ML20236M351
| ML20236M351 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 11/09/1987 |
| From: | Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Gallagher J PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| References | |
| NUDOCS 8711130100 | |
| Download: ML20236M351 (20) | |
Text
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09 NOV 1987 i
Docket Nos.
50-277 50-278 4
License Nos. OPR-44
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DPR ' l 1
Philadelphia Electric Company q
ATTN:
Mr. J. W.~ Gallagher j
Vice President q
Nuclear Operations q
2301 Market Street i
Philadelphia, Pennsylvania 19101 l
i Gentlemen:
1 i
Sinre July 1983, the U.S. Department of Labor's (DOL) Wage and Hour Divisjon,in Wilkes-Darre, Pennsylvania has. received five complaints from an individual who had been empibyed by contractors performing work for Philadelphia Gectric 1
Company (PECO) at yoor Peach Bottom facility. The employee, Mr. Wi Allan Young, has charged that his employment was terminated and subsequent re-employment at; j
Peach Bottom blocked because he brought safety concerns to the attention of.NRC j
i inspectors.
l 1
In response to each of these complaints, the Wage and Hour Div'ision conducted investigations, and in letters dated August 10, 1983, September 13, 1984, j
December 22, 1986, July 13, 1987 and' October 1, 1987 (Copies enclosed), the.
l Area Director of the Wage and Hour Division found that (1) the evidence obtained during each of these five investigations indicated that Mr. Young was engaged in a protected activity within the ambit of the Energy Reorganization Act; and that (2) discrimination as defined and prohibited by the statute was a factor in the actions which comprised his complaints.
Although the first two cases have been settled an'd withdrawn respectively, and the subsequent three cases are being handled as part of the 00L appeal process, the NRC is concerned that in each case, a violation of the employee protection provision set forth in 10 CFR 50.7 may have occurred, and that the actions taken against Mr. Young may have had a chilling effect on other licensee or l
contractor personnel.
These issues are of particular concern to the NRC in light of a $50,000 civil penalty issued to PECO cn February 9,1987 for I
discriminatory action against a contractor Health Physics Technician for engaging in a protected activity.
Therefore, you are requested to provide this office, within 30 days of the date of this letter, a response which:
1.
Provides the basis for the employment action regarding Mr. Young in l
each of these five cases-and includes a: copy of any investigation.
j report you have regarding the circumstances of each case; and 0FFICIAL RECORD COPY SCHOLL/ DOL COMPLAINS /PB - 0001.0.0 NN@o[g bo 77 11/05/87 PDR-l P
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Describes the actions, if any, taken or planned to assure that these employment actions do not have a chilling effect in discouraging other licensee or contractor employees from raising perceived safety concerns.
I After reviewing your response, the NRC will determine whether enforcemen.,.
1
. action is necessary to ensure compliance with regulatory requirements.
j I
In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, i
Title 10, Code of Federal Regulations, a copy of this letter will be placed in j
the NRC Public Document Room.
The response requested by this letter.is not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork
]
Reduction Act of 1980, PL 96-511.
Sincerely, i
i Original Signed By
]
C L' ' ' T. F"'CLL William T. Russell
)
Regional Administrator
Enclosures:
As Stated 1
cc:
Dickinson M. Smith, Manager, Peach Botum Atomic Power Station John S. Kemper, Senior Vice President, Engineering and Production Thomas S. Shaw, Jr., Vice President, Production Troy 8. Cor.ner, Jr., Esquire W. H. Hirst, Director, Joint Generation Projects Department, Atlantic Electric G. Leitch, Nuclear Generation Manager Eugene J. Bradley, Esquire, Assistant General Counsel (Without Report)
Raymond L. Hovis, Esquire Thomas Magette, Power Plant Siting, Nuclear Evaluations W. M. Alden, Engineer in Charge, Licensing Section Doris Poulsen, Secretary of Harford County Council Public Document Room (PDR)
Local Public Document Room (LPOR)
Nuclear Safety Information Center (NSIC)
NRC Resident Inspector Commonwealth of Pennsylvania W. Allan Young-0FFICIAL RECORD COPY SCHOLL/00L COMPLAINS /PB - 0002.0.0 11/05/87
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Philadelphia' Electric Company 3
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.j Region I Docket Roorn (with concurrences)
Management Assistant, DRMA (w/o' encl)
Section Chief, DRP Robert J. Bores, DRSS j
J. Taylor, DEDO W. Parler, OGC T. Murley, NRR/DONRR W. Russell, RI J. Allan, RI J. Gutierrez, RI
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D. Holody, RI J. Lieberman, OE J. Goldberg, OGC F. Miraglia, NRR RI:E0 RI:DRP RI:DRP RI:DRP RI:DRP RI:RC
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- See previous concurrences 0FFICIAL RECORD COPY SCHOLL/D0L COMPLAINS /PB - 0003.0.0 11/05/87
r Philadelphia Electric Company 3
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Region I Docket Room (with concurrences)
Management Assistant, DRMA (w/o enc 1)
Section Chief, DRP Robert J. Bores, DRSS J. Taylor, DEDO i
W. Parler, OGC I
T. Murley, NRR/DONRR W. Russell, RI
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J. Lieberman, OE J. Goldberg, OGC j
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U.S. Department of Labor Employment StafEards Administration g*+t
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Wage and Hour Omsson W
3329 Penn Place 20 N. Pennsylvania Ave.
I.,
Wilkes-Barre, PA 18701 (717) 826-6316'
'i ni ;.ly to the Attertion of:
CERTIFIED MAIL P# 440 746 929' l
l October 1, 1987
]
Mr. J.D. McGoldrick l
Manager Claims-Security Division Philadelphia Electric Company 2301 Market Street
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PO Box 8699 Philadelphia, PA 19101
Dear Mr. McGoldrick:
j i
l This letter is to notify you of th'e results of our carpliance actions in the l
above case. As you know W. AHan Young filed a couplaint with the Secretary i
of Labor under the Energy Reorganization Act on November 4,1985. A copy l
of the complaint, a copy of Regulations, 29 CFR Part 24, and a copy of the pertinent section of the statute were furnished to you in a previous letter l
from this office.
I Our initial efforts to conciliate the matter revealed that tue parties would J
not at that time reach a nutually agreeable settlement. An investigation was then conducted. Based on our investigation, the weight of evidence to date
]
indicates that W. Allan Young was a protected employee engaging in a protected j
I activity within the ambit of the Energy Reorganization Act, and that discrimination as defined and prohibited by the statute was a factor in the action which comprise his complaint. The following disclosures were persuasive in this determination:
The complainant, W. Allan Young, was denied access to your Delta, PA work-site based in part on his past history of reporting conditions which he believed could lead to or cause violations of Nuclear Regulatory Commission regulations or unnecessary exposure to radiation.
~
This letter will notify you that the following actions are required to abate the violation determined to exist under the Energy Reorganization Act of 1974, as amended, and to provide approg late relief thereunder:
1.
Refraining from taking any actions which prevent Mr. Young fran engaging in any activities protected by the law.
l
i Page -
t 2.
Reinstatencnt of Mr. Young to his employment status as it existed prior to being denied access to the worksite, with back pay and compensatory damages from the point of violation to the conclusion of work performance by' the sub contractor, E.H. Hinds.
3.
Payment to Mr. Young of all costs and expenses including attorney's fees reasonably incurred by him in connection with the bringing of his complaint.
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4.
Expunging from all records of Philadelphia Electric Company and E.H. Hinds
)
any references or indications characterizing Mr. Young's action or behavior
{
as being inappropriate in this matter.
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)
This letter will also notify you that if you wish to appeal the above findings and remedy, you have a right to a formal hearing on the record. To exercise i
this right you nust, within five (5) calendar days of receipt of this letter, file your request for a hearing by telegram to:
The Chief Idninistrative Law Judge U.S. Department of Lab 3r Suite 700, Vanguard Building 1111-20th Street, NW Washington, DC 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 becute the final order of the Secretary of Labor. By copy of this letter I am advising W. Allan Young of the determination and right-to a hearing. A copy of this letter and the complaint.have also been sent to the Chief Aininistrative Law Judge. If you decide to request a hearing it will be necessary to send copies of the telegram to W. Allan Young and to me at 3329 Penn Place, 20 N. Pennsylvania Ave., Wilkes-Barre, PA 18701, (717) 826-6316. 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 s
l 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 the hearing. The Department would be 1
neutral in such a hearing which is simply part of the fact-development process,
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and only allows the parties an vpecn unity to present evidence for the record.
If there is a hearing, an Order of the Secretary shall be based upon the record made at said hea-ing, and shall either provide appropriate relief 6r deny the cmplaint.
(
Sincerely, 1
MICHAEL J. COICORAN Area Director l
_-________________a
Page ~.. :
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CC: W. Allan Young 642 R. Water,S,t.
Middletown, PA 17057 CERTIFIED MAIL P# ' 440 746 930, IEIUR4. RECEIPT REQUESTED p631ParkAve.,..
forcement & Investigation Staff (NBC).
King of Prussia, PA.19406 CERPIFIED MAIL P# 440 746 931,' IEIUR4 REtuW REOUESTED The Chief Administrative Law Judge :
U.S. Department of Labor-Suite.700, Vanguard Building 1111-20th St., NW Washington,.DC 20036i I
(w/ copy of cmplaint).
CERTIFIED MAIL P#-440 746 932, RETUEN RECEIFT REQUESTED
^d James Cowden, Esquire 1
132 State' Street l
Harristurg, PA 17107
- F CERTIFIED MAIL P# 440 746 933, REIUR4 R8tud REQUESTED i
Environmental Protection Agency J
' Middle Atlantic Region-6th and Walnut Sts.
d j
Philadelphia, PA 19100 CERTFIED MAIL P# 440 746 934, IEIUIN RECEIPT REQUESTED Eugene J. Bradley, Esquire 1
Associate General Counsel Philadelpilia Electric Co. '
2301 Market Street.
Philadelphia, PA 19101
'j cra<nttu MAIL P# 440 746 935, RE7UIN RECEIPT REQUESTED a
Troy B. Conner'Jr., Esquire Conner and Witterhahn 6
Suite 1050, 1747 Pennsylvania Avenue N.W.
Washington, DC 20006 CERTIFED MAIL P# 440 746 928, RETUIN RECEIPT REQUESTED i
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U.S. Department of Labor Empicyinent blandards Administration Wa0e and Hour Division
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3329 Penn Place a
20 N. Pennsylvania Ave.
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Wilkes-Barre, PA 18701 (717.) 826-6316 I
m pt to the At crten of:
CERTIFIED MAIL P# 440 746 921-
/
RETIURN RECEIPT RFDJES'IED CX:tober 1,1987 E.H. Hinds 19 Coolidge Hill Rd.
Watertoan, MA 02172
Dear Sirs:
This letter is to notify you of the results of our empliance actions in the alrve case. As you know W. Allan Young filed a complaint with the i
Secretary of Labor under the Energy Reorganization Act on November 4,1985.
A copy of the cmplaint, a copy of Regulations, 29 CFR Part 24, and a copy of the pertinent section of the 1:tatute were furnished to you in a previous letter frm this office.
N Our initial efforts to conciliate the matter revealed that the parties would not at that time reach a mutually agreeable settlenent. An investigation
{
was then conducted. Based on our investigation, the weight of evidence to j
date indicates that W. Allan Young 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 action which cmprise his emplaint. The following disclosures were persuasive in this determination:
s
{
The complainant, W. Allan Young, was denied access to the Delta, PA work-site of Philadelphia Electric Company based in part on his past history l
of reporting conditions which he believed could lead to or cause violations of Nuclear Regulatory Commission regulations or unnecessary exposure to j
l radiation.
This letter will notify you that the following actions are required to abate the violation determined to exist under the Energy Reorganization Act of 1974, as amended, and to provide appropriate relief thereunder:
1.
Refraining frm taking any actions which prevent Mr. Young from engaging in any activities protected by the law.
2.
Reinstatement of Mr. Young to his employment status as it. existed prior to being denied access to the worksite, with backpay and compensatory damages frm the point of violation to the conclusion of work performance by the subcontractor, E.H. Hinds.
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3.
Payment to Mr. Young of all costs and expenses including attorney's fees reasonably incurred by him in connection with the bringing of his camplaint'. '
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I 4.
Expunging frcm all records of Philadelphia Electric Ccnpany and E.H.
f Hinds any references or indications characterizing Mr. Young's action or behavior as being inappropriate in this matter.
This letter will also notify you that if you wish to appeal the above findings and 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 ywr request for a hearing by telegram to:
The Chief Administrative Law Judge U.S. Department of Labor Suite 700, Vanguard Building 1111-20th Street, NW Washington, DC 20036 1
Unless a telegram request is received by the Chief Mninistrative Law Judge within the five day. period, this notice of determination and remedial action will beccme the final order of the Secretary of Labor. By copy of this t
letter I am advising W. Allan Young of the determination and right to a hearing. A copy of this letter and the complaint have also been sent to the Chief Adndnistrative Law Judge.
If you decide to request a hearing it will be necessary to send copies of the telegram to W. Allan Young and to me at 3329 Penn Place, 20 N. Pennsylvania Ave., Wilkes-Barre, PA 18701, (717) 826-6316. After I receive the copy of your request, appropriate preparations for the hearing can be made. If you have any questions do not nesitate to call m.
It should be made clear to all parties that the role of the Department of Later 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 parties an opportu:11ty to present evidence for the record. If there is a hearing, an order of the Secretary shall be based upon the record made at said hearing, and shall either provide appropriate relief or deny the complaint.
Sincerely, MICHAEL J. COFCORN4 Area Director 2
.i
~'
Page '
1 CC:
W. Allan Young 642 Water St.
Middletown, PA 17057 i
I CERTIFIED MAIL P# 440 746 _922, IEIUFN RECEIPT R%UESTED
/
Enforcement & Investigation Staff (NBC) 631 Park Ave King of Prussia, PA 19406 CERTIFIED. MAIL P# 440 746 923, FCIUFN RECEIPT REUJESTED The Chief Administrative Law ' Judge U.S. Departnent of Labor Suite 700, Vanguard Building 1111-20th St., NW i
Washington, DC 20036 CERTIFIED MAIL P# 440 746 924, REIUPN RECEIPT REGJESTED i
James Cowden, Esquire 132 State Street Harristurg, PA 17107 CERTIFIED MAIL P# 440 746 925, RE7UEN RECEIPT REQUESTED Environmental Protection Agency Middle Atlantic Region 6th and Walnut Sts.
Philadelphia, PA 19100 CERTIFIED MAIL P# 440 746 926, PEIUPN RECEIPT REVJESTED Eugene J. Bradley, Esquire Associate General Counsel Philadelphia Electric Co.
2301 Market Street Philadelphia, PA 19101 CERTIFIED MAIL P# 440 746 927, RETUIN RECEIPT REQUESTED Troy B. Conner Jr., Esquire Conner Wetterhahn Suite 1050, 1747 Pennsylvania Avenue N.W.
Washington, DC 20006 CERTIFIED MAIL P# 440 746 940, RE'IUPN RECEIPT REQUESTED Mr. J.D. McGoldrick Manager Claims-Security Division Philadelphia Electric Company 2301 Market Street PO Box 8699 Philadelphia, PA 19101 CERTIFIED MAIL P# 440 746 941, REIUIN RECEIPT REQUESTED x---
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- U.S. Departm:nt of Lab:r ~
Employme& standards Administration b'~P * " "' <,
. t1 Wage anc Hour Division
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3329 Penn' Place,.20 N.. Penna.' Ave. ;
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.Wilkes-Barre, PA.18701, 826 6316f
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l lcEN N N Nb*Y$$ h P# 440 746 983
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liETURy RECEIPT REQUESTED, j
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Julyn13, 1987
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.o a q/ /g, Mr. J.D. McGoldrick 3-43 @
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Manager 9
Claims-Security. Division I, F, t
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Ph$.ladelphia Electric Company ph 2301' Market Street t
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PO Box 8699 i}-}'(j(:
Philac?s1phia, PA -19101
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Allan Young vs Ph ladelphiajEh etric Company
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RE:
W.
Dear Mr. McGoldrick:
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v This letter is to notify you of the results of ourtcompliance-E actions-in the above case.
As you know W Allan Young.. filed j
a' complaint with4ths Secretary of'LaborIun(%er the Energy Re--
)
organization Ac.t on June /15, 1987.
A' cqpb sof the complaint, a copy of Regulations, 29 CFR Part 24,fand a copy cC th<e._
pertinent section.of the statute were; furnished to officialscof your Delta, PA office in a previous letter"from this office.
j Our initial efforts to conciliate < dhe/Itahter revealed that the 1
parties would not at that? time; reach krhdually agreeable '
N' settlement.
An investig'ation ' ns ' then conducted.
Based on our' investigation, the ' weight of? mdence to 'dat.e ' indicates that j
d W. Allan Young was a protected employee engagingfinta. protected H
activity within'the ambit of<the Energy Reorganization Act, and i
that discrimination as defined and prohibited;by $he' statute was a f actor -in the action, which compri'se his complaint.
The following disclosures were' persuasive in~this' determination:.
o The complainant, E A3i.an Young, was.deniedfaccess to your y
Delta, 'PA worksite baced in part on..his 'pasth% story of:
reporting conditions.which he believed could head to or cause violations of Nuclear' Regulatory Comnfhyton(regulations or unnecessary exposure to radiation; j%'
l This letter will notify you that the following n ich'ar;ere-quired to abate the violation determined to if.d apd?to provide xist'andar the Energy Reorganization'Act of.1974, as amenden appropriate reliefLthereunder:
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Refraining from taking any actions which preve d Mr.
Young from engaging in any activities protected by the law.
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Reinstatement of Mr.LYoung to-his position and duties as
'they existed prior <to being denied access to the'worksite with back pay and compensatory damages.-
3.
Payment to Mr. Young offall cost and~ expenses including attorney's fees reasonably incurred'by'him in connection with the bringing of.his complaint.
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~
4.
Expunging-frofu all records of Philadelphia' Electric Company' any' references or' indications characterizing Mr. Young's' action'or behavior as being' inappropriate in this matter.
This letter will also notify you that if you wish to appeal'to the above findings and remedy,' you have a right to a formal' hearind-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:
The Chief ' administrative Law Judge A
L (U.S. Department of Labor Suito4 700, Vanguard Building 7'
1111 - 20th Street, NW Washington, DC 20036, j
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.
l of Labor.
By copy of this letter I am advising.W.'Allan Young
- )
of the determination and right to a hearing.
A copy. of this:
(
letter and the complaint have also been sent to the Chisf;
-d Administrative Law Judge.. Iffyou decide to request'a h~ earing-it j
will be necessary to send copies.of the telegram.to W. Allan Young-1 and to me at 3329 Penn Place,120.N. Pennsylvania Ave., Wilkes-Barre, PA 18701, (717).826-6316..After,I: receive the copy of;the' request, appropriate preparations for the' hearing-can'be made..
j If you have any questions do not hesitate to call me, i
It should be made clear to all parties that therrole of the j
Department of Labor 1s not to represent the; parties in a hearing.
The Department would be neutral in suchia hearing which is simply-part of the fact-development process, and only allows the parties
)
an opportunity to present evidence for the' record.- If there'is j
a hearing, an order of the Secretary.shall be based upon the record made at said hearing, and shall either provide appropriate relief or dny the complaint.
i Sincerely, 1
b MICHAtL.J. CORCORAN Arei Director
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CERTIFIED MAIL P# 440~746 984 l CC:,.
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Middletown, EA~17057 j
. Enforcement'& Inves tigntior.Staf f, NRC 7
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rCERTIFIEDMAILP#4407469b5i 63~ Park Ave.
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v TheChiefAddinistrativeLawJudge l
U.S Department of L' abor Suite 700, Vangusrd' Building 111 - 2 0 th S t. ', NW -
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CERTIFIED MAIL P# 440 746 982, J Washington, DC 20036 s 4
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U.S. Departm:nt of Labor Emotovment siandards Adminctianon Warle and Hour Dmsson Office of the Area Director
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3329 Penn Place-4
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20 N. Pennsylvania Ave.
Wilkes-Barre, PA 18701 Rcply to the Attention of:
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l (CERTIFIED Mall #P440 746 820)
(
December 22, 1986
)
Mr. J. D. McGoldr ick Manager q
Claims-Security Division
' Philadelphia Electric Company 2301 Market Street 1
1' P0 Cox 8699 j
[
Philadelphia, PA 13101 k
Re: W. Allan Young.vs. Philadelphia Electric Company
Dear Mr'. McGoldrick:
This letter is to notify you of the results of our compliance actions in the above j
i As you know W. Allan Young filed a complaint with the Secretary of Labor case.
under the Energy Reorganization Act on November 14, 1986. A copy of the complaint, a copy of Regulations, 29 CFR Part 24, and a copy of the pertinent section of the statute were furnished to officials of your Delta, PA office in a previous letter from this office.
Our initial efforts to concillate 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 W. Allan Young was a protected employee engaging i'n 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 action which comprise his complaint.
The following disclosures were persuasive in thi's determinations The complainant, W. Allan Young, was denied access to your Delta. PA worksite based in part on his past history of reporting conditions which he believed could lead to or cause violations of Nuclear Regulatory Commiv ton regulations or unnecessary exposure to radiation.
This letter wil? notify you that the following actions are requi. red to abate the violation dete 7,ined to exist under the' Energy Reorganization Act of 1974, as amended, and to provide appropriate relief thereunder:
- 1. Refraining f rom tak!ng any actions which prevent Mr. Young f rom engaging in any activities prot cred by the law.
- 2. Reinstatement of My. Young to his position and duties as they existed prior to being denied access to the worksite with baqk pay-and compensatory damages, se d
- . ~,
- 3. Payment to Mr. Young of all costs and expenses including attorney's fees reasonably incurred by him in connection with the bringing of his complaint.
- 4. Expunging from all records of Philadelphia Electric Company any references or indications characterizing Mr. Young's action or behavior as being inappropriate in this matter.
This letter will also notify you that if you wish to appeal the above findings and 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:
The Chief Administrative Law Judge U.S. Department of Labor Suite 700, Vanguard Building 1111 - 20th Street, NW Washington, DC 20036 Unless a telegram req,uest 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 L' abor. By copy of this letter I am advising W. Allan Young of the determination ano right to a hearing. A copy of this letter and the complaint have also been sent to the Chief Administrative Law Judge. If yce decide to request a hearing it will be necessary to send copies of the telegram to
(
W. Allan Young and to me at 3329 Penn Place, 20 N. Pennsylvania Ave., Wilkes-Barre, PA 18701, (717) 826-6316.
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.
If should be made clear to all parties that the role of.the Department of Lator 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 parties an opportunity to present evidence for the record. If there is a hearing, an Order of the Secretary shall be based upon the record made at said hearing, and shall either provide appropriate relief or deny the complaint.
Sincerely, MICHAEL J. CORCORAN Area Director CC.
W. Allan Young 642 R Water St.
Middletown, PA 17057 (Certified Mail #P440 746 821) y/ nforcement & Investigation Staff (NRC)
E 631 Park Ave King of Prussia, PA 19406 (Certified Mail P440 746 822)
The Chief Administrative Law Judge U.S. Department of Labor Suite 700, Vanguard Bldg.
1111 20th St., NV kashington, DC 20036 (Certified Mail #P440 746 823) c.
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.U.S. Departmsnt cf Libor -
Emp!oyment StandaMs Administration
/p ft i o' w,
' Wage and Hour Division.
Office-of the: Area. Director
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3329 Penn Place
'20 N.' Pennsylvania Ave.
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Wilkes-Barre, PA 18701 Ncpfy}to$e ihnt cn ofi I
6 CERTIFIED (1 AIL RETURN RECEIPT REQUESTED #622 699 272
' September 13, 1984 l
'Mr.' Don Sordahl The Great Atlantic & Pacific Pipe Welding -
'f Project Manager ~
J and Construction Company, Inc.
f C/0 Philadelphia Electric Co.
1 Main Street l
Delta, PA 17314-Re: W. Allan Young. vs. Great Atlantic & Pacific Pipe Welding l.
and Construction Company, Inc.
Dear Mr. Sordahl:
This letter is to. notify you of the results of our compliance actions in the above As you know W. Allan Young filed a complaint with the Secretary of Labor under case.
the Energy Reorganization Act of 1974, as amended and the Comprehensive Environmental Response, Compensation and Liability Act of 1980 on August 16,"1984.
A copy of the complaint, a copy of Regulations 29 CFR.Part 24~, and a copy of the nertinent 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 i
that time reach a mutually agreeable settit ent. An ' investigation was then conducted.
Based on our investigation, the weight _of e idence to date. indicates that W. Allan Young was a~ protected employee engaging in a protected activity.withinL the 'ambit of the Energy' Reorganization Act of 1974, as. amended, and that discrimination as defined and prohibited by the statute was a factor in the actions which comprise his complaint.
The following disclosures were persuasive _ in'.this detennination:
The complainant was discharged from> his employment as General Foreman on July.19,
~
1984, soon after reporting to his employer _ and to the~ on site ALARA administrator, conditions which he believes could lead to or cause violations ~ of Nuclear Regulatory Commission regulations or unnecessary exposure to radiation.
-A review of the evidence indicates that Mr.-Young'was discharged during 1983-from employment by a ' contractor at the Philadelphia - Electric Comoany. nuclear po'wer plant, Peach Bottom, _ PA., and filed a complaint under the Energy Reorganization 'Act'of 1974, as amended, and 'the matter was ultimately 1 settled between the parties. L Mr. Young :
was hired by the Great Atlantic and Pacific, Pipe Welding and Construction Company, Inc.
(GAPC0), on May 7,1984, and an interview with you at. the GAFC0 office indicated GAPC0
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had no knowledge of the action or disposition thereof at the time of Mr. Young's rehire for employment at the Peach Bottom power plant.
Further, no evidence was j
forthcoming to indicate that at the time of tir. Young's discharqe, GAPC0 did in i
fact discharge Mr. Youno 'for reason that he had previously filed a complaint. The j
interviews do substantiate that between the date or rehire of Mr. Young at the site on May 7, 1984 and his discharge on July 19, 1984, GAPC0 did become aware of Mr.
l Young's previous action.
We cannot conclude from our investigation that Mr. Youna was discharged or ordered off the Peach Bottom site as a result of the previous action.
Our investigation did not verify that Mr. Young was a protected employee engaged in a protected activity within the ambit of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 for the following reason:
No evidence was obtained that the complainant had provided infonnation concerning hazardous substances released into the environment or cleanup of inactive hazardous waste disposa-1 sites, or had been discriminated against or fired because of such activity.
l This letter will notify you that the following actions are required to abate the violation determined to exist under the Energy Reorganization Act of 1974, as amended, and to provide appropriate relief thereunder:
- 1. Refraining from taking any actions which prevent Mr. Young from engaaing in any activities protected by the law.
- 2. Reinstatement of Mr. Young to his position and duties as they existed prior to July 19, 1984.
- 3. Payment to Mr. Young of wages computed at ihis regular rate of pay for his normal workweek, for the period since July 19, 1984, less any earnings of Mr.
Young in this period.
- 4. Payment to Mr. Young of all costs and expenses including attorney's fees reasonably incurred by him in connection with the bringing of his complaint.
- 5. Expunging from all records of GAPC0 any references or indications characterizing Mr. Young's actions or behavior as being inappropriate in this matter.
This letter will also notify you that if you wish to appeal the above findinas and 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:
The Chief Administrative Law Judge U.S. Department of Labor Suite 700, Vanguard Building
)
1111 - 20th Street, NW
- Washington, DC 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 Labor.
By copy of this. letter I am advising'W. Allan Young of the determination and right to a hearing. A copy of this letter I,
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.__________U
1 and the complaint have also been sent to the Chief Administrative Law Judge.
If i
you decide to request a hearing it will be necessary to send copies of the telegram to W. Allan Young and to me at 3329 Penn Place, 20 N. Pennsylvania Ave., Wilkes-Barre, PA 18701, telephone number (717) 826-6316.
After I receive the copy of j
your request, appropriate preparations for the hearing can be made.
If you have j
any questions do not hesitate to call me.
1 i
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 parties an opportunity to present evidence for the record.
If there is a hearing, an Order of the Secretary shall be based upon the record made at said hearing, and shall either provide appropriate relief or deny the complaint.
Sincerely, l
MICHAEL J. CORCORAN Area Director cc:
W. Allan Young CERTIFIED MAIL RETURN RECEIPT REQUESTED #622 699 267 642 R. Water Street Middletown, PA 17057 James L. Goldsmith, Esquire -CERTIFIED MAIL RETURN RECEIPT RE00ESTED #622 699 263
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Caldwell, Clouser & Kearns 1
112-114 N. 2nd Street, PO Box 1164 Harrisburg, PA 17108 nforcement & Investigation Staff-CERTIFIED MAIL RETURN RECEIPT REQUESTED #622 699 Nuclear Regulatory Commission 269 631 Park Ave King of Prussia, PA 19406 Environmental Protection Agency-CERTIFIED MAIL RETURN RECEIPT REQUESTED'#622 699 270 Middle Atlantic Region l
6th and Walnut Streets Philadelphia, PA 19100 Chief Administrative Law Judge-CERTIFIED MAIL RETURN RECEIPT REQUESTED #622 699 271 U.S. Department of Labor Suite 700, Vanguard Buildine' 1
1111 - 20th Street, NW Washington, DC 20036 (w/ attachment - original complaint) 4 l
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Off' ice of the Area Director IU.h 3329 Penn Place k '.' d i 20 N. Pennsylvania Ave.
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Wil kes -P,arre, PA 18701' l
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CERTIFlED MAIL RETURN RECEIPT REOUESTED zP34'4902194 1
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August 10, 1983 1
l Mr. Frank W. Hake President
-l Frank W. Hake, Inc.
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1500 Chester Pike
)
Eddystone, PA 19013
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Re:
-W. Allan Yeung vs. Frank.W. Hake, Inc.
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Dear Mr. Hake:
1 This letter is tc notify you of the results of our compliance actions in~ the above case. As you ir.c. W. Allan Young filed a complaint with the Secretary of Labor 1
under the Ener:y P.sorgcnization Act on July :12,1983. A copy of the complaint, a.
j copy of Regulations, 29 CFR Part 24, and a copy of the pertinent section of the
'l statute were furnished in a previous letter from this office.
i Our initial efforts to conciliate the matter revealed that the parties would not s
at that time reach a mutually agreeable settlement.
An investigation was then I
conducted.
Based on our investigation, the weight of evidence to date indicates that W. Allan Young was a protected employee engaging in a protected. activity within l
the ambit of the Energy Reorganization Act, and that discrimination as defined and prohibited by the statute was a factor in the action which comprise his complaint.
l The following disclosures were persuasive in this determination:
W. Allan Young had been employed prior to June 10, 1983 as a welder.. In his position as a welder at the Peachbottom Nuclear Power Plant site he advised l
l his superiors about protective shielding procedures which were allegedly.
l contrary to required safety standards.
On June 10, 1983 y Allan Young was terminated from his employment by the firm.
The investigation disclosed that Mr. Young's protected activitie! involvinq the Energy Reorganization Act were a motivating factor' with respect to the adverse action taken against him, as specified above.
I 1
This letter will notify you that the following actions are reouired to abate the -
violation and provide appropriate relief.
I
- 1. Reinstatement of Young to his position and duties as they existed prior to June 10, 1983 with back pay.
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' 2. The payment of all costs and. expenses (includina attorney's fees) reasonably ireurred by Mr. Young in connection with the U inging of his complaint.
I
- 3. Expunging from all Frank W. Hake, Inc, records and files any references characterizing Mr. Youngs actions or' behaviors as being inappropriate in this matter.
- 4. Refrain from taking any actions which prevent.Mr. Young-from engaging in activities protected by the law.
This letter will also. notify you that i.f you wish to appeal the above findings and 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:
The Chief Administrative Law Judge U.S. Department of Labor Suite 700, Vanguard Building 1111 - 20th Street, NW Washington, DC 20036 1
Unless a telegram request is received by the Chief Adminis+.rative Law Judge within j
the five-day period, this notice of determination and remedial action will become i
the final order of the Secretary of Labor.
By copy of this letter I am advising W. Allan Young of the determination and 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 recessary to send copies of the telegram to W. Allan Young and to me at 3329 Penn Place, 20 N. Pennsylvania Ave., Wilkes-Barre, PA 18701, (717) 826-6316. Af ter I receive the copy of your ' request, appropriate j
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.
Th& Department weald be neutral in such a l
hearing which is simply part of the fact-development process, and only allows the parties an opportunity to present evidence for the record.
If there is a hearing, an Order I
of the Secretary shall be based upon the record made at said hearing, and shall either provide appropriate relief or deny the complaint.
Sincerely,
.g MICHAEL J. CORCORAN Area Director James L. Goldsmith, Esquire Caldwell, Clouser &- Kearns cc:
W. Allan Young 112-114 N. Second St., PO Box 1164 642 R. Water Street Harrisburg, PA 17108 l
l Middletown, PA 17057 (CERTIFIED Mall #P34 4902192) 1 L
(CERTIFIED IMIL #P34 4902191)
/
V Enforcement & Investigation Staff Nuclear Reculatory Conmission 631 Park Ave.
King of Prussia, PA.19405 (CERTIFIED MAIL #P34 4902193) a A.
.