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| October 3, 2008 DOL Home > OALJ Home > USDOL/OALJ Reporter |
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USDOL/OALJ Reporter Jones v. United States Enrichment Corp., Inc., 2001-ERA-21 (ALJ June 26, 2002)
Issue date: 26Jun2002 CASE No.: 2001-ERA-21
DOUGLAS JONES,
v.
UNITED STATES ENRICHMENT
Appearances:
John Frith Stewart, Esq.
Mark C. Withrow, Esq.
Before: THOMAS F. PHALEN, JR.
NOTICES TO EMPLOYEES On June 21, 2002, a Recommended Decision and Order and Preliminary Order was issued by the undersigned in the above matter finding certain violations of the provisions of the Energy Reorganization Act ["ERA"], 42 U.S.C. Section 5851. Pursuant to the implementing regulations that govern this matter at 29 C.F.R. Part 24.8, I ordered the Respondent to post Notice(s) to Employees, one of which was to be immediately posted under the terms of a Preliminary Order, and the other after review of the matter, if any, by the Administrative Review Board. On today's date, this office was informed by the attorney for Douglas Jones, Complainant, that the notices contained reference to a compensatory damage award of $40,000.00 as compared to the award set forth in the Recommended Decision and Order and Preliminary Order of $10,000.00, which is the correct compensatory damage award. The Recommended Notice to Employees attached to the Recommended Decision and Order should have contained reference to the correct amount of $10,000.00, while that of the Preliminary Order should contain no reference to the compensatory damage award at all. Therefore, [Page 2] IT IS ORDERED that: 1. Paragraph 6 of the Recommended Notice to Employees attached to the original Recommended Decision and Order be amended to read, "WE WILL immediately pay Mr. Jones the amount of $10,000.00 in compensatory damages;" and 2. Paragraph 6 of the Notice to Employees attached to the original Preliminary Order be amended to strike the provisions of paragraph 6 in its entirety, and thereafter renumber the successive paragraphs as 6 through 10. 3. The effective date of the Recommended Decision and Order and the Preliminary Order be amended to be this 26th day of June, 2002.
THOMAS F. PHALEN, JR.
IN THE MATTER OF: DOUGLAS JONES V. UNITED STATES ENRICHMENT CORPORATION CASE NO. 2001-ERA-21 POSTED BY ORDER OF THE ADMINISTRATIVE REVIEW BOARD UNITED STATES DEPARTMENT OF LABOR AN AGENCY OF THE UNITED STATES GOVERNMENT After a hearing in which the parties had the opportunity to present evidence , the Administrative Review Board, U.S. Department of Labor, has found that the Respondent, United States Enrichment Corporation, Paducah Gaseous Diffusion Plant, has violated the law in its treatment of the Complainant, Douglas Jones and has ordered the posting of this notice. Having 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 having considered the remedies and damages that must be ordered to rectify those violations to make Mr. Jones whole and to compensate Mr. Jones for them within the ERA, therefore, it has been ordered that certain actions be taken to abate the effects of those violations, concerning which it is directed that the following action be taken: 1. WE WILL 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. WE WILL immediately reinstate Mr. Jones to his former position as trainer at the USEC Paducah Gaseous Diffusion Plant; 3. WE WILL immediately pay Mr. Jones his full back pay for all time lost due to his change in position, 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; 4. WE WILL immediately pay Mr. Jones lost pension contribution payments and benefits; 5. WE WILL immediately pay Mr. Jones 2 days lost pay, plus any other lost time, while involved with the various phases of the litigation; 6. WE WILL immediately pay Mr. Jones the amount of $10,000.00 in compensatory damages. 7. WE WILL immediately pay Mr. Jones 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; 8. WE WILL immediately expunge Mr. Jones personnel file 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; 9. WE WILL immediately 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; 10. WE WILL immediately address a letter to the appropriate offices of USEC and all other governmental agencies and subcontractors that 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; 11. WE WILL pay Mr. Jones his attorneys fees and costs of litigation. 13. WE WILL immediately post a notice consisting of copies of the attached notice and preliminary order on all employee bulletin boards at its USEC Paducah Gaseous Diffusion Plant;, for a minimum period of 90 days;
APPROVED, this __ day of ________, 200_. _________________________
IN THE MATTER OF: DOUGLAS JONES V. UNITED STATES ENRICHMENT CORPORATION CASE NO. 2001-ERA-21 POSTED BY PRELIMINARY ORDER OF THE ADMINISTRATIVE LAW JUDGE UNITED STATES DEPARTMENT OF LABOR AN AGENCY OF THE UNITED STATES GOVERNMENT After a hearing in which the parties had the opportunity to present evidence , the Administrative Review Board, U.S. Department of Labor, has found that the Respondent, United States Enrichment Corporation, Paducah Gaseous Diffusion Plant, has violated the law in its treatment of the Complainant, Douglas Jones and has ordered the posting of this notice. Having 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 having considered the remedies and damages that must be ordered to rectify those violations to make Mr. Jones whole and to compensate Mr. Jones for them within the ERA, therefore, it has been ordered that certain actions be taken to abate the effects of those violations, concerning which it is directed that the following action be taken: 1. WE WILL 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. WE WILL immediately reinstate Mr. Jones to his former position as trainer at the USEC Paducah Gaseous Diffusion Plant; 3. WE WILL immediately pay Mr. Jones his full back pay for all time lost due to his change in position, 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; 4. WE WILL immediately pay Mr. Jones lost pension contribution payments and benefits; 5. WE WILL immediately pay Mr. Jones 2 days lost pay, plus any other lost time, while involved with the various phases of the litigation; 6. WE WILL immediately pay Mr. Jones 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. WE WILL immediately expunge Mr. Jones personnel file 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. WE WILL immediately 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. WE WILL immediately address a letter to the appropriate offices of USEC and all other governmental agencies and subcontractors that 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. WE WILL pay Mr. Jones his attorneys fees and costs of litigation.
APPROVED, this _ day of ________, 200_.
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