ML20209C226
| ML20209C226 | |
| Person / Time | |
|---|---|
| Issue date: | 06/22/1983 |
| From: | Axelrad J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Jay Collins, James Keppler, Martin J, Murley T, James O'Reilly NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| Shared Package | |
| ML20209C229 | List: |
| References | |
| FOIA-86-183 NUDOCS 8307110705 | |
| Download: ML20209C226 (15) | |
Text
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION-fG f;
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EGM 83-0.2 MEMORANDUM FOR:
T. E. Murley, Re J. P. O'Reilly, gional Administrator, RI Regional Administrator, RII i
J. G. Keppler, Regional Administrator, RIII J. T. Collins, Regional Admin'istrator, RIV J.B. Martin,RegionalAdministratjr RV l
THRU:
Richard C. DeYoung, Directo h k#h3
, Office of Inspection and En rc FROM:
Jane A. Axelrad. Director Enfo~rcement Staff, IE
SUBJECT:
WORKING AP.RANGEMENTS FOR IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT OF LABOR On October 25, 1982, a Memorandum of Understanding (MOU) was signed by NRC and the Department of Labor to facilitate coordination and cooperation between the agencies in the processing of violations of the employee protection provisions of Section 210(a of the Energy Reorganization Act (Enclosure 1).
Subsequently, working arrangeme)nts were developed and points of contact were esta tha regional and headquarters levels for each agency (Enclosure 2).
The working arrangements establish certain connitments that must.be carried out by the regional contacts for the NRC.
The working arrangements provide that NR6 wtll refer complainants to DOL advise DOL of complaints received concerning employee discrimination, inform DOL of investigations that NRC is conducting into these matters, facilitate DOL's investigations by assisting in gaining access to NRC-licensed facilities, and decide whether NRC should conduct an independent investigation.
Once the NRC has received the Secretary of Labor's decision on facts uncovered during a DOL investigation, and if that decision determines that a violation of Section 210(a) occurred, the Region must detennine i
whether there has been a violation of NRC's rules.
Based on that determination, enforcement action should be pursued consistent with the NRC Enforcement Policy and should be coordinated with headquarters.
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' Jane A. Axelr d. Director Enforcement Staff, IE
Enclosures:
As stated
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JM 22 EsJ EGM 83-02 2
cc:
J.H. Sniezek, IE J. Lieberman, ELD D. Holody, RI M. Puckett, RII W. Schultz, RIII E. Johnson, RIV A. Johnson, RV E. Flack, IE J. Craig, IE G. Klingler, IE G. Barber, IE R. Rosano, IE
MEMORANDUM OF UNDERSTANDING SETWEEN NRC AND DEPARTMEMT OF i
r-PURPOSE
'he U. 5. Nuclear Regulatory Comission (NRC) and the Department of Labor (00L) inter into this agreement to facilitate coordination and cooperation concerning
- he employee protection provisions of Section 210 of the Energy Reorganization Act of 1974 (Reorganization Act), as amended, 42 U.S.C. 5851.
2.
SACKGROUND Section 210 of the Reorganization Act prohibits any employer, including a Nuclear Regulatory Comission licensee, applicant or a contractor or subcontractor of a Comission licensee or applicant, from dtscriminating against any employee with ecscact to his or her compensation, tems, conditions or privileges of employment
- ecause the employee assisted or participated, or is accut to assist or particioats in any manner in any action to carry out the purposes of either the Reorga'nization Act or the Atomic Energy Act of 1954 (Atemic Energy Act), as amended, 42 U.S.C.
2011 g _ sea,.
Tha NRC and 00L have complementary responsibilities in the area of employee 00L has the responsibility under Section 210 of the Reorganization protection.
Act to investigate, emoloyee comolaints of discrimination and may, after an
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investigation andshearing, order a violator to take affirmative action to acate
- ne violation, reinstate the complainant to his or her fonner position with NRC, though backpay, and award compensatory damages, including attorney fees.
without direct authority to provide a remedy to an employee, has independent authority under the Atomic Energy Act to take appropriate enforcement action 1
egainst Commission licensees that violate the Atomic Energy Act, the Reorgani-
- ation Act, or Consission requirements.
Enforcement ' action may include license denial, suspension or revocation or the imposition of civil penalties.
Although each agency will carry out its statutory responsibilities independently, the agencies agree that administrative efficiency and sound enf,orcement policies will be maximized by cooperation and the timely exchange of infonnation in areas of mutual interest.
2.
AREAS OF COOPERATION COL agrees to promptly notify NRC of any complaint filed with 00L alleging a.
discrimination within the meaning of Section 210 of ther Energy Reorganization 00L will promptly provide NRC a copy of the complaint, decisions and j
Act.
orders associated with the investigation and any hearing on the complaint.
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3 COL will also^ keep NRC 1:urrently infonned on the'st,atus of any judicial greceedings seeking revi,ew of an order of the Secretary of Labor issued pursuant to Section 210 of the Reorganization Act.
NRC and 00L agree to cooperate with each other to the fullest extent possible i
b.
in every case of alleged discrimination involving employees of Commission licensees,'a'p'plicants, or contractors or subcontractors of Ceautission lican-NRC will take all reasonable steps to assist 00L in sces or applicants.
obtaining access to l'icensed 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 pennttted by law, will protect the confidentiality of infonnation identified as sensitive that has been supplied to it by the other agency.
4 IMPL.m.ENTATION The NRC official responsible for implementation of this agreement is the Executive Director for Operations; the 00L official responsible for implemen-Working.
tation of this agreement is the Administrator, Wage and Hour Division.
level point of contacts shall be established and identified within 10 days after the effective date of this agreement for both headquarters and field ocerations.
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5.
AMEN 0 MENT AND TERMINATID C This Agreement may be amended or modified upon wM tten agreement by both parties to the Agreement."The Agreement may be tantinated upon ninety (90) days wMtten notice by either party.
6.
EntCTIVE DATE This agreeement is effective when signed by both parties.
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d William J. Oircks Exccutive Director i
for Operations I
Nuclear Regulatory Comission Dattd: July 29,1982 M
William M. Otter, Administrator Wage and Hour Division Depar. ment of Labor Datad:
Cetober 25, 1182
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Procedures for Implementing MOU between NRC and 00L
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I.
Background and Purpos_e_
the Executive Director for Operations of the Nuclear On July 29, 1982, Regulatory Commission signed the " Memorandum of Understanding Between NRC and Department of Labor." The A4ministrator of the Wage and Hour Division of the Department of Labor signed the document on October 25, The MOU set forth the responsibilities of the NRC and DOL in 1982.
protecting the rights of employees as specified in Section 210(a) of the Section 3 of the MOU pro-Energy Reorganization Act of 1974, as amended.
vides that the two agencies will "... cooperate with each other to the fullest extent possible in every case of alleged discrimination involving employees of Commission licensees, applicants, or contractors or subcon-tractors of Commission 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 If the NRC receives a complaint concerning a possible violation A.
of Section 210(a), it will refer the complainant to 00L and will promptly notify DOL to ensure that 00L is aware of the contplaint and The NRC will not to determine if DOL is investigating the incident.
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normally initiate an investigation of a complaint if DOL is conducting, or has completed, an investigation and found no violations.
(If00L concludes that a violation occurred, NRC may initiate an investigation where necessary to develop additional information for its. enforcement action).
DOL will notify the NRC of'the decision of the Administrator, Wage and Hour Division, at the conclusion of the investigation and of l
the results of the Secretary of Labor's review of that decision.
B.
If DOL receives a complaint concerning a possible violation of Section 210(a), it will promptly notify the NRC and inform the NRC of whether DOL intends to conduct an investigation into the matter.
If DOL does not j
intend to conduct an investigation, the NRC will consider whether to initiate its own investigation.
In cases where the individual and his j
employer reach an agreement, 00L will notify the NRC of such a settlement even though DOL will not conduct an investigation.
The NRC will facilitate 00L's investigations by taking all reasonable C.
steps to assist DOL in obtaining access to licensed facilities and any necessary security clearances.
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Each agency shall : designate, and maintain as current, points of D.
contact within its headquarters and regional offices for purposes of implementation of the MOU.
Matters affecting program and policy issues will be handled by the headquarters offices of the agencies.
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III. Enforcement 00L's enfo-cement actions are primarily directed at restoring A.
benefits or employment status unfairly denied an employee.
If 00L finds that no violations of Section 210(a) occurred, NRC normally will not initiate enforcement action.
If, however, 00L finds that a violation 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.
I The area or regional offices of each agency will no'rmally develop the B.
initial recommendations on enforcement action for their. agency and will forward them to headquarters for review.
If a violation does not involve an escalated enforcement action, an NRC regional office may issue a Notice of Violation without Headquarters concurrence.
f MRC POINTS OF CONTACT Jane Axelrad, Acting Director of Enforcement Headquarters:
492-4909 (FTS); (301) 492-4909 (Consercial)
(Maine, New Hampshire, Vemont, New York, Massachusetts, Region I Rhode Island, Connecticut, Pennsylvania, New Jersey, Delaware, Maryland)
Daniel Holody, Enforcement Specialist 488-1312 (FTS); (215) 337-5312 (Consnercial)
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(Virginia, West Virginia, Kentucky, Tennessee, North Carolina, Region II South Carolina, Georgia, Alabama, Mississippi, Florida)
John Puckett, Enforcement Specialist 242-5505 (FTS); (404) 221-5505 (Consnercial) e
2 Region III (Michigan,,0hio, Indiana, Illinois, Wisconsin, Minnesota, Iowa, Missouri)
A. Bert Davis, Deputy Regio'nal Administrator
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384-2681 (FTS); (312) 932-2681 (Connercial)
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Region IV (North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, Texas, New Mexico, Colorado, Utah, Wyoming, Idaho, Montana)
Thomas Westerman, Director of Enforcement 728-8100 (FTS); (817) 860-8100 (Connercial) i Region V (Arizona, California, Nevada, Oregon, Washington, Hawaii, Alaska)
Allen Johnson, Director of Enforcement 463-3739 (FTS); (415) 943-3739
00L POINTS OF CONTACT Headquarters:
James L. Valin, Assistant Administrator Wage and Hour Division 523-8353 (FTS); (202) 523-8353 (Connercial)
Region I (Maine, New Hampshire, Vennont, Massachusetts, Connecticut, Rhode Island)
William L. Smith Assistant Regional Administrator 223-0995 (FTS); (617) 223-0995 (Connercial)
Region II (New York, New Jersey) s Raymond G. Cordelli Assistant Regional Administrator 265-3348 (FTS); (212) 944-3348 (Commercial)
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Region III (Pennsylvania, Delaware, Maryland, Virginia, West Virginia)
John A. Craven Assistant Regional Administrator 596-1194 (FTS); (215) 596-5194 (Connercial)
Region IV (South Carolina, Georgia, Florida)
Richard Rotiinette Assistant Regional Administrator i
257-4801 (FTS); (404) 881-4801 (Connercial)
(Alabama, Mississippi, Tennessee, Kentucky, North Carolina)
Sterling B. Williams Assistant Regional Administrator 229-1301 (FTS); (205) 254-1301 (Connercial)
Region V (Minnesota, Wisconsin', Michigan, Ohio, Indiana, Illinois)
Richard A. McMahon Assistant Regional Administrator 353-8845 (FTS); (312) 353-8845 (Connercial)
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t Region VI (Louisiana, Arkansas, Oklahoma, Texas, New Mexico) i Alfred A. Ramsey Assistant Regional Mministrator 729-6891 (FTS); (214) 767-6891 (Connercial)
Region VII (Iowa, Missouri, Nebraska, Kansas) 4 M. J. Vallarreal Assistant Regional Mministrator 758-5386 (FTS); (816) 374-5386 (Connercial)
Region VIII (North Dakota South Dakota, Montana, Wyoming, Utah, Colorado)
Loren E. Gilbert t
Assistant Regional Mainistrator 327-4613 (FTS); (303) 837-4613 (Comercial) t Region IX (California, Nevada Arizona, Hawaii)
Herbert Goldstein Assistant Regional Mministrator 556-3592 (FTS); (415) 556-3592 (Connercial)
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4 Region X (Washington, Oregon, Idaho, Alaska)
Wilbur J. Olson Assistant Regional Mainistrator 399-1914 (FTS); (206) 442-1914 (Connercial) l I
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