ML20246L430

Forwards Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $20,000,based on GE Discrimination Against Employee Raising Safety Concerns

ML20246L430
Person / Time
Site:	07001113
Issue date:	03/13/1989
From:	Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Lees E GENERAL ELECTRIC CO.
Shared Package
ML20246L433	List: ML20246L430 ML20246L444
References
EA-88-302, NUDOCS 8903240175
Download: ML20246L430 (3)

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o,, UNITED STATES 8- o NUCLEAR REGULATORY COMMISSION q j WASHINGTON. D. C. 20555 g " * ,/ I UMt13 g  ;

Docket No. 70-1113 License No. SNM-1097 l EA 88-302 l General Electric Company ATTN: Mr. Eugene A. Lees, General Manager Nuclear Fuel and Component Manufacturing Depurtment Post Office Box 780 Wilmington, North Carolica 28402 l 1

Gentlemen:

SUBJECT:

NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY ,

l Vera M. English, a former employee at General Electric Company's Wilmington facility, filed a complaint with the Department of Labor on August 24, 1984, and an amended complaint on August 27, 1984, alleging discriminatory discharge under Section 210 of the Energy Reorganization Act of 1974 (ERA). - Following an investigation of her allegations, the Administrator of the Wage and Hour Division of the Department of Labor concluded that GE had discriminated against Ms. English in violation of the ERA. The case was referred to an Administrative Law Judge (ALJ) when both Ms. English and GE appealed the Administrator's decision.

Following a hearing, the ALJ issued a Occision and Order on August 1, 1985, (Case 85-ERA-002) finding, among other things, that GE discriminated against Ms. English for engaging in protected activities by dismissing her from the Chemet Lab. Subsequent reviews and decisions by the Secretary of Labor and the U.S. Court of Appeals have addresseo questions of timeliness of filing the complaint with D0L and of whether or not a continuing violation of the ERA has been established, but did not address the ALJ finding that discrimination occurred.

Although the Court of Appeals remanded the case to the Secretary of Labor to consider Ms. English's claim of discrimination by retaliatory harassment while l she was in the warehouse, there will now not be a final decision from the i Secretary of Labor on the merits of tha ALJ's decision concerning Ms. English's dismissal from the Chemet Lab. Therefore, the issue is now appropriate for NRC to consider. An Enforcement Conference is not being held in this matter in light of the opportunities General Electric has had to respond to a 1987 Petition submitted on behalf of Vera English pursuant to 10 CFR 2.206 and the information that General Electric has provided to the Department of Labor.

After reviewing the ALJ decision, the NRC staff has determined that a violation of the Commission's regulations in 10 CFR 70.7 occurred in that Ms. English was removed from the Chemet Lab as a result of her initiation of and participation in NRC proceedings under the Atomic Energy Act regarding Chemet Lab safety concerns. Beginning in 1982 and continuing into 1984, Ms. English reported

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General Electric Company i safety concerns to GE management and the NRC. On a number of occasions she raised with her management concerns relating to contamination that she was j finding in the Chemet Lab. She reported that this contamination was being lef t by the workers on previous' shifts and that she was having to clean it up for them. On March 16, 1984,-Ms. English did not clean up contamination in the lab but instead reported it to her supervisor. As a result of raising '

concerns with her management and the NRC, Ms. English was removed from her job in the Chemet Lab and barred from further work in controlled areas and subsequently terminated on July 30, 1984. The licensee failed to investigate why other employees had not cleaned up the contamination and no other employees were disciplined for the failure to clean up spills reported by Ms. English.

Acts of discrimination against an employee who raises safety concerns or who communicates with the NRC will not be tolerated. To emphasize this, I am l

issuing the enclosed Notice of Violation and Proposed Imposition of Civil Penalty in the amount of Twenty Thousand Dollars ($20,000) for the violation-described in the enclosed Notice. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, ,

(1984) which was the Policy in effect at the time of the violation (Enforcement Policy}, the violation has been categorized as a Severity Level 11 violation.

A civil penalty of $20,000, the base civil penalty for a Severity Level II violation at the time the discrimination occurred, is being proposed.- The '

violation is categorized at a Severity Level II because plant management was involved in the discrimination decision. The escalation and mitigation factors in the Enforcement Policy were considered and no adjustment has been deemed appropriate. This enforcement action does not consider whether Ms. English was subject to discrimination while working in a warehouse following her removal from the Chemet Lab. The DOL still has that issue before it. The staff will consider that matter following 00L's decision. '

You are required to respond to this letter and the enclosed Notice and should follow the instructions specified in the enclosed Notice when preparing your response. In your response, you should document.the specific actions taken and any additional actions you plan to prevent recurrence. After reviewing your response to this Notice, including your proposed corrective actions and the results of future inspections, the NRC will determine whether further NRC enforcement action is necessary to ensure cortpliance with NRC regulatory requirements.

In addition, a Director's Decision is being issued today concerning the 1987 Petition submitted on behalf of Vera English. A copy is enclosed.

In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federpl Regulations, a copy of this letter and its enclosures will be placed in the NRC Public Document Room.

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0 General Electric Cocipariy -

0-The responses directed by this letter and the enclosed liotice are not subject to the clearance procedures of the OTiice of I'.anagement and Budget as required by the Paperwork Reduction Act of 1980, FL 96-5611.

Sincerely, y' W Hu h L. Thompso Jr.

De y Executive Dir r for  !

Nuclear Materials Safety, Safeguards, I dnd Operations Support ]

Enclosure:

l 1. Notice of Violation and Proposed l Imposition of Civil Penalty

2. Director's Decision l

General Electric Company l cc w/ encl: -

T. Preston Winslow, Manager Licensing and Nuclear Materials Management State of florth Carolina Generhi Electrit. Comphny Anthony Z. Roismar Suite 600 1401 New York Ave., NW Washington, D.C. 20005 1

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