ARB CASE NO. 00-043
ALJ CASE NO. 99-ERA-17
DATE: December 28, 2000
In the Matter of:
SYED M. A. HASAN,
COMPLAINANT,
v.
COMMONWEALTH EDISON CO.
AND THE ESTES GROUP, INC.,
RESPONDENTS.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Complainant: Syed M.A. Hasan, Pro se, Madison, Alabama
For the Respondents: Burr Anderson, Esq.,
Anderson & Thomas, Chicago,
Illinois Donn C. Meindertsma, Esq.,
Winston & Strawn, Washington, DC
FINAL DECISION AND ORDER
I. INTRODUCTION
This case arises under the employee protection provisions of the Energy
Reorganization Act, 42 U.S.C.A. §5851 (1995). The relevant facts follow. Respondent,
Commonwealth Edison Company ("ComEd"), owns and operates a nuclear power plant
in Illinois. The plant is composed of two nuclear units: Unit 1 and Unit 2. In 1996, Unit 2 was shut
down in order to replace the reactor fuel and perform corrective maintenance (Tr. 484-485).
[Page 2]
Over 300 contract engineers were involved in ComEd's two-year effort to
restart Unit 2 (Tr. 494). Those engineers were obtained from ComEd's co-respondent, The Estes
Group ("Estes"), a company that supplies temporary technical or system engineering
personnel to its clients in the nuclear power industry (Tr. 347, 464-465, 475).1
1 Estes does not find jobs for people.
Instead, it supplies personnel only when it has a contract to do so (Tr. 475). Estes maintains an
employment relationship with a temporary worker only as long as that worker is on an assignment. Once
the assignment ends, the temporary worker's relationship with Estes is automatically severed and the
worker is removed from its payroll (Tr. 348).
2 The ERA prohibits an employer
from discriminating against or otherwise taking an unfavorable personnel action against an employee with
respect to compensation, terms, conditions, or privileges of employment because the employee engaged
in protected whistleblowing activity.
3 Hasan has raised a number of
other arguments regarding the manner in which the ALJ conducted proceedings in this case. The Board
finds those arguments without merit.