ML20237L599

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Emphasizes Importance of Preventing Unauthorized Disclosure of Dept of Labor Matls Re Section 210 of Energy Reorganization Act Employee Discrimination Cases
ML20237L599
Person / Time
Issue date: 02/25/1987
From: Beach A
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To: Grobe J, Holody D, Jenkins G
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
Shared Package
ML20237L241 List:
References
FOIA-87-450 NUDOCS 8708280171
Download: ML20237L599 (2)


Text

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MEMORANDUM FOR: D. Holody, Reaion I G. Jenkins, Reaion II J. Grobe, Reaion III D. Powers, Reaion IV A. Johnson, Reaion V FROM: A. Beach, Deputy Director Enforcement Staff, IE

SUBJECT:

UNAUTHORIZED DISCLOSURE OF 00L REPORTS The purpose of this memorandum is to emphasize the importance of preventino the unauthorized disclosure of Department of Labor (DOL) materials reaardina section 210 of the Eneroy Reorganization Act employee discrimination cases.

Throuah the principles of cooperation set out in the Memorandum of Understanding (MOU) between NRC and D01 and the workina arrangements implementing the MOU, D0L allows NRC officials to photocopy all section 210 gmployee discrimination case file material. This arrangement was made with the clear understanding

( that the case file material would not be reproduced or disclosed outside NRC without prior DOL approval. Strict observance of this condition is important if the NRC is to continue to have access to DOL investigative materials.

Issued decisions of the Secretary of Labor, DOL Administrative Law Judoes, and DOL Wace Hour Area Directors and records of open D0L hearinas are publicly available accuments. As such, these DOL documents are not subject to the non-disclosure condition. As a practical matter, the principal DOL documents subject to the non-disclosure condition are the DOL Compliance Officer's repcrts and case files.

To protect NRC access to DOL case files, enforcement coordinators, as the NPC points of contact with DOL, should:

1. Obtain a clear determination from the appropriate DCL official as to whether a document may be released whenever material is obtained from a DOL office
2. Conspicuously mark DOL material not cuthorized by DOL for release outside NRC as such, while within NRC. At a minimum the material should be marked as containino information obtained from the Department of Labor under a special arrangement with the NRC and that the information may not be reproduced or disclosed outside the

, NRC without prior DOL approval, by usino the enclosed cover sheet.

8708280171 FOIA 870825 PDR PDR GUILD 87-450

FE8 2 51987 Reaional Enforcement Coordinators  ;

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3. Coordinate any Freedom of Infonnation Act (FOIA) request directed i to the NRC involvina such material with the Headquarters Freedom of i

information and Privacy Branch which will refer the records to 00L l for the disclosure decision.

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4. Refer disclosure requests outside the FOIA process to the Director, l Enforcement Staff, IE, for coordination with DOL Waoe and Hour l Administrator.

1 Develop reaional procedures to implement these items.

5.

Questions reaardino DOL material and its release or distribution should be directed to the Director, Enforcement Staff. IE. Please let the Director. '

Enforcement Staff, know when the procedures have been issued and provide a copy to IE/ES.  !

/ # )LL A. Beach, Deputy Director Enforcement Staff Office of Inspection and Enforcement

Enclosure:

As Stated  !

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1 DOCUMENT COVER SHEET WARNING 1 THE ATTACHED DOCUMENT CONTAINS INFORMATION OBTAINED FROM THE DEPARTMENT OF LABOR UNDER A SPECIAL ARRANGEMENT WITH THE NRC.

THE INFORMATION MAY CONTAIN CONFIDENTIAL SOURCES AND MAY NOT BE REPRODUCED OR DISCLOSED OUTSIDE NRC WITHOUT PRIOR APPROVAL OF DIRECTOR, ENFORCEMENT STAFF.

The attachec documenti report has not been reviewed pursuant to 10 C.F.R l 2.790(a) exemptions nor has any exemot material been deleted. Do not disseminate nor discuss itst contents outside NRC.

Treat as " OFFICIAL USE ONLY" s

DATE:

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