ML20198N381

Notice of Violation from Investigation on 970923.Violation Noted:In Dec 1992 & Jan 1993,Construction Products Research, Inc & Five Star Products,Inc,Discriminated Against EP Holub, as Result of Engaging in Protected Activities

ML20198N381
Person / Time
Issue date:	01/16/1998
From:	NRC (Affiliation Not Assigned)
To:
Shared Package
ML20198N367	List: ML20198N363 ML20198N381
References
REF-QA-99901252, REF-QA-99901253 EA-97-471, NUDOCS 9801210040
Download: ML20198N381 (3)

Text

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NOTICE OF VIOLATION

! Construction Products Research, Inc. Docket No. 999-01253

! Five Star Products, Inc. ' EA 97 471 l Fairfield, Connecticut

' As a resuN of the Nunlear Regulatory Commission (NRC) staffs rzview of the NRC Office of j investigations report of investigation, which was completed on September 23,1997, a violation of NRC requirements was identified in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Ac4ns," NUREG 1600, the violation is listed below: )

i 10 C.F.R. 50.7, in part, prohibits discrimination by a contractor or subcontractor of a l

Comm selon licensee or applicant against an employee for engaging in certain protected lj i- activities. Discrimination includes discharge or other actions relating to the _

g compensation, terms, conditions and privileges of employment. Protected activities are -  !

2' described in Section 211 of the Energy Reorganization Act of 1974, as amended, and in  ;

) general relate to the administration or enforcement of a requirement imposed under the l Atomic Energy Act or the Energy Reorganization Act, j J

Contrary to the above, in December 1992 and January 1993, Construction Products  !

Research, Inc. (CPR), and Five Star Products, Inc. (Five Star), a subcontractor and a j

!- contractor to Commission licensees, respectively, through the actions of the president I and vice president of CPR, and the president and vice president of Five Star,  !

discriminated against Mr. Edward P. Holub, former Director of Research of CPR, as a j result of his having engaged in protected activities. The protected activities included Mr.  !

Holub raising safety concems to the NRC regarding the quality of testing products CPR l

and Five Star supplied to nuclear power plants, and cooperating with the NRC in j connection with its investigation of CPR and Fiva Star, Between December 22,1992 l and January 22,1993, CPR and Five Star

(1) placed Mr. Holub on an involuntary leave  !

status; (2) instructed other employees of CPR and Five Star not to discuss the ongoing  ;

E NRC investigation of CPR and Five Star with him; (3) denied him access to his office and  ;

other facilities in the companies; and (4) terminated him from employment. CPR and '

Five Star committed these acts in retaliation for Mr. Holub's engaging in protected j r activities.

This is a Severity Level i violation (Supplement Vil). [

Pursuant to the provisions of 10 CFR 2.201, CPR and Five Star, a subcontractor and contractor j

[ to Commission licensees, respectively, are hereby required to submit a written statement or i

explanation to the U.S. Nuclear Regulatory Commission, ATTN

Document Control Desk, ,

. Washington, D.C. 20555 with a copy to the Chief, Special inspection Branch, Division of Inspection and Support Programs, Office of Nuclear Reactor Regulation. The reply must be  ;

cleatty marked as a " Reply to a Notice of Violation" and should include: (1) the reason for the  ;

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violation, or if contested, the basis for disputing the violation; (2) the corrective steps that have  !

been taken and the results achieved; (3) the corrective steps that will be_taken to avoid further  !

violations; (4) the date when full compliance will be achieved; and (5) a statement as to why the l'

NRC should have confidence that your employees, to the extent that they are engaged in

' licensed activities, are free to raise safety concems to their employer or to the NRC, without fear  :

of retaliation. _Your response may reference or incluso previous docketed correspondence, if the '

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Notice of Violation correspondence adequately addresses the required response. If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be  ;

issued as to why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time.

Under the authority of Section 161(c) of the Atomic Energy Act,42 U.S.C. 2201(c), the response shall be submitted under oath or affirmation.

Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. However, if you find it necessary to include such information, you should clearly indicate the upecific information that you desire not to be placed in the PDR, and provide the legal basis to support your request for withholding the information from the public.

Datop at Rockville, Maryland this/l;%sy of January 1998 N

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SYNDPSIS j

The U.S. Nuclear Regulatory Comission (NRC), Region I, Office of Investigations (01), initiated this investigation on June 21, 1993, to determine if the Director of Research of Construction Products Research. Inc.

(CPR)/Five Star Products. Inc. (Five Star), was terminated for raising safety concerns to the NRC regarding the quality of testing of Five Star products.

This case was placed in a pending status from April 1994 to April 1997 awaitin the outcome of protracted subpoena enforcement litigation between the princip 1s of CPR/Five Star and the federal government.

Based upon the evidence developed during the OI and Department of Labor investigations, it is concluded that CPR and five Star, and their respective presidents, discriminated against the Director of Research, h

NOT FOR PUBLIC OISCLOSURE WITHOUT APPROVAL OF FIELD OFFICE DIRECTOR, OFFICE OF INVESTI(MTIONS Case No. 1 93 027R 1

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