ML20210T487

Forwards OI Rept 2-96-036 Re Whistleblower Complaint. Investigation Initiated on 960926 to Determine If Gaballa Had Been Subjected to Adverse Employment Actions or Hostile Work Environ Due to Identification of Deficiencies

ML20210T487
Person / Time
Site:	Brunswick
Issue date:	09/05/1997
From:	Uryc B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Kaplan R LABOR, DEPT. OF
Shared Package
ML20210T489	List: ML20210T487 ML20210T496
References
NUDOCS 9709150152
Download: ML20210T487 (3)

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NUCLEAR REGULATORY COMMISSION REGloN 11 5 $ ATLANTA FEDERAL CENTER

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September 5, 1997 The Honorable Robert D. Kaplan U. S. Department of Labor Office of Administrative Law Judges 2600 Hount Ephram Avenue Camden, New Jersey 08104

SUBJECT:

DEPARTMENT OF LABOR (DOL) CASE NO. 96 ERA 00043 -

MAGED F. GABALLA V, CAROLINA POWER AND LIGHT COMPANY

Dear Judge K'aplan:

This letter is in reference to the subject whistleblower complaint which is currently under review by your office. The complaint was received by DOL Wage and Hour Division, Raleigh, North Carolina on June 21, 1996. Subsequently, on September 4,1996, the District Director issued the results of the compliance action in the case finding no evidence that the actions taken against Mr. Gaballa were motivated by his protected activities. As you are aware, Mr. Gaballa appealed the District Director decision.- According to correspondence received from your office, the hearings in the case have been continued pending a potential settlement agreement by the parties.

In light of the ongoing D0L efforts in the case, we would like to inform you as well as the other parties involved in the D0L proceedings of recent NRC investigative findings related to Mr Gaballa's complaint. Specifically, as a result of a complaint received by the Nuclear Regulatory Commission (NRC)

Office of Inspector General on behalf-of Mr. Gaballa, the NRC Office of Investigations (01), Atlanta Field Office, initiated an investigation-on September 26, 1996, to determine if Mr. Gaballa had been subjected to adverse employment actions or a hostile work environment due to his identification of .

deficiencies in the equipment qualification program. 01 completed its i investigation on May 29.-1997, and concluded that the allegation of discrimination was unsubstantiated. A redacted copy of the 01 report is enclosed.

The results of NRC investigative findings are being provided for your information. Should you have any questions regarding the report, please contact me at 404 562 4422.

Sinc ly,  !

L Bunopf'yc, Director nfor(ement and Invest gations

Enclosure:

OI Report No. 2-96 036 '

cc w/ encl: (See Page 2)

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O PDR

R. Kaplan 2 cc w/ enc 1:

Haged F. Gaballa .

532 East Mill Creek Wilmington, NC 28401 David K. Colapinto. Esq.

Kohn, Kohn & Colapinto 517 Florida Avenue, N.W.

Washington, D.C. -20001 1850

• Carolina Power & Light Company ATTN: Mr. C. S. Hinnant Vice President l Brunswick Steam Electric Plant

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P, 0. Box 10429 Southport, NC 28461 Rosemay G Kenyon i

Associate General Counsel Legal Department

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P, 0. Box 1551 Raleigh, NC 27602 1551 Administrator Employment Standards Administration Wage & Hour Division U.S. Department of Labor Room S 3502, FPB 200 Constitution Avenue, N,W, Washington, DC 20210 Deputy Associate Solicitor Division of Fair Labor Standards Office of the Solicitor U.S, Department of Labor Room N 2716 200 Constitution Avenue, N.W.

Washington, D.C. 20210 Teresa D. Helnyk Assistant District Director U.S. Department of Labor Employment Standards Administration Wage & Hour Division ..

4407 Bland Road Suite 260 i Raleigh, NC 27609 i

R. Kaplan 3-

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Distribution w/o enc 1:..

J. Lieberman, OE H. Stein, OE

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J. Johnson, RII H. Shymlock, RII B. Urye, RII -

C. Evans, RII W.- McNulty. - RII f,~w I

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