CASE NO. 81-ERA-9

In the Matter of

THOMAS BARRETT, III
    Complainant

    v.

WALLACE/SUPERIOR
    Respondent

Charles C. Caldart, Attorney at Law
    Miles, Way & Caldart
    10 Rainier National Bank Building
    Olympia, Washington 98501
       For the Complainant

James A. Fish, Attorney at Law
    Winston & Cashatt
    Seafirst Financial Center
    Spokane, Washington 99201
       For the Employer

Before: EDWARD C. BURCH
    Deputy Chief Judge

    This matter came on for formal hearing at 9:30 a.m., August 25, 1981. At 1:10 p.m., both sides agreed they had resolved their differences. The agreement, which is to be posted upon the premises at the Wallace/Superior office at the Satsop Nuclear Construction Site, and distributed to employees presently on the payroll who have signed the statement of policy dated April 6, 1981, is as follows.

    The document will be entitled "Clarification of Wallace/ Superior Policy re Employee Reporting of Quality Violations," and the body reads as follows:

The "Statement of Policy" issued on April 6, 1981, remains in full force and effect, however, in order that there be no misunderstanding as to the operation and intent of this policy, the following Clarification is issued and deemed to be in effect:

1. The statement of policy is intended to be and is to be construed in such a manner as to be consistent with the reporting requirements in IOP 1.0, a copy of which is attached hereto.

2. In all cases expect those discussed in Paragraph 3 below, an employee shall report a Quality Control violation to Management through the reporting channels set forth in IOP 1.0, however, if Management has not either (a) corrected the violation, or (b) reported the violation to the NRC within two days, the employee shall then be free to report the violation to appropriate parties outside the Wallace/Superior organization without fear of reprisal.

3. If an employee discovers that a member of the Quality Assurance personnel, or a member of Management has deliberately caused a Quality Control violation, then the employee is free to report that violation directly and immediately to the NRC, simultaneously with an unsigned written report to Management without fear of reprisal.

    The above clarified statement of policy is to be signed by Mr. Frost.

    The above agreement is hereby approved and the matter is hereby dismissed. It is so ORDERED.

       EDWARD C. BURCH
       Adminstrative Law Judge

Dated: NOV 6, 1981
San Francisco, California

ECB:dml