(a) Whenever it appears to the Chief, DOE that a violation of any
provision of Secs. 458.26 through 458.30 has occurred and has not been
remedied, he shall immediately notify any appropriate person and labor
organization. Within fifteen (15) days following receipt of such
notification, any such person or labor organization may request a
conference with the Chief, DOE or his representative concerning such
alleged violation.
(b) Whenever it appears to a District Director that a violation of
this part (other than Secs. 458.2, 458.26-458.30, or 458.37) has
occurred and has not been remedied, he shall immediately notify any
appropriate person and labor organization. Within fifteen (15) days
following receipt of such notification, any such person or labor
organization may request a conference with the District Director or his
representative concerning such alleged violation.
(c) At any conference held pursuant to this section, the Chief, DOE
or District Director may enter into an agreement providing for
appropriate remedial action. If no person or labor organization requests
such a conference, or upon failure to reach agreement following any such
conference, the Chief, DOE or District Director shall institute
enforcement proceedings by filing a complaint with the Chief
Administrative Law Judge, U.S. Department of Labor, and shall cause a
copy of the complaint to be served on each respondent named therein. If
an agreement is reached and the Chief, DOE or District Director
concludes that there has not been compliance with all the terms of the
agreement, he may refer the matter to the Assistant Secretary for
appropriate enforcement action or file a complaint with the Chief
Administrative Law Judge.
[50 FR 31313, Aug. 1, 1985. Redesignated at 50 FR 31311, Aug. 1, 1985,
as amended at 59 FR 15117, Mar. 31, 1994; 62 FR 6094, Feb. 10, 1997]
