ML20246B857
| ML20246B857 | |
| Person / Time | |
|---|---|
| Issue date: | 04/27/1989 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Tappan D DANIEL INTERNATIONAL CORP. (SUBS. OF FLUOR CORP.) |
| References | |
| NUDOCS 8905090191 | |
| Download: ML20246B857 (6) | |
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April 27, 1989 Mr. David Tappan Chairman of the Board Chief Executive Officer Daniel International 3333 Michelson Drive Irvine, California 92730
Dear Mr. Tappan:
The enclosure was sent to all licensees of operating reactors, applicants for operating licenses and holders of construction permits regarding Department of. Labor settlements. The information contained in that-letter may also be pertinent to your dealings with your employees. There can be no question that public health and safety require that employees be free to raise sofety issues to their management or the NRC.
You should examine your current and previous agreements to assure that restrictive clauses are not present.
If restrictive clauses are found, you should promptly inform the employee or former employee that the restriction should be disregarded, that he or she may freely come to NRC at any time without fear of any form of retribution, and that such a restriction will not be enforced.
Please notify us no later than July 31, 1989, if any such clauses have been identified. Your response should be provided to the NRC Vendor Inspection Branch.
Sincerely,
, Jr Executive Direct r for Operations
Enclosure:
Letter to Licensees re 00L Settlements DISTRIBUTION:
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SUBJECT:
NOTIFICATION OF THE NRC 0F EMPLOYEES' POTENTIAL SAFETY ISSUES The purpose of this letter is to reemphasize to licensees their responsibilities to assure that they, and their contractors and subcontractors permit their employees to contact, withcut restrictions, the NRC with concerns about potential safety issues.
In particular, this letter notifies licensees that it is not acceptable to include in settlement agreements for discrimination matters arising under Section 210 of the Energy Reorganization Act of 1974, as amended, or in any labor agreements or other agreement affecting compensation tern.s, conditions and privileges of employment, any restrictions on employees or former employees providing information to any mernbers of the NRC including the staff, inspectors, investigators, Administrative Law Judges, Boards, or the Commission.
Information Notice 84-08 (February 14,1984) reminded licensees that the public health and safety requires that employees be free to raise safety issues to licensee management and to the NRC.
Failure to permit employees to do so violates 10 CFR 50.7 regarding " Employee Protection" and may subject licensees to significant enforcement action by the NRC.
In addition to NRC action, employees who have been discriminated against for raising safety issues have the right to file complaints with the Department of Labor pursuant to Section 210 of the Energy Reorganization Act of 1974, as j
amended, for the purpose of remedying the harm caused by the discrimination.
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Following the filing of a complaint, the Department of Labor performs an investigation.
If either the employee or the employer is not satisfied with the outcome of the investigation, a hearing can be held before an Administrative j
Law Judge with review by the Secretary of Labor.
In many cases, the employee and the employer reach settlement of the issues
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raised in the DOL proceeding before completion of the formal process and a finding by the Secretary of Labor. NRC supports settlements as they provide remedies to employees without the need for litigation.
Settlement agreements in Section 210 proceedings are matters within the jurisdiction of the Department of Labor.
Licensees and their contractors must not include clauses in these settlements which in any way restrict the ability of employees to provide l
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, information about potential safety issues to NRC.
Examples of restrictive clauses include but are not limited to prohibiting or in any way limiting an employee, or an attorney for such employee, from coming to and providing safety information to an NRC staff member.
Licensees should examine their current and previous agreements to assure that restrictive clauses are not present.
If restrictive clauses are found, licensees should promptly inform the employee or former employee that the restriction should be disregarded, that he or she may freely come to NRC at any time without fear of any fonn of retribution, and that such a restriction will not be enforced.
Please notify us no later than July 31, 1989 if any such restrictive clauses have been identified. Your response should be provided to your licensing contact in headquarters.
This request for information was approved by the Office of Management and Budget under clearance number 3150-0011 which expires December 31, 1989.
Comments on burden and duplication may be directed to the Office of Management and Budget, Reports Management Room 3208, New Executive Office Building, Washington, D.C.
20503.
Questions concerning this letter should be directed to the Ofrector of the Office of Enforcement.
Sincerely, Victor Stello, Jr.
Executive Director for Operations I
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l Mr. James Neal Blue Chairman General Atomics P. O. Box 85608 San Diego, California 92138 Mr. Robert E. Howsom Chairman of the Board and Chief Executive Officer McDermott International, Inc.
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P. O. Box 9308 900 Long Ridge Road Stamford, Connecticut 06904 Mr. John F. Welch, Jr.
Chairman of the Board and Chief Executive Officer General Electric Company 3135 Easton Turnpike Fairfield, Connecticut 06431 Mr. John C. Marous Chairman of the Board and Chief Executive Officer Westinghouse Electric Corporation Westinghouse Building i
Gateway Center l
Pittsburgh, Pennsylvania 15222 Mr. Robert N. Collins President and Chief Operations Officer C. F. Braun and Company 1000 South Fremont Avenue Alhambra, California 91802 Mr. Robert Marshall President and Chief Executive Ebasco Services Inc.
Two World Trade Center New York, New York 10048 Mr. Kenneth A. Roe Chairman of the Board Chief Executive Officer Burns & Roe, Inc.
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Mr. John H. Robinson Managing Partner Black & Veatch P. O. Box 8405 Kansas City, Missouri 64114 Mr. Charles T. Davidson Chairman of the Board Chief Executive Officer J. A. Jones Construction Company One S. Executive Park Charlotte, North Carolina 28231 Mr. Frank W. Ries Chainnan of the Board Stone & Webster Engineering Corporation P. O. Box 2325 Boston, Massachusetts 02107 Mr. H. Allen Franklin President and Chief Executive Officer Southern Company Services, Inc.
P. O. Box 2625 Birmingham, Alabama 35202 Mr. Alexander F. Smith, III President and Chairman of the Board Gilbert / Commonwealth Companies 525 Lancaster Avenue Reading, Pennsylvania 19603 Mr. E. V. Abraham Senior Partner Sargent & Lundy Engineer 55 East Mor. roe Street Chicago, Illinois 60605 Mr. Thomas L. Phillips Chairman of the Board Chief Executive Officer Raytheon Corporation 141 Spring Street Lexington, Massachusetts 02173 Mr. Thomas H. Cruikshank President and Chief Executive Officer Halliburton Company 3600 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 Mr. Stephen D. Bechtel, Jr.
Chairman and Director Bechtel Power Corporation 50 Beale Street San Francisco, California 94105
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l Mr. David Tappan l
Chairman of the Board Chief Executive Officer Daniel International 3333 Michelson Drive Irvine, California 92730 1
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