ML20249C204
| ML20249C204 | |
| Person / Time | |
|---|---|
| Issue date: | 06/24/1998 |
| From: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Diaz N, Dicus G, Shirley Ann Jackson, Mcgaffifan E, The Chairman NRC COMMISSION (OCM) |
| References | |
| NUDOCS 9806260187 | |
| Download: ML20249C204 (6) | |
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4 UNITED STATES p
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NUCLEAR REGULATORY COMMISSION 2
WASHINGTON, D.C. 205f50001 s...../
June 24, 1998 l
l MEMORANDUM TO: Chairman Jackson Commissioner Dicus Commissioner Diaz Commissioner McGaffigan FROM:
L. Joseph Callan Executive Director f r perations
SUBJECT:
MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT OF LABOR in the SRM for SECY-96-096,
- DOL PROCESS RECOMMENDATIONS FROM THE REVIEW TEAM FOR PROTECTING ALLEGERS AGAINST RETALIATION," the staff was directed to review the current Memorandum of Understanding (MOU) with the Department of Labor (DOL) and make recommendations to revise the MOU to facilitate coordination and cooperation between the two agencies for the purpose of protecting nuclear industry employees who raise safety concerns with their employer or the NRC. A copy of the recently negotiated MOU and a letter to Secretary of Labor Alexis Herman is attached for your consideration.
The major modification to the previous MOU is DOL's commitment to p.vvide the NRC with quarterly reports on the status of their investigations. Further, the MOU has been revised to conform with the transfer in investigative responsibility from the Wage and Hour Division to the Occupational Safety on Health Administration (OSHA) within DOL.
It has taken longer to negotiate this MOU than was anticipated due to the changing of Secretaries at DOL, the delay in the transfer of the responsibility for investigation of discrimination and harassment complaints, and the priority within DOL of revising an inter-agency MOU. The staff was successfulin reaching an agreement with the DOL staff as indicated by the attached MOU.
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WASHINGTON. D. C. 20555 CHAIRMAN The Honorable Alexis Herman Secretary of Labor Washington, D.C. 20210
Dear Madam Secretary:
Since 1982, the Nuclear Regulatory Commission (NRC) and the Department of Labor (DOL) have had in place a Memorandum of Understanding (MOU) to facilitate coordination and cooperation concerning the employee protection provisions of then Section 210 (now Section 211) of the Energy Reorganization Act of 1974 (ERA). The MOU was implemented in order that our two agencies could coordinate effectively our effort to protect employees who raise safety concerns to their employers or to the NRC. Our' concern is that employees in the nuclear industry who raise nuclear safety concerns should not be subjected to discrimination, harassment, or intimidation from their employers for having done so. The NRC recognizes that nuclear industry employees have the requisite knowledge and operating experience such that they can provide valuable insight into identifying safety concems regarding NRC-licensed activities. As such, these employees provide a valuable service in protecting public health and
- safety, in a joint effort to strengthen and update the existing MOU, our respective staffs have recently negotiated a revised MOU.
I have signed the MOU and am sending it to you for your signature. I believe that this MOU will strengthen our abilities to protect nuclear industry employees who raise safety concems. I thank you and your staff for your cooperation in this matter.
Sincerely, Shirley Ann Jackson
Enclosure:
Memorandum of Understanding
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Memorandum of Understanding Between the Nuclear Regulatory Commission and Department of Labor 1.
PURPOSE The U.S. Nuclear Regulatory Commission (NRC) and the Department of Labor (DOL) enter into this agreement to facilitate coordination and cooperation concerning the employee protection provisions of Section 211 of the Energy Reorganization Act of 1974 (ERA), as amended,42 U.S.C. 5851.
2.
BACKGROUND Section 211 of the ERA prohibits any employer, including a Nuclear Regulatory Commission licensee, license applicant or a contractor or subcontractor of a Commission licensee or applicant, from discriminating against any employee with respect to his or her compensation, terms, conditions or privileges of employmcnt because the employee assisted or participated, or is about to assist or participate in any manner in any action to carry out the purposes of either the ERA or the Atomic Energy Act of 1954 (AEA), as amended,42 U.S.C 2011 el sec.
The NRC and DOL have complementary responsibilities in the area of employee protection.
DOL has the responsibility under Section 211 of the ERA to investigate employee complaints of discrimination and may, after an investigation or hearing, order a violator to take affirmative action to abate the violation, reinstate the complainant to his or her former position with back pay, and award compensatory damages, including attorney fees. NRC, although without authority to provide a remedy to an employee, has independent authority under the AEA to take appropriate enforcement action against Commission applicants and licensees and their contractors that violate the AEA or Commission requirements, (i.e.,10 CFR 50.7 and similar requirements in other parts of Title 10 of the Cooe of Federal Regulations) which prohibit discrimination against employees based on their engaging in protected activities. NRC enforcement action may include issuance of a Notice of Violation to the responsible applicant, licensee, contractor, and/or individual; imposition of a civil penalty; issuance of an order removing the responsible individual from licensed activities; and/or license denial, suspension, modification or revocation.
Although each agency will carry out its statutory responsibilities independently, the agencies agree that administrative efficiency and sound enforcement policies will be maximized by cooperation and the timely exchange of information in areas of mutual J
interest.
I 3.
AREAS OF COOPERATION a.
DOL agrees to promptly notify NRC of any complaint filed with DOL alleging discrimination within the scope of Section 211 of the ERA by a Commission licensee, applicant or a contractor or subcontractor of a Commission licensee or l
applicant. DOL will provide a quarterly listing of Section 211 complaints received.
DOL will promptly provide NRC a copy of all complaints, decisions made prior to a l
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s hearing, investigation reports, and orders associated with any hearing or administrative appeal on the complaint. DOL will also cooperate with the NRC and shall keep the NRC informed on the status of any judicial proceedings seeking review of an order of DOL's Administrative Review Board issued in a proceeding under Section 211 of the ERA.
b.
NRC and DOL agree to cooperate with each other to the fullest extent possible in every case of alleged discrimination involving employees of Commission licensees, license applicants, or contractors or subcontractors of Commission licensees or applicants. Each agency agrees to share allinformation it obtains concerning a particular complaint of discrimination and, to the extent permitted by law, will protect information identified as ser.sitive that has been supplied to it by the other agency. This cooperation does not require either agency to share information l
gathered during are investigation until the investigation is complete.
c.
For cases in which the NRC completes its investigation of a Section 211 complaint, and DOL's investigation is still ongoing, the NRC will provide the results of its i
I investigation to the appropriate Occupational Safety & Health Administration (OSHA) contact, subject to Department of Justice (DOJ) constraints on the timing of tt.e release of NRC investigation material. NRC will take all reasonable steps to assist DOL in obtaining access to licensed facilities and any necessary security clearances. Consistent with relevant statutes, NRC regulations, and the availability of NRC resources, the NRC will cooperate with DOL and make available information, agency positions, and agency witnesses as necessary to assist DOL in completing the adjudication record on complaints filed under Section 211.
d.
If the NRC receives a complaint concerning a possible violation of Section 211, it will inform the complainant that a personal remedy is available only through DOL and that the person must personally contact DOL in order to file a complaint. NRC will provide the complainant the local address and phone number of the OSHA office and advise the complainant that OSHA must receive the complaint within 180 days of the alleged discrimination.
e.
Tach agency shall designate and maintain points of contact within its headquarters and regional offices for purposes of implementation of the MOU. Matters affecting program and policy issues will be handled by the headquarters offices of the agencies.
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4.
IMPLEMENTATION 1
The NRC official responsible for implementation of this agreement is the Chairman of the NRC. The DOL official responsible for implementation of this agreement is the Secretary of Labor.
... s 3-5.
AMENDMENT AND TERMINATION This Agreement may be amended or modified upon written agreement by both parties to the Agreement. The Agreement may be terminated upon ninety (90) days written notico by either party.
6.
EFFECTIVE DATE This agreement is effective when signed by both parties.
Shirley Ann Jackson Chairman l
U.S. Nuclear Regulatory Commission Dated:
Alexis Herman Secretary of Labor U.S. Department of Labor Dated:
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