ML20244B812
| ML20244B812 | |
| Person / Time | |
|---|---|
| Site: | Zion File:ZionSolutions icon.png |
| Issue date: | 06/07/1989 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Reed C COMMONWEALTH EDISON CO. |
| References | |
| NUDOCS 8906130305 | |
| Download: ML20244B812 (4) | |
Text
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9c 0 ff June 7, 1989 Docket No. 50-295; 50-304 AMS No. RIII-89-A-0021 Commonwealth Edison Company ATTN: Mr. Cordell Reed Senior Vice President Post Office Box 767 Chicago, Illinois 60690 Gentlemen:
On March 23, 1989, the U. S. Department of Labor's Wage and Hour Division in Chicago, Illinois, received a complaint from a former employee of American Protective Services, a contractor at the Commonwealth Edison Company's Zion Nuc1 car Station. The former employee alleged that American Protective Services terminated his employment because he had raised safety concerns while performing his duties at the Zion Station.
In respot.:,e to that complaint, the Wage and Hour Division conducted an investigation, and in the enclosed letter dated May 26, 1989, the District Director of the Wage and Hour Division found that the evidence obtained during the Division's investigation indicated that the employee was engaged 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 comprised his complaint.
The NRC is concerned that a violation of the employee protection provisions set forth in.10 CFR 50.7 may have occurred and that the actions taken against the former employee may have had a chilling effect on other licensee or contractor personnel.
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 the former employee and includes a copy of any investigation reports you have regarding the circumstances of the action; and 2.
Describes the actions, if any, taken or planned to assure that this employment action does not have a chilling effect in discouraging other licensee or contractor employees from raising perceived safety concerns.
J After reviewing your response, the NRC will determine whether enforcement action l
is necessary at this time to ensure compliance with regulatory requirements.
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' Commonwealth Edison Company ~
.2 June'7, 1989 1.
In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10. Code of Federal Regulations, a copy of this letter will be placed in the NRC Public Document Room, The responsa requested by this letter is not subject to the clearance procedures o
l of the Office of Management and Budget as required by the Paperwork Reduction-l Act of 1980, Pub.-L. No.96-511.
Sincerely, s
n
.A.
Bert Dayis Regional Administrator
Enclosure:
As stated cc w/ enclosure':
T. J. Maimu, Vice President, PWR Operations T. Kovach, Nuclear-Licensing Manager T Joyce, Station Manager Chandu Patel, Project Manager, NRR DCD/DCB'(RIDS)
Licensing Fee Management Branch Resident Inspector, RIII Richard Hubbard J. W. McCaffrey, Chief, Public Utilities Division Mayor,' City of Zion bec w/ enclosure:
J. Taylor, DEDR J. Lieberman, OE L. Chandler, 0GC F. Miraglia, NRR k
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hj Employment Standards Administration l ?"' l,,; U.S. D3p rtm:nt cf Labor
. Wage end Hour Division 230 South Dearborn St.
h Room 412
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Chicago, Illinois 60604-1595 Telephone:~(312) 353-8145 l.
CERTIFIED MAIL i P 962 684 883 RETURN RECEIPT REQUESTED Reply to the Attention of:
May 26, 1989 Mr. Gregory S.'Folley l
l Winston & Strawn 35 W. Wacker Drive Chicago, ILL.
60601 RE: John Scott VS. American Protective Services
Dear Mr. Folley:
This letter is to notify you of the results of our compliance actions in the above case. Aa you know, Mr. John E. Scott filed a complaint with the Secretary'of Labor under the Energy Reorganization Act on 3-20-89.
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 you in a previous letter from this office.
Our initial efforts to conciliate the matter did not result in a mutually agreeabic settlement. A fact-finding investigation was then conducted.
Based upon our investigation, the weight of evidence to date indicates that John E. Scott was a protected employee engaging in a protected activity within the' scope 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 following information supported this determination.
The complainant was terminated soon after contacting the NRC regarding what' he considered to be an unsafe condition. The reason given for the termination was poor performance, yet Mr. Scott's performance evaluation was commendable prior to his filling the complaint.
This letter is notification to you that the following actions are required to remedy the violation:
Reinstatement in the desired job with compensation for wages lost since termination.
This letter is also notification to 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 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, D.C.
20036 Y W DI I
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Unless a telegram is received by the Chief Administrative Law Judge within the five-day period, this notification of findings and remedial
. action will become the final Order of the Secretary of Labor which must
'be implemented within 30 days. By copy of this letter, Mr. John E. Scott is being advised of the determination and the right to a hearing. A copy l
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 for you to send copics of the telegram to Mr. John E. Scott and to me at 230 South
Dearborn St.,
Room 412, Chicago, Illinois 60604-1595, Telephone number (312) 353-8145. Af ter I receive ~ the copy of your request, appropriate preparations for the hearing can be made. If you have questions, do not hesitate to call me.
It should be made clear to all parties that the U.S. Department of Labor does not represent any of the parties in a hearing. The Department is neutral in a hearing; the hearing allows the parties an opportunity to present their evidence for the record. The hearing is a new action and it will not be affected by the investigation findings.
If there is a hearing, an Order of the Secretary will be issued based upon the record made by the parties at the hearing and it will either provide for appropriate relief or dismiss the complaint.
- tngerely, b
~
Daniel P. New District Director cc:
Mr. John E. Scott NRC RS Chief Administrative Law Judge WH/RD ADM I
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