEC) illegally discriminated against an ironworker formerly employed by SWEC at the Browns Ferry Nuclear Plant (BFN) operated by the Tennessee Valley Authority (TVA), an NRC licensee.
A complaint to the Department of Labor (DOL) Wage and Hour Division was filed on behalf of the complainant / alleger on February 23,1996. The complaint alleged
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that since being laid off by SWEC after raising concerns about fire watch procedures in 1993, he was not rehired by SWEC during several work callbacks at BFN,t spite being trained and at least as qualified as the ironworkers who were recalled. It was alleged that the failure to rehire him was an act of retaliation and ongoing discrimination by SWEC.
The complaint was investigated by the DOL Wage and Hour Division which issued an investigative finding that SWEC presented clear and convincing evidence the company did not discriminate against the complainant. The finding in favor of SWEC was appealed by the alleger and the matter was assigned to a DOL Administrative Law Judge for adjudication. Prior to the formal ALJ hearing, both parties submitted a mutual, voluntary stipulation of dismissal of the complaint, with prejudice. The stipulation was accepted by DOL and the complaint was ordered dismissed on September 27,1996.
An investigation of the discrimination complaint was also conducted by the TVA Office of the inspector General (TVA/OlG). The TVA/OlG investigation determined that there was insufficient evidence to conclude that SWEC had not rehired the alleger at BFN since 1993 in retaliation for his expression of a safety concern.
Based on the evidence and documentation reviewed by 01, the allegation that SWEC illegally discriminated against the alleger was not substantiated.
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l Case No. 2-96-008 1
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