[Federal Register Volume 63, Number 207 (Tuesday, October 27, 1998)]
[Notices]
[Pages 57324-57325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28743]
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NUCLEAR REGULATORY COMMISSION
Notice of Signing of a Revised Memorandum of Understanding
Between the NRC and the Department of Labor (DOL)
AGENCIES: Nuclear Regulatory Commission and the Department of Labor.
ACTION: Memorandum of Understanding Between the Nuclear Regulatory
Commission and the Department of Labor.
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SUMMARY: The Nuclear Regulatory Commission and the Department of Labor
entered into a revised Memorandum of Understanding (MOU), effective
September 9, 1998. The purpose of the MOU is to facilitate coordination
and cooperation concerning the employee protection provisions of
Section 211 of the Energy Reorganization Act of 1974, as amended, 42
U.S.C. 5851. Both agencies agree that administrative efficiency and
sound enforcement policies will be maximized by this cooperation and
the timely exchange of information in areas of mutual interest. The
text of the MOU is set forth below.
FOR FURTHER INFORMATION CONTACT: Mr. Edward T. Baker, telephone 301-
415-8529. Office of Nuclear Reactor Regulation, MS O-5E-7, U.S. Nuclear
Regulatory Commission, Washington, D.C. 20555.
Dated at Rockville, Maryland, this 21st day of October 1998.
For the Nuclear Regulatory Commission.
Edward T. Baker III,
Agency Allegation Advisor, Office of Nuclear Reactor Regulation.
Memorandum of Understanding Between the Department of Labor and the
Nuclear Regulatory Commission; Cooperation Regarding Employee
Protection Matters
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 employment 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 et
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 Code 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,
[[Page 57325]]
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 interest.
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 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 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. Every agency
agrees to share all information it obtains concerning a particular
complaint of discrimination and, to the extent permitted by law, will
protect information identified as sensitive that has been supplied to
it by the other agency. This cooperation does not require either agency
to share information gathered during an 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 investigation to the appropriate
Occupational Safety & Health Administration (OSHA) contact, subject to
Department of Justice (DOJ) constraints on the timing of the 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. Each 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.
4. Implementation
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.
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 notice by either party.
6. Effective Date
This agreement is effective when signed by both parties.
Shirley Ann Jackson,
Chairman, U.S. Nuclear Regulatory Commission.
Dated: September 1, 1998.
Alexis Herman,
Secretary of Labor, U.S. Department of Labor.
Dated: September 9, 1998.
[FR Doc. 98-28743 Filed 10-26-98; 8:45 am]
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