ML20207L445
| ML20207L445 | |
| Person / Time | |
|---|---|
| Issue date: | 08/18/1986 |
| From: | Mcdermott J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Connelly S NRC OFFICE OF INSPECTOR & AUDITOR (OIA) |
| Shared Package | |
| ML20207L144 | List: |
| References | |
| FOIA-86-796 NUDOCS 8701120171 | |
| Download: ML20207L445 (2) | |
Text
..
t
@ w.m.- w M
m3 Ef C
[',, UNITED STATES 8 a NUCLEAR REGULATORY COMMISSION
's l wassincrou. o. c. 23sss
~% * " * * / AUG 181986
~
MEMORANDUM FOR: Sharon R. Connelly, Director Office of Inspector and Auditor FROM: James M. McDermott, Director Division of Organization and Personnel Office of Administration
SUBJECT:
YOUR GRIEVANCE DATED AUGUST 10, 1986 NRC Chapter 4157, paragraph 033 states that the Director, Division of Organ-ization and Personnel "provides final interpretations regarding the intent and applicability of this Chapter and Appendix." Since your grievance raises a question regarding the intent and applicability of Chapter 4157 I am the appropriate official to respond to your grievance.
The essence of your grievance is the allegation that Commissioner Asselstine has " launched an unwarranted malicious personal attack on [you]" through public statements he has made about you. As a remedy for the grievance you ask (a) that Commissioner Asselstine cease these attacks on you; (b) that Commissioner Asselstine provide a statement (as you describe) to the Subcom-mittee on Interior and Insular Affairs; (c) that the Commission refer Commis-stoner AsselFine's conduct in this matter to the Public Integrity Section of the Department of Justice; (d) that Commissioner Asselstine provide you a copy of an accounting of all disclosures of information made by him or his staff; and (e) reimbursement for attorneys fees incurred in pursuing the grievance.
An employee does not have a grievance, as defined in NRC Chapter 4157, paragraph 041, unless (s)he states a request for " personal relief. " NRC Chapter 4157, paragraph 042 defines " personal relief" as:
l A specific remedy directly benefiting the grievant (s) which management has the power to grant; With respect to your request that Commissioner Asselstine cease these "at-I tacks" against you, NRC is without authority to control the comments or statements made by a Commissioner about another Agency official. Thus, if Comraissioner Asselstine wishes to continue expressing his views with respect l to your conduct or performance, the Commission cannot prevent him from do-l 8701120171 870108 PDR FOIA PDR AIROZOG6-796 '
.0
. . . ._ _ ,. __ .--. _ - _ . . _ . . _ _ . _ _ _- . ____ m .-- _ _ _ _ _
l s'
ing so. 1 Similarly, with respect to your request that Commissioner Asselstine ] provide a statement to the Subcommittee and an accounting to you of his disclosures of information, he cannot be compelled by NRC to do so.
Since these requests for remedy are beyond the power of NRC management to grant, they are not " personal relief" as defined by Chapter 4157.
With respect to your request that the Commission refer Commissioner i
Asselstine's conduct to the Department of Justice, this too is not the type of
- personal relief employees may seek under Chapter 4157. Paragraph 042 of Chapter 4157 further provides that a request for remedial relief
- may not include a request for disciplinary action to be taken against another employee, nor may it include a request for other action affecting '
l another employee if such actics. sould not directly benefit the grievant. (emphasis supplied).
See also 5 C.F.R. S 771.202. A request by a grievant that the Commission Wer the conduct of another agency official to the Department of Justice is a ;
request for agency action against another employee; such referral would have j no direct bearing on the employment of the employee. Accordingly, this re- l quested remedy does not constitute " personal relief," as defined.
Finally, I have been advised by counsel that there is no legal authority which would permit the Agency to reimburse you for legal fees incurred in pursuing this grievance.
For the reasons described, your grievance is rejected.
i 1
ames M. McDermott /
l 1/ In this regard, I direct your attention to section 201(e) of the Energy
- Reorganization Act of 1974 which provides that members of the Commis-sion may be removed by the President. Moreover, the statute authoriz-ing federal agencies to take disciplinary action against employees is not applicable to employees whose appointment is made by and with the ad-vice and consent of the Senate, as is the case with NRC Commissioners.
See 5 U.S.C. S 7511(b)(1).
I
_ _ _ - _ ~ _ . . _ . _ . _ . _ _ _ . _ _ . . _ . . - _ - _ _ _ _ . - - - . - . . _ _ _ _ _ _ _ _ _ _ . , _ _ _ . -
. _ _ _ , _ . - . . . - -