Office of Administrative Law Judges 36 E. 7th Street, Suite 2525 Cincinnati, OH 45202
(513) 684-3252 (513) 684-6108 (FAX)
Issue date: 21Jun2002
CASE No.: 2001-ERA-21
DOUGLAS JONES,
Complainant,
v.
UNITED STATES ENRICHMENT
CORPORATION INCORPORATED,
Respondent.
PRELIMINARY ORDER
Since I have found that Mr. Jones' complaint has merit in that USEC has violated the employee protective provisions of the Energy Reorganization Act, 42 U.S.C. Section 5851 and the implementing regulations appearing at 29 C.F.R. Part 24.1, and that the above order contains the relief prescribed in 29 C.F.R. §§24.7(c)(1), I hereby issue this order as a preliminary order providing for immediate implementation of the following actions to abate the effects of the violations consisting of all of the "make whole" relief set forth above, as follows:
IT IS ORDERED that,
1. Respondent USEC cease and desist all conduct involving the above determined interference, restraint and coercion, and all discriminatory conduct toward Complainant Douglas Jones for his protected activity under the ERA;
2. Mr. Jones be immediately reinstated to his former position as trainer at USEC's
Paducah Gaseous Diffusion Plant ;
3. Mr. Jones receive full backpay for all time lost due to his layoff, plus benefits and pension contributions, to include, $13,000.00 in back pay for the three months that he was totally unemployed due to the layoff, plus $5,000.00 difference in pay for 24 month a from the time of his layoff in July 2000 through June 2002, plus monthly payments thereafter at the rate of $208.33 per month as otherwise ordinarily calculated and paid by USEC until all of the provisions of this decision and order are in full compliance therewith, plus pension fund benefits and other benefits, if any;
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4. That USEC pay lost pension contribution payments and benefits in the following amounts: either payment of direct contribution to the pension fund for his time lost at USEC due to his termination , or payments of direct compensation in lieu of those payments tpo be calculated as follows: (1) The amount of the periodic contribution, plus, (2) A prorated calculation of the earnings of the pension fund times the amount so contributed on his behalf to his USEC pension fund, to be paid directly to him for the purpose of investing in the Complainant's own retirement fund, if any, or to be utilized at his own discretion, if he has no other such account.
5. Mr. Jones receive 2 days lost pay, plus any other time lost, due to the various phases of the litigation, including pay for lost time due to such matters as attending depositions and preparation for this hearing;
6. Where applicable, that Mr. Jones receive interest on all amounts set forth herein from the dates of his suspension and his transfer through the dates that the suspension and transfer are determined to have ended;
7. Mr. Jones' personnel file be expunged of all adverse personnel actions and comments regarding allegations against him made as a result of his transfer to the training department in 1999 and his layoff therefrom in July of 2000;
8. Respondent post a notice consisting of copies of the attached order and preliminary order on all employee bulletin boards in its Plant, for a minimum of 90 days;
9. A letter be addressed to the appropriate offices of USEC and all other governmental agencies and subcontractors Mr. Jones has been cleared of all allegations against him made as a result of his transfer to the training department in 1999, and his layoff from USEC in July of 2000, and that the letter include a copy of this order and preliminary order;
10. Mr. Jones is awarded his attorneys fees and costs of litigation, concerning which I direct the complainant's attorneys to file an application therefore, postmarked within thirty days of the date of this decision and order and preliminary order. Requests for attorney travel and expenses must be specifically documented and briefed, to which respondent will be permitted a memorandum in response to be postmarked on or before 20 days from receipt of complainant's brief. A reply brief from complainant may be postmarked within 10 days of receipt of that response.
