ML20214E635

Intervenor Exhibit I-ROREM-11,consisting of Discussing Results of Compliance Actions Re WO Puckett Vs Comstock Engineering,Inc.Notification within 5 Days Requested If Formal Hearing Desired

ML20214E635
Person / Time
Site:	Braidwood
Issue date:	05/07/1986
From:	New D ENERGY, DEPT. OF
To:	Trumble T COMSTOCK ENGINEERING, INC.
References
OL-I-ROREM-011, OL-I-ROREM-11, NUDOCS 8705220176
Download: ML20214E635 (2)

Text

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/,c * * ' "",y3 U.S. Departrnent of Labor Employment Standards Administration Wsge and Hout Division

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230 South

Dearborn,

Room 412 Chicago, Illinois 60604

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Telephone: 312/353-8145*87 15 22 P6 :48 N

November 6, 1984 i

Reply to the Attention of:

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Mr. T. Trumble Corporate Administrator Comstock Engineering, Inc.

912 Fort Duquesne Blvd.

Pittsburgh, PA 15222 Re: Worley 0. Puckett Ys.

Dear Mr. Trumble:

This letter is to notify you of the results of our compiiance actions in the above i

case. As you know Worley 0.' Puckett filed a complaint with the Secretary of Labor under the Energy Reorganization Act on September 11, 1984. A copy of the complaint.

l 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 conciliate the matter revealed that the parties would not at that time reach a mutually agreeable settlement. An investigation was then conducted.

Based on our investigation, the weight of evidence to date indicates that Worley 0.

Puckett was a protected employee 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 follow-ing disclosures were persuasive in this determination:

l.

With regard to the examinations Mr. Puckett had been said to fail, no chjective criteria had been developed to determine the minimum successful score for a Level III inspector.

2.

The mistakes or errors committed by Mr. Puckett are subject to dispute and not of sufficient magnitude to justify his dismissal in so brief a period of employment.

This letter will notify you that the following actions are required to abate the i

violation and provide appropriate relief:

1 1.

Reinstatement of Mr. Puckett to the Level III Q.C. inspector position or a mutually acceptable monetary award.

2.

Payment of wages lost to Mr. Puckett for the period from his dismissal to date.

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Payment of relocation and temporary living costs for Mr. Puckett's move to Illinois and return to Ohio (and return to Illinois if reinstated), under the terms of Comstock's relocation policy.

This letter will also notify you that if you wish to $ppeal the above findings and i

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 to:

e 8705220176 860507

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ADOCK 05000456 PDR

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. Mr. T. Trumble Corporate Administrator 4

i The Chief Administrative Law Judge U.S. Department of Labor Suite 700, Vanguard Building Illi - 20th Street, N.W.

Washington, D.C.

20036 Unless a telegram ' request is received by the Chief Administrative Law Judge within the five-day period, this notice of determination and remedial action will become the final order of the Secretary of sbor. By copy of this letter I am advising Worley

0. Puckett of the determination 6nd 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 Worley 0. Puckett and to me at 230 South

Dearborn Street; Chicago,

Illinois 60604; (312) 353-8145. 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 If there is a hearing, parties an opportunity to present evidence for the record., de at said hearing, and an Order of the Secretary shall be based upon the record ma shall either provide appropriate relief or deny the complaint.

incerely,

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Daniel P. New i

Area Director OpN:Im cc: /Mr.Worley0.puckett Nuclear Regulatory Commission j.

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