ML20216G263
| ML20216G263 | |
| Person / Time | |
|---|---|
| Issue date: | 03/23/1998 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Beach A, Miller H, Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| References | |
| NUDOCS 9804200162 | |
| Download: ML20216G263 (6) | |
Text
,
O]
p f" "'%,4 UNITED STATES Pbq!
- } NUCLEAR REGULATORY COMMISSION 2 WASHINGTON, D.C. 2066H001
.,g $ March 23, 1998 EGM 98-003 '
MEMORANDUM TO: Hubert J. Miller, Regional Administrator Region I Luis A. Reyes, Regional Administrator Region 11 l A. Bill Beach, Regional Administrator Region 111 Ellis W. Merschoff, Regional Administrator Region IV Roy Zimmerman, Associate Director for Projects, NRR Brian W. Sheron, Acting Associate Director for l Technical Review, NRR Elizabeth Q. Ten Eyck, Director, Division of Fuel Cycle Safety and Safeguards, NMSS .
Donald A. Cool, Director, Division of industrial and Medical Nuclear Safety, NMSS John T. Greeves Director, Division of Waste Management W.iSS FROM: James Liebemian, Director
{
Office of Enforcement .
SUBJECT:
ENFORCEMENT GUIDANCE MEMORANDUM - GUIDANCE ON THE l RELEASE OF 01 SYNOPSES IN DISCRIMINATION CASES {
Allegation Guidance Memorandum 98-01, dated January 27,1998, discusses the release of Office of Investigation (OI) synopses conceming investigations of discrimination to parties to Department of Labor (DOL) proceedings. The guidance states that once the Office of Enforcement (OE) has approved releasing the 01 findings to the parties to the DOL hearings, the responsible region or office will prepare the transmittal letters. In the interest of consistency, OE i has prepared a model letter to be sent to licensees, contractors or vendors when O!
investigations have either substantiated or not substantiated discrimination allegations and there are pending DOL proceedings on similar matters. Copies of the synopses of the O! reports are made available to the parties in the DOL proceedings and these parties are informed that the complete report may be requested under the Freedom of Information Act. A separate letter k !
f g l'l i t 1
- l l
7(3LR 'r !
9804200162 980323
- g tl i T l\
l l
Multiple Addressees need not be sent to the individual subject to the alleged discrimination since that person is copied on the licensee, contractor, or vendor letter.
Attachment:
As stated cc: L. Callan, EDO H. Thompson, DEDR A. Thadani, DEDE S. Collins, NRR J. Goldberg, OGC F. Gillespie, NRR B. Boger, NRR E. Adensam, NRR The Chairman The Commissioners SECY l
I i
l l
-[Date]
[ Licensee / Contractor / vendor]
[ Address]
SUEL1ECT: DEPARTMENT OF LABOR (DOL) CASE NO. [X] -
( [Name] v. [ Licensee / contractor / Vendor])
Dear [Name]:
On.[Date), the NRC's Office of Investigation (01) initiated an investigation )
~to determine if [Name(s)] was subject to [ Adverse Action] for [ Protected Activity]. The OI investigation, documented in 01 Report No. [X], was completed on [Date]. 01 concluded that there was [was not] sufficient evidence developed during the investigation to substantiate discrimination.
On [Date), the U.S. Department of Labor's (DOL) OSHA Division in [ Location]
received a complaint on a similar matter filed by [Name(s)], a former j employee (s) of [ Licensee / Contractor / vendor name(s)]. On [Date), the Assistant Area Director issued a decision in this case and concluded that
[ Conclusion]. [ Licensee /contNetor/ vendor or complainant] subsequently appealed the decision and action is pending before a DOL Administrative Law Judge. [If the strategy is to hold NRC's Enforcement Decision] The staff wili hold its judgement on whether or not enforcement sei,1an is warranted in this matter until after an adjudicatory decision by i DOL ALJ. [If the strategy is to go forward with a possible enforcement action] The staff is considering this matter for enforcement, which will be the subject of separate correspondence. i We are providing the parties involved in the DOL hearing the results of the OI ,
investigation. A copy of the synopsis of the OI report is enclosed. You should note that final NRC documents, including the final OI report, may be made available to the public under the Freedom of Information Act (FOIA) '
subject to redaction of information provided under FOIA. Requests under the F0IA should be made in accordance with 10 CFR 9.23, Requests for Records. -
i Should you have any questions regarding this letter, please feel free to ;
contact me at [ Phone Number].
Sincerely,,
{
l
)
[Name]
Enforcement and Investigations Coordination Staff
Enclosure:
Synopsis of OI Report No. [X]
cc w/ enc 1: [ Individual's Name]
[ Individual's Attorney, if known]
l 1
I l
l
O Distribution w/o enc 1:
J. Lieberman, OE J. Goldberg, OGC
[ Regional Counsel], R [X]
B. Summers,'OE Distribution w/ enc 1:
R [X] 00L File G:\ synopsis.mbs
6 March 23, 1998 Multiple Addressees DISTRIBUTION:
JLieberman, OE OE Staff Enforcement Coordinators Rl, Ril, Alli, RIV, NMSS EGM File Day File IV db ( ,7,*b N!g f"N\it ( Zn k }
{ 01l}sL T:>taoAI*A f !>
Gg gd D B*\h 1
l l
l i
YES /YhS) MStein JLieharman NO NO 3/di/98 3/7] /98 Doc Name: G:\SYNOPEGM.MHS l l
I l
1 l
I