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                                                           1

          1                      UNITED STATES OF AMERICA

          2                    NUCLEAR REGULATORY COMMISSION

          3                       OFFICE OF THE SECRETARY

          4                                 ***

          5                       BRIEFING ON EEO PROGRAM

          6                                 ***

          7                           PUBLIC MEETING

          8

          9

         10                                  Nuclear Regulatory Commission

         11                                  One White Flint North

         12                                  Building 1, Room 1F-16

         13                                  11555 Rockville Pike

         14                                  Rockville, Maryland

         15

         16                                  Thursday, March 30, 2000

         17              The Commission met in open session, pursuant to

         18    notice, at 9:03 a.m., the Honorable RICHARD A. MESERVE,

         19    Chairman of the Commission, presiding.

         20    COMMISSIONERS PRESENT:

         21              RICHARD A. MESERVE,  Chairman of the Commission

         22              GRETA J. DICUS, Member of the Commission

         23              NILS J. DIAZ, Member of the Commission

         24              EDWARD McGAFFIGAN, JR., Member of the Commission

         25              JEFFREY S. MERRIFIELD, Member of the Commission

                                                                       2

          1    STAFF AND PRESENTERS SEATED AT THE COMMISSION TABLE:

          2              ANNETTE L. VIETTI-COOK, Secretary

          3              KAREN D. CYR, General Counsel

          4              YEN-JU CHEN, APAAC

          5              JOSE IBARRA, HEPAC

          6              BRIAN THOMAS, ACAA

          7              CHARLES COX, CAD

          8              BOBY ABU-EID, ILMEEOC

          9              PETER HEARN, NTEU

         10              MARY GIVVINES, FWPAC

         11              MICHAEL SPRINGER, ADM

         12              WILLIAM TRAVERS, EDO

         13              PATRICIA NORRY, DEDM

         14              IRENE LITTLE, SBQR

         15              PAUL BIRD, HR

         16

         17

         18

         19

         20

         21

         22

         23

         24

         25

                                                                       3

          1                        P R O C E E D I N G S

          2                                                     [9:03 a.m.]

          3              CHAIRMAN MESERVE:  Good morning, ladies and

          4    gentlemen.  The Commission meets this morning to hear the

          5    current status of the agency's Equal Employment Opportunity

          6    program.  The Commission's EEO program, of course, is

          7    intended to foster equal opportunity for all employees for

          8    job opportunities, to encourage diversity, and to prohibit

          9    discrimination of any kind.  We much look forward to hearing

         10    your report on our progress in that area.  Let me turn to my

         11    colleagues to see if they have any opening statements.

         12              COMMISSIONER DIAZ:  No, thank you.

         13              CHAIRMAN MESERVE:  If not, Mr. Travers, you may

         14    proceed.

         15              DR. TRAVERS:  Thank you, Chairman Meserve, and

         16    good morning, everyone.  We are pleased to be here today to

         17    provide the Commission with information on the status and

         18    progress of the agency's Equal Opportunity program.

         19              Before we proceed, let me introduce those of us at

         20    the table.  On my far left is Mary Givvines, who is the

         21    chair of the Federal Women's Program Advisory Committee, and

         22    Mary will provide a perspective of employee concerns and

         23    recommendations from the EEO advisory committees.  Mike

         24    Springer, who is the director of the Office of

         25    Administration, will discuss implementation of the EEO

                                                                       4

          1    program in his office.  Pat Norry, who is my Deputy

          2    Executive Director for Management Services, is on my right. 

          3    Next to her is Irene Little, Director of the Office of Small

          4    Business and Civil Right, and of course, Paul Bird, the

          5    Director of the Office of Human Resources.  Irene Little

          6    will now introduce the EEO Advisory Committee

          7    representatives who are seated.

          8              MS. LITTLE:  Thank you, Bill.  We have with us

          9    participating in the briefing this morning the chairperson

         10    of the Asian Pacific Advisory Committee, Yen-Ju Chen; the

         11    chairperson of Hispanic Employment Program Advisory

         12    Committee, Jose Ibarra; one of the co-chairpersons of the

         13    Advisory Committee for African Americans, Brian Thomas; the

         14    chairperson of the Committee on Age Discrimination, Charles

         15    Cox; and one of the co-chairpersons of the Joint Labor

         16    Management EEO Committee, Bobby Eid.  Also joining us this

         17    morning is Pete Hearn, a representative from the National

         18    Treasurers' Employees Union.  Dr. Travers?

         19              DR. TRAVERS:  Thanks very much, Irene.  Recently

         20    the agency celebrated its 25th anniversary, and I want to

         21    reflect just for a moment on the NRC of 25 years ago and the

         22    NRC of today.  From the very beginning, our mission has been

         23    to protect the public health and safety and the environment,

         24    and that mission has not changed.  Carrying out that mission

         25    has required NRC to continue to maintain a staff of highly

                                                                       5

          1    talented and skilled employees.  In 1975, NRC's total staff

          2    numbered about 2,000.  Over the years, the size of the staff

          3    has varied, reaching as high as 3500 in the mid-1980's. 

          4    Today we are at about 2800 permanent full-time employees.

          5              When the SES was initially established in 1979,

          6    NRC had 190 senior executive, including three minorities and

          7    two women, or less than three percent.  Now we have 140

          8    senior executives, including 15 minorities and 15 white

          9    women, for just over 21 percent.  We know that we need to

         10    continue our efforts to further increase the numbers of

         11    women and minorities in our senior management ranks, but we

         12    believe that significant progress has been made.

         13              The focus for NRC's EEO program has remained

         14    consistent throughout its history.  That is, to enhance

         15    representation of minorities and women throughout the

         16    agency, especially in technical and supervisory positions,

         17    to conduct recruitment of minorities and women at colleges

         18    and universities and to encourage all employees to seek

         19    training opportunities.  In 1975, minorities represented 11

         20    percent of the agency's total staff.  Today, minority

         21    representation has doubled.  In 1975, women represented 28

         22    percent of the agency total staff.  Eighty-five of these

         23    women were in secretarial support roles.  Today, women

         24    constitute 37 percent of the staff, and two-thirds are in

         25    engineering and scientific or professional administrative

                                                                       6

          1    jobs.

          2              In the early years, NRC's work force was generally

          3    in the age 40 and below range.  With the passing of time,

          4    the age of the NRC work force has increased to an average of

          5    48 years, bringing the additional challenges of an aging

          6    work force.

          7              Today, we have a more family friendly workplace

          8    with compressed work schedules, flexi-tour, flexi-place,

          9    work at home, job sharing, and part-time employment.  All of

         10    these initiatives help the agency capitalize on the talents

         11    of a workforce that is becoming more diverse.  We must

         12    continue the progress we made by continuing to seek creative

         13    ways to enhance diversity, and by continuing to capitalize

         14    on the talents of our employees.  We must also create and

         15    maintain an organization that facilitates continuous

         16    improvements and efficiency and effectiveness.  I believe

         17    one of our greatest challenges is effectively managing our

         18    diverse work force in an environment of continuous

         19    improvement and ensuring that employee contributions are

         20    valued, recognized and supported by a positive work

         21    environment.

         22              We have learned a lot in our 25-year history, and

         23    we have come to realize that EEO is not a destination, but

         24    an ongoing process.  Changing the culture and demographics

         25    of the agency is a long-term goal, and it requires our

                                                                       7

          1    combined commitment and efforts to achieve equal opportunity

          2    for all employees.

          3              Now I'm going to turn the presentation over to

          4    Pat.

          5              MS. NORRY:  Thank you, Bill.  Before I begin, I

          6    would like to ask Mary Givvines to provide a summary of the

          7    EEO Advisory Committee issues.  Mary?

          8              MS. GIVVINES:  Good morning.  On behalf of the

          9    advisory committees, we appreciate and thank you for this

         10    opportunity to share with you our perspective on EEO

         11    progress, some long outstanding issues, and also provide you

         12    with some recommendations for continued improvement.

         13              First, we want to recognize and thank SBCR and HR

         14    for their continued support his past year.  SBCR has been

         15    very good with meeting with the office directors and

         16    managers directly on EEO initiatives, as well as supporting

         17    the advisory committees.  In addition, SBCR and HR both have

         18    been very supportive and responsive to our data requests, as

         19    well as being proactive and sharing data with us.

         20              The committees have three long outstanding issues

         21    that we want to bring to your attention today.  However, we

         22    would like to comment that overall, we do not believe

         23    significant progress has been made towards the agency's EEO

         24    initiatives.

         25              The three major areas of concern are:  There is

                                                                       8

          1    continued underrepresentation of minorities and women in

          2    senior level and management positions.  Based on fiscal year

          3    1998 data, just to give you an idea, white females made up

          4    26 percent of the work force, but only held 13 percent, or

          5    half, of the senior level positions.

          6              African Americans made up 13 percent of the work

          7    force and held eight percent.  Asians, seven percent of the

          8    work force, and held four.  Hispanics are two percent of the

          9    work force, and hold two percent of the supervisory and

         10    management positions.  However, overall, Hispanics are

         11    underrepresented.  It's very low representation for the

         12    agency.  White males make up 52 percent of the work force,

         13    but hold 72 percent of the management and supervisory

         14    positions.

         15              The committees believe that this latest SCS

         16    candidate development program was an opportunity for us to

         17    really impact the progress in this area, but minority

         18    selections were low.  There were 24 selections made, broken

         19    down as follows:  There were two African Americans, two

         20    Asians, six white females.  There were no Hispanics, and 14

         21    white males.

         22              Our second major area of concern deals with the

         23    agency's upward mobility process, or upward mobility

         24    positions.  We believe that employees don't understand the

         25    process and how it works.  We believe that managers are

                                                                       9

          1    filling too few positions, upward mobility positions, or

          2    positions through this process.  Our recommendation is that

          3    greater consideration be given to upward mobility positions.

          4              The third major area of concern deals with the

          5    Asians spending longer than average time in grade,

          6    particularly at the grades 14 and 15 level.  This issue was

          7    serviced in mid-1995.  However, an assessment wasn't

          8    actually done until late December, 1998.  It was brought to

          9    the Commission's attention in late 1999.  Despite recent

         10    management efforts to make an impact, to address this

         11    concern, the issue still remains.

         12              We will continue to work with SBCR on these

         13    ongoing issues -- SBCR and HR.  We have five recommendations

         14    that we'd like to share with you that we feel will enhance

         15    the EEO program.  First, we feel that SRM's, following the

         16    EEO briefings, could be more effective, if they were more

         17    specific and focused on some of the harder issues.  We

         18    believe that they should identify specific methods and

         19    actions for addressing issues, as well as having a follow-up

         20    process to track the progress.

         21              Our second recommendation deals with employee

         22    professional development.  To improve employees'

         23    professional development, the agency should allow more

         24    employees, particularly minorities, women, older employees,

         25    employees with disabilities, to participate in highly

                                                                      10

          1    visible positions, including ones within the office of the

          2    EDO, the Commission, and the chairman.

          3              The third recommendation deals with evaluating

          4    management EEP performance.  We think that substantive

          5    criteria needs to be established for managers to evaluate --

          6    or to provide more meaningful evaluations for their EEO

          7    performance.

          8              The fourth recommendation comes from the committee

          9    on age discrimination and deals with performance appraisals. 

         10    They performed a study based on 1997 and 1998 data, and

         11    discovered that older technical staff had significantly

         12    reduced performance ratings. Their recommendation is that

         13    the office of the EDO issue a memorandum to sensitize

         14    management to realistic and fair evaluations.

         15              Our final recommendation is that the office of

         16    small business and civil rights report directly to the head

         17    of the agency.  Although the office of the EDO has done a

         18    good job of addressing EEO concerns, we believe the agency

         19    can achieve greater results if EEO matters were elevated to

         20    the head of the agency.  This recommendation was brought up

         21    about three years ago.  The Equal Employment Opportunity

         22    Commission issues a management directive to all federal

         23    agencies, and specifically states the director of the EEO

         24    should be under the immediate supervision of the head of the

         25    agency.

                                                                      11

          1              That concludes our remarks, and we'll be happy to

          2    answer any questions you might have.

          3              CHAIRMAN MESERVE:  Why don't we complete the

          4    presentations, and then we'll ask questions of the entirety

          5    of the panel.

          6              MS. NORRY:  Okay.  Thank you, Mary.

          7              I'd like to comment on a couple of the issues that

          8    were highlighted in Mary's statement representing all of the

          9    committees.  The issue of specific criteria for evaluating

         10    managers and supervisors in the EEO area, we have been

         11    looking for ways to strengthen management effectiveness and

         12    accountability in the EEO, and I think this tracks our

         13    general agency-wide efforts to look for greater

         14    accountability across the board in terms of the new

         15    directions for the agency.

         16              I've asked SBCR and HR to work together to develop

         17    separate criteria to be included in the SES performance

         18    plans and in the elements and standards for non-SES managers

         19    and supervisors.  EEO performance is currently evaluated,

         20    but the lack of perhaps some more specific criteria, it has

         21    been a problem.  So, we believe that these criteria should

         22    enhance managerial accountability and strengthen support for

         23    EEO.

         24              The committees also mentioned the upward mobility

         25    process, and it's true that during the past three years,

                                                                      12

          1    particularly, managers have pursued hiring more experienced

          2    employees because we've been in a downsizing environment,

          3    but we are working -- HR has been working actively with

          4    office directors to restructure some positions so that

          5    employees at lower grades can compete for professional

          6    positions.

          7              The office of administration, of course, has also

          8    had a successful program in upward mobility, and you'll hear

          9    from Mike Springer on that later.  Using the formal upward

         10    mobility process, we did manage to create and fill a

         11    position, one position each in '99 and in '2000, but other

         12    strategies have been to work in partnership with managers

         13    and supervisors to restructure and to modify qualifications. 

         14    Working with managers to take a look at certain positions

         15    where the qualifications perhaps can be modified in a way

         16    that will allow more applicants to effectively compete for

         17    these positions.  This was done, and there were -- this

         18    helped to create a more diverse internal applicant pool.

         19              Third, we recognize that to achieve diversity

         20    gains requires a long-term strategy and a commitment to

         21    results.  We believe our long-term strategy is appropriately

         22    focused on increasing our entry level and intern hiring, an

         23    area where we have been able to realize work force diversity

         24    gains in the past.  Our plan is to provide temporary FTE

         25    relief for offices that fill positions through entry level

                                                                      13

          1    and intern hiring.  Our goal is to recruit at least 25

          2    percent of new employees for entry level positions.  Office

          3    and regions are being encouraged to fully utilize their FTE

          4    to support this goal.    In addition, the NRC's summer

          5    hiring program and the co-op program will also be utilized

          6    to identify highly qualified, diverse applicants for entry

          7    level and intern consideration.  We are particularly in tent

          8    on using these initiatives to improve our performance in

          9    recruiting Hispanic employees.  We've had some success.  In

         10    fiscal '99, we hired five Hispanic employees and three so

         11    far in fiscal 2000, but overall, representation of Hispanics

         12    in the agency remains low.  It remains at about two percent,

         13    which means they continue to be underrepresented.  This,

         14    therefore, will remain a major area of focus for us in the

         15    coming year.

         16              I would now like to highlight two of the staff

         17    responses to the SRM issued after the last briefing.  The

         18    full text of the SRM and the responses are contained in the

         19    paper at attachment one.  One SRM asked us to discuss

         20    actions taken to encourage employees to encourage

         21    applications of qualified employees, and especially women

         22    and minorities, to apply for senior level positions, and the

         23    SES candidate development program.

         24              Staff in the office of small business and civil

         25    rights often discuss SES and SL vacancies with minority

                                                                      14

          1    group representatives and encourage applications.  Some NRC

          2    managers and supervisors encourage employees in their own

          3    offices to apply when a senior level or SES position is

          4    announced.  Such outreach by office directors and regional

          5    administrators has the positive effect of motivating

          6    employees to apply for these positions.

          7              To encourage applications from qualified

          8    employees, including women and minorities for the candidate

          9    development program, which was conducted in fiscal '99,

         10    network announcements were used to publicize the program,

         11    and a representative from the office of personnel management

         12    conducted two workshops to assist interested employees in

         13    understanding the application process and preparing their

         14    application packages.  This effort resulted in 187

         15    applications and 24 selectees.

         16              Another item in the SRM asked us to look at

         17    outreach strategies with other agencies to attract qualified

         18    and diverse applicants.  The office of human resources has

         19    established a joint recruitment initiative with DOE and have

         20    identified recruiting events to participate in for the

         21    remainder of this year.  Also, we are considering

         22    inter-agency assignments for the dual purpose of developing

         23    staff and showcasing the agency as a prospective employer. 

         24    We will continue these initiatives, and we will seek other

         25    creative ways to attract and maintain highly qualified

                                                                      15

          1    staff.

          2              I will now ask Irene Little to provide a summary

          3    of the agency's activities in the EEO area.

          4              MS. LITTLE:  Thank you, Pat.  I will highlight EEO

          5    program progress accomplishments and challenges during FY

          6    '99 and address briefly the direction of the program for the

          7    remainder of FY 2000.

          8              At the beginning of FY 1999, the agency issued an

          9    updated affirmative employment plan, which includes the

         10    agency's commitment to aim for an EEO standard of

         11    excellence.  The strategy for pursuing this objective is

         12    spelled out in the plan under four guiding principles.  A

         13    copy of this plan was disseminated to employees, and our

         14    ongoing review of the EEO program follows the guiding

         15    principles.

         16              The first guiding principle is to create a

         17    workplace environment that is free of discrimination,

         18    including harassment, and is accessible to individuals with

         19    disabilities.  Creating a discrimination-free work

         20    environment requires that employees and managers understand

         21    their rights and responsibilities in the workplace and

         22    engage in open communication throughout the agency.

         23              Two initiatives are highlighted in this guiding

         24    principle.  The first is the agency's alternate dispute

         25    resolution process.  Consistent with EEOC regulations,

                                                                      16

          1    effective January 1, 2000, NRC established an alternate

          2    dispute resolution process as part of the EEO complaint

          3    process.  Although it is much too early to reach any

          4    conclusions about the effectiveness of ADR in the agency, we

          5    anticipate the use of this process will assist us in

          6    resolving complaints very early, facilitating mutual

          7    agreements and in fostering more effective communication

          8    between employees and managers.  A detailed description of

          9    the ADR process was issued to all employees, and it can be

         10    found on the Office of Small Business and Civil Rights web

         11    page.

         12              The second highlight under this guiding principle

         13    is the agency's EEO counseling program.  The primary

         14    function of an EEO counselor is to seek to resolve informal

         15    allegations of discrimination at the lowest possible level

         16    in the agency.  However, EEO counselors serve an additional

         17    role.  They assist in providing information to employees and

         18    managers about their responsibilities in the EEO complaint

         19    process.  The informal counseling process continues to be an

         20    effective tool for resolving many employee issues.

         21              In FY 1999, EEO counselors handled 39 informal

         22    issues.  Five of these issues were withdrawn based on

         23    satisfactory resolution, and four were closed with

         24    settlement agreements.  Resolving 25 percent of issues on

         25    the informal level is a good track record, and we anticipate

                                                                      17

          1    that this percentage will increase with greater use of the

          2    ADR process.

          3              Another aspect of a discrimination-free work

          4    environment is ensuring that employees with disabilities are

          5    provided reasonable accommodation to complete their work

          6    assignments and enhance their careers.  Employees who have

          7    disabilities and who wish to request an accommodation are

          8    required to submit that request along with medical

          9    justification.  During FY 1999, 22 requests for

         10    accommodations were approved.  To maintain employee

         11    awareness of the agency's support in this area, all new

         12    employees are provided a copy of the revised NRC information

         13    guide for people with disabilities.

         14              The second guiding principle is to ensure that

         15    agency policies, processes, and procedures provide all

         16    employees the opportunity to participate in mission

         17    accomplishment and to compete fairly and equitably for

         18    career enhancement and advancement.

         19              It is critical that the agency's human resource

         20    management policies and procedures provide appropriate

         21    guidance to facilitate equal opportunity in the workplace. 

         22    One of the initiatives in place to facilitate this is in the

         23    merit staffing process.  A checklist developed jointly by

         24    SBCR, HR, and the EEO advisory committees is being used by

         25    HR specialists to assist manager in developing broad, more

                                                                      18

          1    objective rating factors to attract the widest and most

          2    diverse group of candidates possible for posted

          3    vacancies.Additionally, selecting officials are expected to

          4    interview all internal A, best qualified candidates for

          5    posted vacancies.

          6              The employee performance rating process is another

          7    critical area.  Performance ratings are used as the basis

          8    for awards, promotions, and other assignments.  SBCR is

          9    monitoring performance appraisal trends so that any

         10    anomalies can be identified and addressed early.  We

         11    conducted a review of FY 1999 performance ratings and found

         12    that agency-wide, 38 percent of employees receive the

         13    revered outstanding rating.  In comparison to this

         14    agency-wide statistic, white females rated higher, at 46

         15    percent.  White males were rated outstanding at a rate of 39

         16    percent.  For minorities, 28 percent of African Americans

         17    and 28 percent of Asian Pacific Americans were rated

         18    outstanding. Twenty-five percent of Native Americans and 18

         19    percent of Hispanics were rated outstanding.

         20              When you look at the work force from the work

         21    perspective, three of the four groups tracked received

         22    outstanding appraisals at a percentage higher than the 38,

         23    which is the agency's overall rate.  The exception in the

         24    age area was the group age 56 and above.  They received

         25    outstandings at a rate of 27 percent.  As recommended by the

                                                                      19

          1    Committee on Age Discrimination, a memorandum regarding

          2    completion of performance appraisals will be issued annually

          3    by the EDO, reminding managers of their requirement to

          4    fairly evaluate all employees.

          5              How the agency assess managers in the EEO area is

          6    another critical piece of the effective EEO program.  Pat

          7    mentioned earlier the effort by SBCR and HR to establish

          8    specific criteria for evaluating managers and supervisors.

          9    SBCR is also responsible for assessing how management

         10    policies and procedures impact employees as part of that

         11    process.  Office directors and regional administrators

         12    provide reports in the operating plan that enables SBCR to

         13    identify areas where additional focus is needed.  Annually,

         14    an assessment of this input is prepared by SBCR for use by

         15    the EDO when evaluating senior executives.

         16              The EEO advisory committees also provide input

         17    regarding agency EEO goals and accomplishments.  As Mary

         18    stated in her statement earlier, SBCR and HR are currently

         19    engaged in dialogues with the EEO advisory committees on

         20    several of the issues discussed.  Guiding principle number

         21    three is to employ a competent and highly skilled work force

         22    representative at all levels of America's diversity, and

         23    enable employees to accomplish the agency's mission by

         24    providing support, tools, and a positive work environment.

         25              The agency's goal is to maintain a highly

                                                                      20

          1    qualified and diverse staff.  As Pat mentioned earlier,

          2    greater emphasis is being placed on entry level and entering

          3    hiring to help achieve this goal.  In FY 1999, 102 new

          4    employees joined the agency, eight were entry level interns,

          5    and that number included four minorities and three white

          6    women.  Minority and women representation is what we aim

          7    for, and we know that entry level and entering hiring can

          8    help us in this area.

          9              While entry level hiring is the tool for

         10    increasing overall work force diversity, the SES candidate

         11    development program is one tool to increase diversity in the

         12    SES and supervisory ranks.  The most recent selections for

         13    the candidate development program includes four minorities,

         14    six white women, and 14 white men.  Our challenge is to seek

         15    ways to further develop employees for advancement in order

         16    to increase diversity and subsequent SES candidate

         17    development programs.

         18              The fourth guiding principle is to recognize,

         19    appreciate, and value diversity, thereby demonstrating

         20    trust, respect, and concern for the welfare of all employees

         21    within the agency.  I echo the statement Dr. Travers made in

         22    his introduction, that one of the agency's most challenging

         23    tasks is managing a diverse work force in a continuous

         24    improvement environment.  Employees are our most valuable

         25    resource, and all employees should be provided with the

                                                                      21

          1    opportunity to contribute to the organization within a

          2    positive working environment.  To facilitate this objective,

          3    a managing diversity process is ongoing in the agency. 

          4    Today, most of the managers and supervisors have completed

          5    awareness sessions, and sessions for employees have begun

          6    and are scheduled to be completed by the end of calendar

          7    year 2000.  Diversity management is a cooperative venture,

          8    and its success requires the effort of all managers and

          9    employees.

         10              Rewarding high performance employees is another

         11    critical piece of valuing employees.  As part of our ongoing

         12    assessment, we reviewed the awards data for FY 2000, and

         13    overall, we are rewarding our employees well to a tune of

         14    1,096 awards to non-SES employees in fiscal year 2000.  We

         15    found that awards to minorities tracked very closely to

         16    their percentage of representation in the NRC work force. 

         17    We also found that white females received slightly more

         18    awards and white males received slightly fewer awards that

         19    their respective representation in the work force.  There's

         20    detailed data included in attachment three of the briefing

         21    paper on the awards data.

         22              To provide a more comprehensive status of the

         23    agency's activities in EEO, for the first time, we are

         24    including in this briefing a summary of NRC's small business

         25    activity, and the agency's activity related to historically

                                                                      22

          1    black colleges and universities.  The small business program

          2    was created by federal legislation, and requires agencies to

          3    establish procurement preference goals for small businesses,

          4    minority businesses, and women owned businesses.  The Small

          5    Business Administration is the lead agency for this program,

          6    and it requires agencies to establish an annual goal of at

          7    least 23 percent of agency contract dollar to small

          8    businesses.  Over the past five years, NRC has consistently

          9    met or exceeded its dollar goal in all categories.  During

         10    FY 1999, NRC's total procurement awards was $72 million. 

         11    Forty-four percent, or $31 million, was awarded to small,

         12    minority, or women-owned businesses.  NRC is viewed by the

         13    Small Business Administration as having a successful small

         14    business program.

         15              In 1993, the historical black colleges program was

         16    established by executive order, and requires that federal

         17    agencies establish annual program and funding goals for

         18    historical black colleges and universities.  The goal of

         19    NRC's program is to enhance teaching skills of faculty

         20    members at HBCU's and encourage students at these

         21    institutions to seek advanced degrees in science,

         22    engineering, and technology.  During fiscal year 1999, seven

         23    students and 12 faculty participated in the program.  Their

         24    participation involved technical research and development

         25    activities at DOE labs and on their campuses.  These

                                                                      23

          1    activities are all related to NRC's mission.  $189,000 Were

          2    awarded under this program in FY 1999.

          3              In summary, and finally, as we reflect on our 25

          4    years, we have made slow but steady progress.  Our challenge

          5    is to maintain the levels of achievement that we have

          6    reached, and establish strategies to move us to the next

          7    level.  To this end, my office, the Office of Small Business

          8    and Civil Rights, will continue its outreach efforts with

          9    office directors and regional administrators to discuss

         10    specific office and regional EEO initiatives in support of

         11    the guiding principles.  We will continue to offer guidance

         12    in implementing these initiatives.  In conjunction with the

         13    office of human resources and all managers in the agency, we

         14    will intensify our efforts to increase the representation of

         15    Hispanics and other minorities in the pool of candidates for

         16    the inter-level program.

         17              Office directors and regional administrators must

         18    continue to encourage and facilitate open communication

         19    among staff and management to enhance early resolution of

         20    issues.  Employees too have a responsibility in an effective

         21    EEO program.  They must bring issues to management's

         22    attention early and remain open to informal win-win

         23    resolutions.  Employees must also be more active in managing

         24    their own career development by seeking information

         25    regarding career preparation, applying for posted vacancies,

                                                                      24

          1    requesting feedback, and working with their first-line

          2    supervisors to participate in training and developmental

          3    assignments.  Together, and as an agency-wide team, we can

          4    continue and even accelerate our progress in this area.

          5              Thank you, Pat.  This concludes my remarks.

          6              MS. NORRY:  Thank you, Irene.  Now I'll ask

          7    Michael Springer to provide highlights of the EEO program in

          8    the Office of Administration.

          9              MR. SPRINGER:  Thank you, Pat.  Good morning. 

         10    Thank you for the opportunity to discuss Admin's efforts in

         11    EEO and staff diversity.  Admin currently has 118 full-time

         12    and part-time employees.  The table in the SECY paper in

         13    attachment two displays the ethnic background and gender

         14    breakdown of the Admin staff.  Our staff is 44 percent

         15    minority and 62 percent female.  Minority women represent 29

         16    percent of the staff; minority men, 15 percent; white women,

         17    33 percent; and white men, 23 percent.  As Dr. Travers

         18    noted, EEO is not a destination but a continuing process. 

         19    In Admin's case, this has meant building a program which

         20    provides opportunities for clerical and professional

         21    employees leading to professional positions, as well as

         22    recruiting from outside the office.  It requires a heavy

         23    commitment to training and development and a continuing

         24    effort by managers to move staff up through the process of

         25    acquiring higher level skills.

                                                                      25

          1              Historically, Admin has maintained a strong upward

          2    mobility initiative.  This initiative has been especially

          3    effective over the years in fulfilling procurement

          4    specialist vacancies in the division of contracts and

          5    property management.  As a result, a number of our GD-12

          6    through 15 contract specialists and contracting officers are

          7    former clerical and paraprofessional staff.  We provide

          8    support and encouragement for employees to complete in-house

          9    and college level courses.  At the moment, we have

         10    paraprofessional employees participating in developmental

         11    programs in computer sciences and in administrative skills

         12    enhancements, and we have other employees at the

         13    professional staff level taking college credit courses

         14    toward business degrees.

         15              Earlier this year, we completed a special

         16    Admin-wide upward mobility initiative begun in 1998.  We

         17    posted three administrative management training positions

         18    that were designated and designed to provide on the job

         19    training to the selected applicants that would prepare them

         20    to move from clerical and paraprofessional positions to

         21    professional career job ladders.  Two African American women

         22    and one white women were selected for the 18-month program. 

         23    All three were successful in completing this course and for

         24    competing for professional career ladder administrative

         25    positions, two of them in Admin and one in the Office of the

                                                                      26

          1    Inspector General.

          2    Following the success of this effort, I'm discussing with my

          3    senior managers other initiatives, including professional

          4    entry level hiring and development along the lines outlined

          5    by Dr. Travers in his March 21 memorandum to officer

          6    directors and regional administrators.

          7              On the subject of entry level hiring of

          8    professionals, Admin's commitment to EEO and staff diversity

          9    remains very strong.  From the beginning FY 1999 to the

         10    present, we filled 16 positions.  Four of these were filled

         11    by minority women, four by minority men, and five by white

         12    women.  Most significantly, two of the 16 were for key

         13    managerial positions at the branch level in my office.  Both

         14    were hired from outside the agency.  We hired an African

         15    American man for one of these management positions and a

         16    white woman for the other.  We routinely seek diversity

         17    among our rating panel members, and I strongly encourage our

         18    managers to consider minority and women candidates for

         19    vacant positions.  I personally review all selections in

         20    Admin to assure equity and balance in the process.

         21              I also participate directly with Admin division

         22    directors in monthly meetings of the Admin labor management

         23    partnership where we discuss in a non-adversarial forum

         24    issues of equity and fairness and work assignment, hiring,

         25    promotion, recognition.  Generally, we've been able to

                                                                      27

          1    resolve the issues and concerns about equity and fairness

          2    quickly and amicably in this group.  A top priority in Admin

          3    is to recognize the individual's whose performance and

          4    achieving excellence in the workplace sets an example for

          5    others.  For FY 1998 and FY 1999, we presented 106

          6    performance awards in Admin.  Thirty-six percent of those

          7    awards went to minorities, 31 percent to white women, and 33

          8    percent to white men.  We also recognize exemplary

          9    performance throughout the year with instant cash and

         10    administrative excellence awards.  These are for unusual

         11    initiative, ingenuity, or customer service.  During FY 1999

         12    and the first quarter of this fiscal year, we presented 40

         13    instant cash or administrative excellence awards. 

         14    Forty-five percent of these went to minorities, 40 percent

         15    to white women, and 15 percent to white men.

         16              Looking ahead, Admin will continue to explore

         17    innovative ways to promote equity for minorities and women

         18    in career enhancement.  One specific challenge we have in

         19    Admin is in our staff development for contracting officers

         20    and specialists whose positions are in a particular job

         21    classification series known as the 1102 series.  Recent

         22    changes in the standards for this series will require

         23    employees who are in this series to possess a college degree

         24    to advance to the GD-13 level or higher.  Admin has 29

         25    contracting officers and specialists who are in the 1102

                                                                      28

          1    series.  Fifteen of these employees are minorities and 11

          2    are white women.  Of the 29 people in the 1102 series, about

          3    13 could be affected by the new educational requirement

          4    contained in the new OPM regulations.  This number includes

          5    five white women, six African American women, and two

          6    African American men.  We have appointed a career

          7    development program manager to implement and oversee

          8    programs in our office that will provide any participating

          9    professional who needs a baccalaureate degree to advance the

         10    opportunity to obtain one.  We also added funds to our

         11    training budget to achieve this objective.

         12              I will continue to meet regularly with Admin

         13    managers and staff to ensure our commitment to staff

         14    diversity.  Thank you very much for the opportunity to

         15    present this information to the Commission.

         16              DR. TRAVERS:  Chairman, that completes our

         17    presentation this morning.

         18              CHAIRMAN MESERVE:  Very good.  I'd like to thank

         19    you all for a very helpful and informative presentation.  I

         20    noted in the SECY paper at page three, you report that the

         21    number of formal EEO complaints has increased significantly

         22    during fiscal year '99.  It appears that from the day that

         23    you report there that it went from 12 in 1998 to 16 in 1999. 

         24    I'm not sure that that -- I expect the numbers do vary from

         25    year to year, and I'm not sure that an increase of four is

                                                                      29

          1    significant, but nonetheless, the trend is in the wrong

          2    direction.  I wonder if you have any explanation for that,

          3    particularly given the comments that Ms. Little had made

          4    about the increasing effectiveness of the informal processes

          5    to resolve these issues before they get to a formal

          6    complaint stage.

          7              MS. LITTLE:  We think that it's pretty normal

          8    during downsizing and reorganization for complaints to

          9    increase.  When you look federal government-wide, you see

         10    that kind of a trend, and it's generally an anomaly.  We'll

         11    look at that for fiscal year 2000 to see if the trend

         12    continues or if it goes back down to the level that we have

         13    seen since 1996, as you can see, the date included in the

         14    paper.  We think this is an anomaly of a year because of the

         15    level of activity and change we had in the agency.

         16              CHAIRMAN MESERVE:  I know that Ms. Norry in her

         17    presentations had emphasized the importance of the

         18    rotational assignments and the efforts that have been made

         19    there.  The percentages are going up but the opportunities

         20    for rotational assignments seem to have gone down.  I saw

         21    that there were 215 that are reported for fiscal year '98

         22    and only 141 for fiscal year '99.  So, although we may be

         23    doing better in terms of the opportunities that are

         24    provided, that the overall absolute number of opportunities

         25    seems to be decreasing.  Is there a problem there, and why

                                                                      30

          1    are the numbers going down, and what should we be doing

          2    about that?

          3              MS. NORRY:  Well, I would just say one thing.  I

          4    think that yeah, you could look at it as a problem because

          5    of the fact that rotational assignments do offer

          6    opportunities for people to get seen in different

          7    environments.  I think it's somewhat understandable that

          8    offices have perhaps not, given everything that everyone has

          9    to do and given the increased work load in the agency with

         10    fewer staff, perhaps have not come forward as much as before

         11    to offer rotational assignments.  We are working with the

         12    offices, and I think that the level is beginning to go back

         13    up again.

         14              It's a human resources management issue that

         15    rotational assignments can prove of value, and they don't

         16    have to be considered a debit to the office that sends the

         17    person on a rotation.  There's been more encouragement of

         18    kind of a two-way street thing where you send someone, you

         19    get someone.  We try to facilitate all of this and work with

         20    the offices so it is not seen as debiting them with a

         21    critical skill.

         22              DR. TRAVERS:  But I think that's right, it is a

         23    function, at least in the last year, in my view, of the set

         24    of initiatives that are before us, the fact that we've been

         25    downsizing to an extent, and that's quite a certain pressure

                                                                      31

          1    on the organizations to keep what they have and keep them

          2    applied to the main mission of carrying out things like

          3    oversight and you know, those sorts of major initiatives

          4    that the agency has underway.

          5              CHAIRMAN MESERVE:  Is this a scenario we think we

          6    should be doing more and try to adjust that somewhat, the

          7    number of rotational assignments, things we should be doing

          8    there?

          9              MS. NORRY:  I think we're going to keep an

         10    emphasis on it and work with the offices.  They key is for

         11    the offices, the managers, not to see it as lessening their

         12    ability to get the job done, and we'll just have to work

         13    with them.

         14              CHAIRMAN MESERVE:  Several of you have mentioned,

         15    and the data show that we're having a particular problem in

         16    the area of achieving the same progress with Hispanics as we

         17    are with some of the other groups.  Is there an explanation

         18    for why that's proven more difficult?

         19              MS. NORRY:  Paul, do you want --

         20              MR. BIRD:  Well, I have a view on this, I think,

         21    that's reinforced with my counterparts throughout the

         22    government.  The competition for Hispanic employees is very

         23    high.  All the agencies are encouraged through a nine point

         24    plan put out by OPM to hire Hispanics.  Most all the

         25    agencies are underrepresented.  Certainly as a technical

                                                                      32

          1    agency, the availability of qualified Hispanic staff to come

          2    into some of the jobs, particularly if you're recruiting at

          3    an experienced level, is very difficult.  We lose Hispanics

          4    because of the competition.  In fact, we've had success in

          5    hiring, but it's offset by the losses that we've had, and

          6    that's been fairly consistent for the last couple of years.

          7              I think our efforts are very much focused on this

          8    issue.  This has been an issue for a long while here.  We

          9    have a lot of emphasis on it.  We do a tremendous amount of

         10    recruitment aimed at solving this and trying to increase the

         11    number of people coming in, and we're going to have to work

         12    harder, I believe, on retention.  I think that's also a

         13    factor here.  Certainly if we're gaining at the same level

         14    we're losing, we're not going to make overall progress, but

         15    this is certainly a government-wide issue and something that

         16    needs to keep a focus.

         17              We are talking to other agencies about this.  In

         18    fact, it was mentioned earlier that we were talking with

         19    DOE, and in some of those conversations, we view this as a

         20    common problem.  Some of our recruitment strategies are

         21    aimed at this as a common problem, and I think we're just

         22    going to have to invest more in this effort to try to

         23    outgain the losses, if you will, to work this toward a good

         24    outcome in the future.  We certainly have room for

         25    improvement, and we will certainly keep the focus on that

                                                                      33

          1    particular area.  Underrepresentation numbers would indicate

          2    that's our biggest challenge, and I think we're up to it,

          3    and I think we'll continue to work at it.

          4              MS. LITTLE:  In addition to competition within the

          5    government, private industry is seeing diversity as a

          6    competitive advantage, and so there's competition with the

          7    private industry as well, and of course, they have a lot

          8    more flexibility and can be a lot more timely in their

          9    offers and attract those Hispanics coming out of college a

         10    lot easier than we can.  There are some built in things in

         11    our process that we're a lot slower than private industry,

         12    so we are also competing with them as well.

         13              My office could probably come up with a couple of

         14    anecdotal situations here where we've identified highly

         15    qualified Hispanics -- I'm sure if the NMSS management is in

         16    the room, they can attest to that.  We identified a couple

         17    of highly qualified Hispanics and worked directly with them

         18    and in the end, they simply said no, for whatever the

         19    reasons were.  So, the competition is really, really stiff

         20    in that area.

         21              CHAIRMAN MESERVE:  Why are we slower than private

         22    industry?

         23              COMMISSIONER McGAFFIGAN:  We're the government.

         24              CHAIRMAN MESERVE:  Is this an inevitable state of

         25    the government, unable to streamline its processes?

                                                                      34

          1              MS. NORRY:  I think one of the reasons why

          2    Congress is currently considering or will be considering

          3    shortly a package of initiatives that the office of

          4    personnel management put forward on how we can offer greater

          5    incentives to work for the government is because industry

          6    can consistently outbid us.  So, they're looking at packages

          7    of things like signing bonuses and incentives to retention

          8    bonuses.  We have some limited authorities in those areas,

          9    but they're looking to -- in recognition of the fact that we

         10    get outbid.

         11              CHAIRMAN MESERVE:  My question was not so much

         12    about the pay levels so much as that as I understood what

         13    Ms. Little was saying is that part of the disadvantage is

         14    that we're slower in making offers than private industry,

         15    and I just wondered whether that's something we can address.

         16              MR. BIRD:  I believe so.  Certainly we have a

         17    competitive process for our jobs.  We have posting

         18    requirements and things of that nature that private sector

         19    does not have.  We have veteran's preference that we take

         20    into account in every job.  We do registers of employees for

         21    selection purposes.  So, in that regard, they have some

         22    advantages that they can go to a particular recruitment site

         23    and see three people they're interested in and immediately

         24    bring them into the workforce.

         25              We are able to do that at entry level.  We have a

                                                                      35

          1    tougher time doing that at the higher levels.  So, again,

          2    putting the focus on entry hiring may allow us to have more

          3    -- somewhat of a more competitive advantage than if we're

          4    trying to hire more experienced people where we have posting

          5    requirements, veterans preference and things of that nature

          6    that we're looking at.

          7              I think, again, there's room for improvement,

          8    certainly even with our internal system to try to move

          9    things along more quickly, but this is a challenge and

         10    again, I think we're working at it.  We're focused on it,

         11    and we're up to it, but we just have to keep the emphasis in

         12    this particular area right out in front of everybody and

         13    keep reminding our managers that this is important.

         14              DR. TRAVERS:

         15              MS. GIVVINES:  I should probably point out that we

         16    are trying to put an emphasis on entry level hiring because

         17    we think we can make some gains in one area here.  It's not

         18    to underestimate the challenge because even in entry level

         19    hiring generally, never mind minority candidates, we have

         20    had some limited success, given the competition out there

         21    and the salaries that technical people are, you know,

         22    gaining today.  So, it's a tough issue.  We hope that some

         23    of the legislation at OPM guidance and some of what we have

         24    now by way of tools will help us in that regard, but it's

         25    going to be a real tough road.

                                                                      36

          1              CHAIRMAN MESERVE:  Ms. Dicus?

          2              COMMISSIONER DICUS:  Thank you.  I'm going to

          3    follow up on this line that we're on with a couple of

          4    questions.  As best I recall from I think the August

          5    briefing, I think I asked the question, given the fact we do

          6    have to do postings, et cetera, and the veteran advantage

          7    and so forth, I think I asked the question when we go out

          8    and actually recruit, can we do an on the spot decision and

          9    make an offer, and I think the answer was yes.  So, we can

         10    -- is that, Phil, a yes?

         11              MR. BIRD:  Yeah, again, for entry level people, we

         12    can, if the program people are with us in the recruitment

         13    mode of wanting to do that and not wanting to bring people

         14    in for further interviews, that's possible.

         15              COMMISSIONER DICUS:  And I do want to make a

         16    comment about that because I want to encourage our senior

         17    managers and those who have the responsibility for doing

         18    these hires, that I think the Commission has -- I hope the

         19    Commission has -- certain I do -- a very strong interest in

         20    pushing this idea of entry level hiring because we do need

         21    to get these young people, these entry level people, in to

         22    provide, you know, the leaders 20 years from now that we

         23    need.  So, you managers that are listening, I'm a very

         24    strong proponent of the entry level hiring.  I understand

         25    the issue with downsizing.  You want someone that can hit

                                                                      37

          1    the ground running, but you might be surprised that some of

          2    these people can hit the ground running once they get

          3    accustomed to our way of doing things.

          4              The last time also, and we talked about, I think

          5    Paul, you mentioned that you had just hired an individual

          6    with an expertise in recruiting minorities.  I haven't heard

          7    anything about that in the briefing today.  Is this person

          8    still with us, and what success level has this person had?

          9              MR. BIRD:  Yes, she's very much with us.  Her name

         10    is Dee Willner.  She's had a variety of experiences in other

         11    agencies.  She's had a particular focus on minority

         12    recruitment and hiring and has brought some very fresh

         13    ideas.  Just recently, she has met with officials, for

         14    example, at the Veterans Administration to discuss disabled

         15    veterans affirmative action.  She had had a number of other

         16    visits with other officials that weren't very helpful in

         17    regard to identifying candidates, but her knowledge of that

         18    community and her ability to know which schools are

         19    producing the kinds of students we'd be interested in and

         20    then certainly networking with other people has been a true

         21    advantage.  So, we've got a head of steam on this, and I

         22    think she's very, very capable of pointing us in the right

         23    direction, to the right schools, to the right job fairs, and

         24    adding an element of new look to our recruitment program.

         25              COMMISSIONER DICUS:  Okay.  Perhaps at our next

                                                                      38

          1    briefing, it might be useful if she would give us a little

          2    bit of feedback.

          3              MR. BIRD:  Certainly.

          4              COMMISSIONER DICUS:  I think it would be helpful. 

          5    The lower appraisals that minorities are getting and the

          6    older employees, I wasn't quite clear -- didn't get a clear

          7    picture on why.  Can someone fill me in a little bit on

          8    that, or what you think the reason is?

          9              MS. LITTLE:  I'm not sure if we know the answer. 

         10    We've started to track the trend.  Last time we did a

         11    five-year trend.  We're continuing that trend.  We don't

         12    know the answer to it.  We've reacted to the data in a

         13    couple of ways.  Some of the office directors, at least one,

         14    maybe a couple, have asked us to bring in managing diversity

         15    training for their managers just to make sure that they're

         16    focused on objective criteria when they're rating their

         17    employees.  We're not sure what the answer is.

         18              COMMISSIONER DICUS:  I think it would be very

         19    useful to keep tracking that.  I'm still just 39, but I'm a

         20    little sensitive about the over 56 group and their

         21    performance evaluation.

         22              Let's see, I do want to underscore the chairman's

         23    comments about rotational assignments because I do use a

         24    rotational constantly in my office.  I find it a tremendous

         25    advantage, and I very much support the concept of rotational

                                                                      39

          1    assignments.  I understand maybe at the Commission office

          2    level, we know that person will go back to the office they

          3    came from.  I understand that maybe one of the problems in

          4    staff rotations, they may get scarfed up and not go back to

          5    the office they're in, but I think I would encourage that.

          6              One final quick question, one page 13 of your

          7    paper, you note that 44 percent of last year's commercial

          8    contract awards went to small businesses, and you've set a

          9    target for this year of 26 percent.  Why are you

         10    downscaling?

         11              MS. LITTLE:  What we tried to do is not set

         12    ourselves up for failure.  The nationwide goal that SBA

         13    requires us to set is 23 percent, and so we set that goal

         14    and we try to up it a little bit each year because the --

         15              COMMISSIONER DICUS:  You've done a good job at 44

         16    percent.

         17              MS. LITTLE:  We've done a very good job.  Yes, the

         18    contract people, the Admin people work very closely with our

         19    office, and we do a good job in that area.

         20              COMMISSIONER DICUS:  Okay.  Thank you, Mr.

         21    Chairman.

         22              CHAIRMAN MESERVE:  Mr. Dias?

         23              COMMISSIONER DIAZ:  Mr. Chairman, I'd like to

         24    start with Mary, and Mary, I want to personally thank you

         25    for your very brief but very provocative thoughts.  I think

                                                                      40

          1    we should probably focus for a minute on your very first

          2    statement, that you believe there is no significant progress

          3    that has been made, and I think, you know, I person -- my

          4    fellow commissioners are very sensitive to that.

          5              Let me explore this a little bit with you.  In a

          6    very simple manner, the success or lack of success on EEO

          7    programs could be divided in two aspects, in two areas.  One

          8    is programmatic.  Do we have all of the things that

          9    programmatically should be done?  Are all the push buttons

         10    in the right place?  Are all those things that an agency

         11    should establish, are they there?  Are they effective? 

         12    That's one aspect of it which is, of course, the one that

         13    we've been addressing, you know, a lot this morning.

         14              There's another aspect which is as important,

         15    which is the cultural aspect.  Are these programs being

         16    effective because they're being embraced, they're being

         17    received properly?  Are programs in place but not really,

         18    you know, going through the ranks?  You know, is there a

         19    cultural problem in, say, this person speaks a little

         20    different, looks a little different, you know, moves around

         21    a little different, reacts a little different, and is that a

         22    cultural problem?  Have we gone above the point where this

         23    agency is capable of saying there is no cultural problem, or

         24    is there a cultural problem?

         25              So, two areas for you, please.  When you said no

                                                                      41

          1    significant progress, the first one is programmatically, do

          2    we have the things that we should have.  Second, are those

          3    programs effective or not effective with no significant

          4    progress because the cultural issue is still there and is an

          5    impediment to progress.

          6              MS. GIVVINES:  I'm also going to ask my fellow

          7    co-chairs to help me out.  I think programmatically, we

          8    probably do have the systems in place to achieve their

          9    goals.  However, I believe that there needs to be continued

         10    awareness and planning, and it needs to be more of a

         11    coordinated effort to achieve our goals.  So, I mean, that's

         12    a very simple answer.  Would anybody want to add anything to

         13    that?  We do believe the agency has what it needs to in

         14    place, but just the continued effort and awareness.

         15              For the second one, actually the Committee on

         16    Joint Labor could probably address that better than I, but

         17    they have brought up the issue of communications.  They feel

         18    like there is a problem with communicating with some of the

         19    ethnic groups, and they do think it is a communication

         20    issue, and that maybe perhaps management needs to focus on

         21    training development in that area and needs to be more

         22    sensitive to that issue.  I don't know if you want to wait

         23    to talk about that.

         24              MR. EID:  Can I comment now?

         25              CHAIRMAN MESERVE:  Yes, if you'd like to make a

                                                                      42

          1    statement now on that subject, it would be fine.  We will

          2    call on all of the members of the Committee for their

          3    additional comments if they'd like to make them, but if

          4    you'd like to respond to the specific question that

          5    Commissioner Diaz has raised, that would be fine.

          6              MR. EID:  Good morning.  I would like to thank you

          7    for giving me the opportunity to say something about EEO.  I

          8    have waiting for a long time to say something about it.  I

          9    do believe yes, it is a problem.  We need to improve

         10    communication skills within the agency at all levels, at the

         11    management level as well as at the staff level.

         12              Concerning the staff level, we need to improve and

         13    develop plans and courses for training on oral and written

         14    communications within the staff because management, they

         15    perceive that certain minority staff, they are not able to

         16    communicate.  In addition, also in the rating factors, you

         17    will find most of these rating factors, they include the

         18    factor of written and oral communication.  Therefore,

         19    managers and review panels, they perceive certain minority

         20    groups, they do not know how to communicate, unfortunately. 

         21    Some of it could be true, others it is not true.  It is just

         22    perception sometimes.  So, I believe we need to improve in

         23    this area.

         24              In addition also, that we need to establish means

         25    that the managers understand the cultures.  Unfortunately

                                                                      43

          1    sometimes managers, they do not understand the cultures and

          2    the proper means of communications with the staff.  That's

          3    another issue also, we need to improve on it.  I will

          4    elaborate more in my presentation and my briefing on that,

          5    and I will let it to that time when my turn comes.

          6              COMMISSIONER DIAZ:  All right.  Let me now turn to

          7    Ms. Little with a similar type because it appears that not

          8    only your office, but you know, everyone represented at the

          9    table, and they try to establish programs, and I think

         10    that's a very important thing.  Programmatically, that's the

         11    only way you can address tracks and so forth.

         12              The question is are they being as successful as

         13    they could be, and if so, is the reason obviously not

         14    programmatic.  Is the reason that we are not being capable

         15    of breaking into this communication barrier of the

         16    importance to this country of having a diverse workforce or

         17    the importance for every single one of us to have this equal

         18    opportunity.  You are in the very, very unique position to

         19    provide a response.  Where is the problem?  Is the problem,

         20    you know, someplace beyond your reach?  You obviously have

         21    the elements and you have been, I hope, supported by Ms.

         22    Norry and the EDO and hopefully by the Commission to

         23    establish the elements.  Where is the most significant

         24    progress from your perspective, you know, essentially

         25    happening?  Why?  I think we have to admit that a

                                                                      44

          1    representative of the advisory council, and there is people

          2    that, you know, it's an issue that we have face.  There's

          3    been progress, but if in the year 2000, there's no

          4    significant progress, we should listen to it.  So, where is

          5    it happening?

          6              MS. LITTLE:  That's a tough question.

          7              COMMISSIONER DIAZ:  I believe so.

          8              MS. LITTLE:  I think a prerequisite question is

          9    how do you measure success, and if we look at only the

         10    numbers, we might see that we have made some progress, as

         11    indicated by Dr. Travers' statement.  If we look 25 years

         12    ago and today, we do see some changes in the numbers.  If we

         13    look five years ago and today, we may not see a significant

         14    change in numbers, and when you don't see that, then where

         15    do you go to measure progress?  Our emphasis over the past

         16    two, three years has been not simply on numbers because when

         17    you're in a downsizing environment and your numbers are

         18    going down, your minority numbers are going to go down as

         19    well.  So, we're looking for balance in that process so that

         20    whatever is adversely going on in the agency, minorities do

         21    not get a disproportionate impact of that adversity.  That's

         22    one thing we look for.   I think we've been fairly

         23    successful there.

         24              The other area that we're looking at is

         25    communication, and we know that effective communication in

                                                                      45

          1    the agency needs to be improved.  We know that.  Many of the

          2    EEO complaints and other issues that come to us when we sit

          3    down and sort them out, they are lack of communication, poor

          4    communication, miscommunication problems.  We know that. 

          5    How we solve that we're not sure.  It's going to take an

          6    effort on the entire agency's part to do that.  I think that

          7    office directors and managers and I think certainly my

          8    bosses, and I'm sure you know that emphasizing effective

          9    communication is one way to do it, talking about it, having

         10    meetings with employees and sharing information with them. 

         11    There are just a variety of ways we need to do that, being

         12    sensitive to the fact that employees want to know what's

         13    going on as soon as they can and being very open with them.

         14              When we look at performance appraisals, for

         15    example, and talk to managers about that, traditionally the

         16    agency has had a high number of outstanding performance

         17    appraisals, but when we talk to managers about whether these

         18    outstanding -- people that are rated outstanding are ready

         19    to move up into something bigger and better, we might hear a

         20    different story.  So, there's been an emphasis on providing

         21    candid feedback to employees.  We know we have a problem in

         22    that area.  We're trying to work to improve that.  Managers

         23    should in an ongoing manner, at mid-year, in the performance

         24    appraisal process, be candid with employees on what the

         25    problems are and then talk about how to resolve the problem,

                                                                      46

          1    how to remedy the deficiencies and how to help them become

          2    stronger in their weak areas.  So, when we look at that, I

          3    think we're making some progress there.

          4              In the operating plans of the office directors, we

          5    see now that many of them are having routine all employee

          6    meetings and sharing things with them and talking about what

          7    the strategy is in their particular offices and where

          8    they're going to go.  These are the kinds of things that I

          9    think make employees feel valued.  They want to feel that

         10    they're part of the decision making process that will impact

         11    them, and I think we are making some strides in these areas,

         12    but that's an area that's difficult to measure, and it takes

         13    awhile to see change.

         14              COMMISSIONER DIAZ:  In think this is something

         15    that we really need to think through.  I believe there is an

         16    interface in here that needs to be addressed, probably

         17    better.  You know, I just share with you a recent

         18    experience.  I just took a few days, went to Florida,

         19    actually spend most of my time by some reason or another

         20    dealing with affirmative action, especially on the college

         21    level and equal employment, just as somebody that's been

         22    around.  It repeatedly came out that most places have

         23    programs, but they need to be able to go the next mile. 

         24    Sometimes it is not going and fertilizing the tree. 

         25    Sometimes you need to check it, and that's a very important

                                                                      47

          1    part of the process.  You need to check the tree.

          2              Finally, one comment, Mr. Chairman.  I guess I

          3    wouldn't be myself if I wouldn't make a little statement

          4    sometime.  I think that of all of these things that we keep

          5    hearing, we keep coming back to the, I would say, the lack

          6    of performance on the area of Hispanics, hiring, promotions

          7    and so forth.  This is an issue that it's, you know, I know

          8    it's difficult, but I keep reading about the very dynamic

          9    Hispanic war force that is moving out into this country, the

         10    numbers and the quality.  We need to grab our share.  What

         11    we are not doing well, we need to find out whether it is

         12    programmatically or culturally, there is something that

         13    we're not doing right.  It might be that everybody's not

         14    doing it right also, but I don't care for the rest of the

         15    federal government.  I care for what the NRC does, and we

         16    need to do better.  Thank you, Mr. Chairman.

         17              CHAIRMAN MESERVE:  Mr. McGaffigan?

         18              COMMISSIONER McGAFFIGAN:  Let me first say that I

         19    agree with Commissioner Dicus about entry level hiring.  I

         20    think the more of that we can do, the better.  I know

         21    Chairman Meserve just came from a law firm, and I don't law

         22    firms would function without the entry level hires who work

         23    80-hour weeks and bill lots of hours.

         24              CHAIRMAN MESERVE:  That bill 80 hours a week.

         25              COMMISSIONER McGAFFIGAN:  That bill 80 hours,

                                                                      48

          1    right.  Work 120 in order to bill 80.  I recall when I

          2    started government in 1976 as a young foreign service

          3    officer, you know working very, very hard and hitting the

          4    ground running and hopefully not stopping.  Lots of people

          5    -- I think the notion the younger folks can hit the ground

          6    running is just mistaken.  You know, the danger is that

          7    they'll run circles around the older folks, and so I just

          8    want to echo that.

          9              On the Hispanic issue, I know, and I've mentioned

         10    this before at briefings, the Pentagon has a program which

         11    is mandated in law to work with Hispanic serving

         12    institutions, and that obviously gives them some

         13    relationship when they're hiring from Hispanic serving

         14    institutions.  They have obviously a $30 billion research

         15    budget, a couple billion of which probably gets spent at

         16    universities, so it's a different kettle of fish.

         17              Is there anything that would stop us, in addition,

         18    just as a matter of agency initiative, given the two percent

         19    numbers that we hear, to start an Hispanic serving

         20    institution research effort and just, you know, do it by,

         21    you know, there's not an executive order, there's not a law,

         22    but just do it?  Just say we're going to try to have a

         23    parallel goal in working with Hispanic serving institutions,

         24    because some of them are pretty darn good schools.  I think

         25    New Mexico State is Hispanic serving.  I think the

                                                                      49

          1    University of New Mexico is.  Some of the California schools

          2    are.  Some of the Florida schools are.  You'll get some

          3    pretty good science, and I think it will also help you to

          4    recruit.

          5              You know, when I was entering government, I

          6    entered as an FSO.  I didn't think of -- I guess this place

          7    existed in '76.  I didn't think of this place, although I

          8    might have.  I was headed into the foreign service.  I had a

          9    technical background, which the foreign service welcomed. 

         10    You got to be there on the campuses for people to even think

         11    of you, I think, and so -- and that leads to -- I just

         12    suggest that we think about it.  I'm not sure -- there may

         13    be impediments that I'm not aware of, but some sort of an

         14    initiative with Hispanic serving schools that -- okay, here

         15    are the lawyers moving in their seats, so I should listen to

         16    Karen first to find out if I'm illegal.

         17              MS. CYR:  I think it's something that we'd have to

         18    look at because we do, for instance, where we do have like

         19    historically black colleges, we do have a specific executive

         20    order of authority to do that.  So, I think it's worth

         21    exploring, but I think, just to make sure we would have a

         22    legal basis.  I can't answer you now whether it is or not,

         23    but I think there would be a question that we'd have to make

         24    sure that we do have a basis to do that.

         25              COMMISSIONER McGAFFIGAN:  The intern program, I

                                                                      50

          1    know, obviously from the statistics, it's been successful,

          2    but do we also participate in the broader intern programs in

          3    government, the presidential management intern program and

          4    programs like that that bring -- I know that the law folks

          5    do.  We have law interns, but do we compete in the

          6    presidential management intern pool that will, you know,

          7    that goes to the -- a lot of folks -- when I was at the

          8    Kennedy School, a lot of folks were recruited into

          9    government through the presidential management intern

         10    program.

         11              MR. BIRD:  We're not a formal entry into that

         12    program, a direct affiliate.  However, we take advantage of

         13    the applicants that are provided through that program.  In

         14    fact, we just received a package of -- it must be 900 or

         15    1,000 applications that have been applied to this year.  We

         16    are planning to participate in a job fair where a large

         17    number of these students will come to town, and all the

         18    agencies would be there together competing.  We're looking

         19    through those and identifying those that might have a

         20    background suitable to us.  So, we're participating in the

         21    sense that we're there as a recruiter.  We're not

         22    participating in the sense that we set up jobs specifically

         23    designed to bring people into the agency, but that is

         24    something we could also look at in this regard.

         25              COMMISSIONER McGAFFIGAN:  It just depends what --

                                                                      51

          1    you have more knowledge than I do -- as to what sort of

          2    people compete in the presidential management intern program

          3    and whether they would be attractive.  You know, there are

          4    people at places like the Kennedy School or other schools

          5    that have technical backgrounds in addition to getting the

          6    management credential, but they've made a choice that they

          7    want to go on and work in government.  So, it's a nice pool. 

          8    At least they might work in government for awhile.

          9              MR. BIRD:  Absolutely, and technical applicants

         10    are included there, although they are probably not the

         11    majority of applicants.  There are many public policy

         12    background people, and certainly we will have some interest

         13    in that as well for the non-technical jobs, but it's quite a

         14    package of talent, if you will.

         15              COMMISSIONER McGAFFIGAN:  Ms. Givvines, the issue

         16    of whether we're making progress or not, and you cited a

         17    bunch of statistics, and I guess the question always is, and

         18    we've had this conversation at these meetings before, is the

         19    glass half full or half empty, but looking around at the

         20    classes that I was in 25 years ago or more, it was almost

         21    entirely white males in the room, and I was in technical

         22    courses.  We are a highly technical agency, and I don't find

         23    it that surprising that white males are 72 percent of the

         24    senior level and management positions given what I'm aware

         25    of in the way of people who were in school a quarter century

                                                                      52

          1    or more ago who tend to be the people who are in the

          2    positions today.

          3              If we're a highly technical agency and minorities

          4    and women are underrepresented in the technical degree

          5    programs at universities 20 or 25 or whatever number years

          6    ago, isn't it inevitable that you're going to have

          7    statistics like that?  You know, you'd have huge reverse

          8    discrimination or something if you didn't have an outcome

          9    somewhat similar to that, wouldn't you?

         10              MS. GIVVINES:  Right.  We just believe that we

         11    should continue doing what we can with the current employees

         12    that we have, increasing their development, attracting more

         13    entry level, you know, going to -- it's just more of an

         14    awareness and more of an effort on our part.  That may be

         15    true, but I think that trend may be changing also.  I think

         16    --

         17              COMMISSIONER McGAFFIGAN:  I hope it does.  I mean,

         18    you know, I've got a daughter who I'm trying to sitting

         19    Algebra at the moment, and I'm starting to worry about her

         20    going into technical.  She's always gotten A's, but she's

         21    starting to resist Algebra, and Trigonometry --

         22              MS. LITTLE:  I resisted Algebra.

         23              COMMISSIONER McGAFFIGAN:  Yeah, Trig and Geometry

         24    may be equally resisted.  I'm going to try to get her

         25    through it, but I want the opportunity, and I think the

                                                                      53

          1    question really is working with the workforce you have,

          2    being fair and being fair to all, it's equal opportunity. 

          3    It can't be equal outcome if, you know, if indeed most of

          4    our workforce at senior levels is white males who went

          5    through those, you know, nuclear engineering and mechanical

          6    engineering or whatever courses, you know, a quarter century

          7    ago.  It's -- I don't know.

          8              MS. GIVVINES:  And I just want to emphasize the

          9    point that I think we just need to make more of an effort. 

         10    It's more of an awareness.

         11              COMMISSIONER McGAFFIGAN:  I agree.

         12              MS. GIVVINES:  And it might be difficult, and I

         13    think it would be -- I mean, it is a challenge, but I still

         14    believe, or we still believe, more can be done, and it's

         15    some of the things that we talked about earlier, the entry

         16    level programs, going out to some of these minority schools. 

         17    There's the SES candidate development program.  That's one

         18    way to get people into senior level.  There's other

         19    feeder-type groups.  There's the federal women's executive

         20    leadership program, so there are other means.  We just want

         21    to make sure we're taking advantage of all of the

         22    possibilities.

         23              COMMISSIONER McGAFFIGAN:  Thank you.

         24              MS. LITTLE:  Commissioner, if I could just comment

         25    on that.  There are two sides to an EEO program.  One is we

                                                                      54

          1    should be fair to the employees that are in the market.  The

          2    other side is one of the reasons that women and minorities

          3    are not in the market are not qualified and trained in some

          4    of the jobs and have not traditionally been so is that there

          5    was no market for them to use those skills.  So, the other

          6    side of it is we want to create the market.  We want to

          7    create the demand so that minorities and women will go into

          8    those areas of expertise, and that way they're there for us

          9    at the point they get through the program.  So, we need to

         10    do more of that.  I think I would agree with Mary.  We need

         11    to continue to do that.

         12              COMMISSIONER McGAFFIGAN:  I agree with that.  I'm

         13    not sure that we can much influence the decisions that young

         14    people are making, this institution.  I mean, the government

         15    as a whole can, but this institution can't influence, you

         16    know, the 17-year old or the 14-year old or the 18-year old

         17    in terms of choosing to go into a technical discipline as

         18    opposed to following where the market tends to tell them to

         19    go these days, which is into internet -- you know, maybe we

         20    could change our name to nrc.com and we might get a lot of

         21    folks very interested in us all of a sudden, but I don't

         22    know whether we could get a majority of the Commission to

         23    change that.

         24              CHAIRMAN MESERVE:  Commissioner Merrifield?

         25              COMMISSIONER MERRIFIELD:  Thank you, Mr. Chairman. 

                                                                      55

          1    You know, it's not always an occasion where the Commission

          2    does self-promotion, but I'm going to do one of those today. 

          3    A commission can lead by its statements or a commission can

          4    lead by action, and I just want to note -- I'm sure some

          5    have noticed but probably all haven't noticed -- there have

          6    been some recent changes at the Commission level in terms of

          7    staffing.  Today for the first time, or maybe not today but

          8    in the next few days, for the first time, Commission offices

          9    at the EA level will be comprising a majority of females. 

         10    Three out of the five as of April 1 will be females.  Maria

         11    Lopez-Otin with Commissioner Diaz' office, Lynne Stauss of

         12    my office, and Janet Schluter, who will be heading up

         13    Commissioner McGaffigan's office.  Also noteworthy, that

         14    females will make up a majority of those three offices

         15    overall as well.  So, I think we all are trying.  I don't

         16    want to focus just on the three of us.  I know we all are

         17    trying to make sure we have sufficient diversity in our

         18    offices to show some leadership.

         19              Ms. Givvines, I want to, I had an opportunity to

         20    meet with the group and some of the other advisory

         21    committees, and I want to focus on the last of the five

         22    recommendations, and that is SBCR should report directly to

         23    the Commission on issues of EEO concern.  I know we've

         24    discussed this, and from my own standpoint, I have very good

         25    relations with Irene.  She brings many issues to me directly

                                                                      56

          1    and feel comfortable with the level of information and

          2    interaction, but I'm wondering what is it that's missing,

          3    you believe, in your interactions with the Commission that

          4    would necessitate making this kind of a change?

          5              MS. GIVVINES:  I think overall, just like anything

          6    else, if we feel if it's elevated, it will receive greater

          7    attention.  I mean, that's I think the bottom line.  When

          8    you get greater attention, you tend to achieve better

          9    results.  Let me just pass that on to see if anybody else

         10    has any further comments.  Anyone want to add to that?

         11              It's just a feeling that if you raise it up.

         12              MR. THOMAS:  My name is Brian Thomas, and I'm with

         13    the Advisory Committee for African Americans.  What Mary

         14    said is correct.  We talked about the provocative statement

         15    in the joint statement that says progress has not been

         16    significant.  Well, just from a perception standpoint and

         17    also from a frustration standpoint, you know, we believe

         18    that maybe if we elevate the concerns between SBCR and the

         19    Chairman, then there will be greater attention, greater

         20    focus paid to the issues.  The other thought that we had

         21    when we got to this is that when a request or direction

         22    comes down from the Commission level, from the Chairman, it

         23    tends to be more of a desire on the part of management to do

         24    something about it.

         25              What we have seen is that when we get requests and

                                                                      57

          1    directions from the EDO's office, it's more in the spirit of

          2    encouragement.  It's more in the spirit of advisement,

          3    recommendations.  So, from that perspective, we think

          4    there's room to get more action, more progress, if things

          5    are elevated to the Chairman's level.

          6              COMMISSIONER MERRIFIELD:  Thank you.  I've got

          7    some other questions, and we can sort of succinctly go

          8    through these.  I'd like to cover a few areas.  Mr. Bird, I

          9    was reviewing the statement presented by the Hispanic

         10    Employment Program and Advisory Committee, and one of the

         11    lines was somewhat troubling, that HEPAC members have

         12    consistently assisted the Office of Human Resources in

         13    identifying several good prospects from a recruiting trip. 

         14    However, the agency did not follow through after this

         15    initial identification, resulting in none of these Hispanics

         16    being hired.  I was just wondering if you could just address

         17    that and if there are changes that you've made to make sure

         18    this doesn't happen in FY 2000 and going into 2001.

         19              MR. BIRD:  Yeah.  You know, we will come back

         20    sometimes with candidates for jobs for which we haven't

         21    established jobs.  A candidate pool is very good, but there

         22    may not be a job on the other end, in which case we don't

         23    have an offer to make.  We're not in the position to make

         24    that offer.  I know that's happened on occasions.  What we

         25    try to do is retain the applicant, keep them interested and

                                                                      58

          1    maintain that until perhaps there is a job that would be

          2    established for which they could certainly apply and be a

          3    good candidate.  I'm sure there are situations where we

          4    weren't as timely as we would like to be in getting those

          5    applications out to the supervisors who have the job

          6    opportunities, and we're working hard on that to make sure

          7    that when we're back from a recruitment trip, we're

          8    immediately trying to get those applications out.

          9              Dee Willner, who we mentioned earlier, is very on

         10    top of that.  We have an applicant supply file, but again,

         11    that's somewhat of a bureaucratic process.  If it goes into

         12    the supply file before we make it available, then it goes

         13    through a routine of getting out there and perhaps not in a

         14    timely fashion.  So, we're trying to deal with that.  We get

         15    a very large volume of applicants, certainly far more

         16    applicants than we have positions.  While we've been

         17    downsizing, that's been particularly true.  Many times we'll

         18    get applicants at an entry level, and we'll have no entry

         19    level jobs, and that's been a consistent problem.  To the

         20    extent we establish more entry jobs and have them available

         21    and acknowledge, we're going to have far more success going

         22    on campuses and getting a direct relationship between the

         23    applicants and the job, and we need to focus on that and

         24    continue to improve it.

         25              COMMISSIONER MERRIFIELD:  Perhaps some of that

                                                                      59

          1    comment was historic and perhaps would be improved by the

          2    addition of Ms. Willner.

          3              Ms. Norry, I know we have -- the Commission has

          4    made a significant commitment in terms of saying that we

          5    want to improve the training of our staff.  The action to

          6    vote, I believe, that the Commission recently took on the

          7    technical training center is part of that effort.  Let's

          8    improve our quality and level of training.

          9              I want to focus on your thinking in terms of our

         10    Asian workforce.  Are we providing sufficient opportunities

         11    out there with some of our older workforce members to make

         12    sure that they, too, are receiving appropriate training at

         13    that stage in their career.

         14              COMMISSIONER McGAFFIGAN:  Yes, in the area of

         15    technical training, it's focused on job requirements, as you

         16    know, and that, of course, cuts across all age groups, so

         17    --and that would also apply to management training. 

         18    Management training has been an area where in the last

         19    couple of years, we've had to put increased focus, and we

         20    were supported in the budget last year by getting a very

         21    robust training budget which should now enable us to provide

         22    training across the board.  I don't believe we have a

         23    problem in not being able to provide training to all age

         24    groups.  Is that correct, Paul?

         25              MR. BIRD:  I don't know of any problem.

                                                                      60

          1              COMMISSIONER McGAFFIGAN:  Right.

          2              COMMISSIONER MERRIFIELD:  Well, we may need --

          3    that's one thing I'm interested in.  We need to make sure

          4    we're getting plenty of opportunities.  It may very well be

          5    that we are doing the right level.

          6              Ms. Little, you spoke about the historic black

          7    college program, which I think is a very positive one.  One

          8    of the things we also talked about today was the fact that

          9    we are providing an increased emphasis on our co-op program. 

         10    Is there interaction there?  Are we able to take the nexis

         11    that we have with the historically black colleges and try to

         12    get perhaps more of those individuals in through the co-op

         13    program or through the recruitment efforts of Ms. Willner? 

         14    Do you think that's an opportunity for us?

         15              MS. LITTLE:  I think the lawyers will bear me out

         16    on this one.  Because we're involved with a contract-type

         17    arrangement and paying for the research that the

         18    historically black college faculty and students are doing,

         19    we really cannot use that as an employment program.  Some of

         20    the applicants might apply for a job, but I don't think we

         21    can explicitly use that as a recruitment tool because of --

         22    it's a contract arrangement with us, at least that's our

         23    understanding.

         24              MR. BIRD:  On the other hand, the co-op program is

         25    a perfect avenue to tap talent early on in a college career. 

                                                                      61

          1    Now it's dipped down to the point that even freshmen and

          2    sophomores are being identified by agencies such as ours,

          3    brought into a co-op arrangement wherein they can come in on

          4    working semesters, receive experience, in some cases receive

          5    credit, and then in the end, they're employable by us.  We

          6    can employ them without further competition after they've

          7    come through the co-op program, so they're kind of separate.

          8              COMMISSIONER MERRIFIELD:  In a nutshell, have we

          9    focused any of our co-op efforts on those historically black

         10    colleges?

         11              MR. BIRD:  Yes, in the past.  That program

         12    diminished again in our heavy downsizing.  We're

         13    re-emphasizing that program again, and look at it as the

         14    parallel's entry level hiring.  We're going to need to do

         15    more with the co-op program in order to get the entry level

         16    hires we want. So, there's a particular emphasis now on

         17    re-establishing that, and again, our recruiter is working

         18    toward that end.  These are formal agreements with colleges

         19    and universities, and our focus for developing those

         20    agreements is on minority schools.

         21              COMMISSIONER MERRIFIELD:  One last question, and

         22    I'm directing this towards Dr. Travers and Ms. Norry.  One

         23    of the things that we can do -- you know, obviously there

         24    have been some issues raised by the advisory committees

         25    about sensitivity that our managers have about the EEO

                                                                      62

          1    program.  Have we thought or can we think about perhaps

          2    establishing a special award or identifying particular

          3    office managers, directors, or regional administrators who

          4    have had particularly outstanding programs, i.e., can we

          5    provide a financial incentive in the program?  Have we

          6    thought about that, to reward those who have done a

          7    particularly outstanding job on recruitment in terms of

          8    raising EEO issues within their own staff?

          9              COMMISSIONER McGAFFIGAN:  In terms of financial

         10    incentive, we have included in the past NRC awards programs

         11    people who have been recognize for their efforts in EEO, and

         12    these have included managers who have shown outstanding

         13    records.  I think it's also of interest to note that this

         14    does not get into the financial, but each of the advisory

         15    committees, when they have their programs, their annual

         16    programs, to recognize their particular minority group and

         17    generally give awards as the recognition of employees who've

         18    contributed a lot to EEO.  Those are not financial, but

         19    those do give agency-wide recognition.

         20              DR. TRAVERS:  Any strategy for success needs to

         21    consider rewards, in my view, appraisals, rewards.

         22              COMMISSIONER MERRIFIELD:  I agree with that.

         23              DR. TRAVERS:  So, I think it's a fair question,

         24    and it's one that we ought to think about some more.  I

         25    mean, in the context of making some advances in what we

                                                                      63

          1    think is a pretty good emphasis by the management crew today

          2    on EEO issues, this might help.

          3              COMMISSIONER MERRIFIELD:  Thank you, Mr. Chairman.

          4              CHAIRMAN MESERVE:  I'd like to give -- I know that

          5    Ms. Givvines has provided us with a joint statement on

          6    behalf of the various EEO advisory committees, but I would

          7    like to provide an opportunity for each of the

          8    representatives of those committees to make a statement to

          9    us if they would choose to do so.

         10              MS. CHEN:  Good morning.  We would like to thank

         11    you for the opportunity to brief you on some of the selected

         12    EEO issues that continue to affect NRC Asian Pacific

         13    American employees.  We brought to your attention last time

         14    a concern on the limited representation of Asian Pacific

         15    American employees in the supervisory, management,

         16    executive, and senior level positions.  There is also a

         17    shortage of potential candidates in the feeder groups for

         18    these positions.  The result of the last SES candidate

         19    development program selections did not seem to help

         20    improving the agency's to achieve a more diverse environment

         21    in management and supervisory positions, so we have a

         22    concern there.

         23              Also, last time we brought to your attention the

         24    issue associated with longer than time in grade for Asian

         25    Pacific American males, especially in grade 14.  We made

                                                                      64

          1    some recommendations to management to better prepare

          2    employees for future opportunities, and we believe that

          3    exposure and recognition are key to resolve this issue.  We

          4    are encouraged that some of our recommendations were

          5    implemented, although fruition has not been a reality.  We

          6    believe that positive results attainable, and we will

          7    continue to monitor the progress of the management

          8    initiative.  Thank you.

          9              CHAIRMAN MESERVE:  Thank you.

         10              MR. IBARRA:  Chairman, Commissioners, thank you

         11    for the opportunity to say a few words.  It's nice to see

         12    the Hispanics get highlighted each time, and I would hope

         13    that that leads to positive results.  We were a little bit

         14    discouraged that in the recent candidate development

         15    program, no Hispanics were selected.  This, of course, is a

         16    very important program.  It leads to possible entry into the

         17    SES in the future.

         18              It has been about 16 years since we saw the last

         19    Hispanic enter SES.  Part of the reason for no Hispanics

         20    being selected is the fact that there is lack of Hispanics

         21    in the feeder groups.  For instance, it has been eight years

         22    since the last Hispanic has been promoted to a GG-15

         23    position.  It also seems that one of the selection criteria

         24    for selection into the candidate development program was to

         25    have extensive supervisory experience.  There are only three

                                                                      65

          1    GG-15 level supervisors that are Hispanic.  So, taking these

          2    things into account, the future doesn't look bright in the

          3    near future.  In fact, we estimate it's going to take

          4    another ten years before the next Hispanic enters the SES

          5    ranks.  Hispanics need to be better represented in the near

          6    future in the SES ranks.  Thank you.

          7              MR. THOMAS:  Again, my name is Brian Thomas, and

          8    I'm co-chair of the Advisory Committee for African

          9    Americans.  On behalf of the committee, I'd like to thank

         10    you for the opportunity to address EEO issues before the

         11    Commission that affect African Americans here at the agency.

         12              The ACAA, we have a number of EEO concerns, but

         13    I'll try to limit them to our top three issues today, which

         14    has been discussed at the table so far.  Namely, those are

         15    the underrepresentation of African Americans in the SES

         16    management and supervisory levels, and the underutilization

         17    of the upward mobility program, to the extent that it does

         18    not necessarily benefit African Americans.  Also, the issue

         19    that there's a need to establish criteria for evaluating

         20    management's performance.  In that, there needs to be a

         21    better method of getting managers to focus on their

         22    contributions to EEO, to improve the EEO program.

         23              I'd like to emphasize that again, we strongly

         24    support the statement in the joint statement, that in our

         25    view, progress has been very slow, very gradual over the

                                                                      66

          1    years.  You know, I've been involved in these issues that

          2    are going back to, I believe it was 1986, and so I've seen

          3    some of the progress so far.  I have to submit that it is

          4    very, very gradual.

          5              With regard to the issue of underrepresentation in

          6    the SES and management supervisory level is just to add to

          7    the demographics that Mary presented in a paper, I'd like to

          8    point out that only 6.4 percent of the SES pool of 140 is

          9    African Americans.  There are seven African American men and

         10    two African American females, and they were more recently

         11    promoted to SES.  Basically over the last five years, the

         12    number has -- well, over the last three years, that number

         13    has been reduced.  I believe it was eight percent in '98,

         14    more like nine percent.  Well, it's currently 6.4 percent. 

         15    I think it was nine percent in '97, or I may have the

         16    numbers switched around, but the trend is downward.

         17              Basically the trend is downward.  So, the point is

         18    that there is a considerable disparity in the demographics

         19    if you look at African Americans representing 13 percent of

         20    the labor force.  This issue is of significant concern to us

         21    because also, of the nine African Americans, eight of them

         22    are, I believe, over the age of 50.  So, if we try to

         23    speculate what would happen over the next five years, we

         24    estimate that there will be a further reduction in our

         25    representation over the next five years of African Americans

                                                                      67

          1    in the SES levels.

          2              To say the least, this, you know, the SES

          3    candidate development program is not very supportive

          4    currently of improving that future outlook.  As Mary

          5    mentioned, there were four minorities out of a field of 24. 

          6    Two of them were African Americans.  So, you know, we'll

          7    keep beating that issue, that the SES candidate development

          8    program could have been better utilized to develop

          9    minorities and African Americans so that they could aspire

         10    into the SES ranks.

         11              Another approach we would like to -- and I'm going

         12    to try to make this brief.  Another approach we'd like to

         13    recommend to agency management is if they don't see that

         14    they're qualified members within the agency for promotion

         15    into the SES ranks, then why not hire from the outside?  You

         16    know, why not go out and bring in some folks at the SES

         17    level?

         18              A second issue is the upward mobility program, and

         19    you know, a fair amount's been said about that.  Certainly

         20    we'd like to see it better utilized for advancing African

         21    Americans.  There were some notable things that were said by

         22    Ms. Norry as to things that are being done.  We'd like to

         23    recognize that the Office of Administration, along with

         24    Region Four in FY '99, I believe, combined had like six

         25    positions that were filled through upward mobility.  The

                                                                      68

          1    problem with that is that the program itself is not well

          2    advertised.  A lot of folks out there, especially in the

          3    African American community, are questioning, you know, what

          4    is it exactly.  How can they utilize it to their advantage,

          5    and you know, how can it best benefit us.

          6              So, we feel that more positions agency-wide should

          7    be established.  A lot more offices should follow suit with

          8    the Office of Administration in the region.  We would like

          9    to recommend that if it's one or two positions, that they be

         10    set aside annually and get promoted as upward mobility

         11    positions, and that's agency-wide.

         12              A third issue, which is the establishment of

         13    criteria for evaluating EEO performance, again, I'm happy to

         14    hear some of the things that's being done there.  I'm

         15    familiar with some of the efforts, but I got to say, this is

         16    an issue that deals with responsibility and accountability,

         17    and basically we're saying if the agency is to have a

         18    successful EEO program, it should place the burden and the

         19    responsibility for contributing to that program on the backs

         20    of its managers.  In other words, their performance in EEO

         21    should be evaluated and, you know, short of having another

         22    idea, our idea is that elements and standards be

         23    established, you know, as the mechanism for evaluating how

         24    the agency managers are doing in this regard..

         25              Ms. Norry did issue a memo back in May of 1999

                                                                      69

          1    that requested that managers in their performance appraisals

          2    identify specific EEO accomplishments.  We would certainly

          3    like to get some feedback on an assessment of the responses

          4    to that request and to get a sense of how is the agency

          5    doing with its current criteria, which is really just a

          6    sub-element under the element of human resources to look at

          7    the EEO.  Thank you.  I appreciate it.

          8              MR. COX:  Good morning, and again, we appreciate

          9    the opportunity to discuss aging issues with the

         10    Commissioners.  I do represent the Committee on Age

         11    Discrimination, and I'd like to say that we kind of feel

         12    like a square peg in a round hole sometimes because we're

         13    one of the few groups that's really not underrepresented in

         14    the agency, as Dr. Travers said.  The average age now is 48,

         15    so they all come under.  Commissioner Dicus recognizes that

         16    eventually she's going to come under our group, too.

         17              COMMISSIONER DICUS:  Eventually.

         18              MR. COX:  Eventually.  I said eventually.  I think

         19    we have noticed some progress in recognizing aging issues

         20    with the agency.  For example, the Diversity Day and the

         21    Aging Panel.  We appreciate that.

         22              The one issue that we'd like to discuss, though,

         23    that was pointed out in our joint statement is the

         24    appraisals for the technical group, which is the engineers

         25    and scientists, and in particular over 55.  These people

                                                                      70

          1    represent the greatest or the most experienced in health and

          2    safety issues, and yet they appear to get the lower

          3    appraisals.  We are -- Paul Bird has sent out a memo

          4    addressing this issue after the 1999 appraisal went through,

          5    and we will continue to monitor the effectiveness of that

          6    memo with the 2000 appraisals.  Thank you.

          7              CHAIRMAN MESERVE:  Thank you.

          8              MR. EID:  Good morning.  I would like to say first

          9    one thing, that the Joint Labor Management Committee is

         10    different from the other committees.  It's unique because it

         11    represents the point of views of both labor and management. 

         12    Also, this committee does not focus on certain groups.  It's

         13    focused on all NRC population.  Therefore, I hope that you

         14    will take seriously the recommendations that I will bring up

         15    in this briefing.

         16              Before that, on behalf of the Joint Labor and

         17    Management EEO Committee, I would like to thank the

         18    Commission, the EDO and the SBCR for the opportunity to

         19    present the committee views and recommendations regarding

         20    EEO issues and affirmative actions.  In addition, I would

         21    like to thank Commissioner Merrifield for attending our

         22    committee meeting.  It was very inspiring for him to attend

         23    our meeting.  I hope this will be repeated.

         24              The Committee recognizes the extensive effort of

         25    the agency.  We pay lots of effort on EEO issues and

                                                                      71

          1    affirmative actions.  Especially SBCR and HR, I'd like to

          2    give them credit for what they're doing.  They're doing lots

          3    of efforts to achieve the agency goals.  However, our

          4    committee also believes that more tangible progress should

          5    be made, underlying tangible progress.  Therefore, the

          6    Committee would like to bring to the attention of the

          7    Commission and the NRC's management concerns regarding

          8    standing EEO issues and offer recommendations for helping

          9    the NRC plan, track, and resolve EEO issues.

         10              First, I would to add the standing EEO issues and

         11    concerns that were raised previously by our committee and

         12    still pending for resolution.  These concerns and issues

         13    include strengthening and broadening upward mobility for

         14    advancement of minorities and women in professional

         15    positions.  Statistics and data were mentioned before. I'm

         16    not going to repeat those.

         17              We need to improve representation of women and

         18    minorities in management, executives and senior level

         19    positions.  The SES candidate program was an example that we

         20    could not achieve what we wanted to achieve through this

         21    program.

         22              We need to improve hiring, development, mentoring. 

         23    Mentoring was not mentioned, but I believe it is a vehicle

         24    that we could use.  Also we need to improve retention.  Many

         25    of the issues also related to retention of women,

                                                                      72

          1    minorities, and disadvantaged groups.

          2              We need to improve oral and written communication

          3    skills among staff.  We need to improve management

          4    communication, their reception and responsiveness about EEO

          5    issues, goals, and affirmative actions.

          6              There is one additional thing which was not

          7    mentioned.  We need to examine the short term and the long

          8    term impacts of NRC's reorganization on achieving EEO goals

          9    and downsizing.

         10              Having said this, our committee would like to

         11    offer the following recommendations.  There is a need to

         12    develop an effective action plan for the implementation of

         13    EEO goals.  We have goals. We have dreams.  However, we need

         14    an effective action plan.  That's what Commissioner Diaz was

         15    talking about.  This plan should include a time frame, a

         16    means for checking and monitoring affirmative actions.

         17              Then we come to the Commissioner report what we

         18    have done.  We need to develop training programs, along with

         19    incentives to enhance staff effective communication.  There

         20    are already courses that can be taken about developing

         21    communication skills.  What kind of incentive we give for

         22    the staff to take those courses?  Our solution from our

         23    committee previously was the core courses, for example, and

         24    those could improve the rating of the staff in case they

         25    take these courses.  They already exist at the agency.

                                                                      73

          1              We need to establish a framework of specific

          2    responsibilities and procedures for direct coordination

          3    between SBCR and the Commission on one side and between the

          4    EDO, HR, and NRC's key managers on the other side.

          5              We need to develop effective plans and incentives

          6    to hire, retain, and develop women and minorities and

          7    disadvantaged groups.  We need to establish an independent

          8    monitoring vehicle, and I underline independent, monitoring

          9    vehicle to insure progress is made towards achieving EEO

         10    goals.

         11              In conclusion, the joint labor management EEOC

         12    believes that substantive progress on resolving EEO standing

         13    issues and implementing affirmative action goals can only be

         14    achieved and only through the attention and cooperation of

         15    NRC's management at all levels.  It's not just EEO.  It is

         16    required for management at all levels.

         17              Also, our committee mentioned staff initiative. 

         18    Staff, the should have initiative to develop their career. 

         19    They should have perseverance for development and

         20    improvement.  It is not just having the tool.  We need also

         21    the staff to do that.  The EDO and Commission attention and

         22    support and clear direction is also needed.  In general, the

         23    joint labor management EEOC is confident that with

         24    Commission, perseverance, and effective direction, our

         25    concerns would be seriously addressed to insure maintaining

                                                                      74

          1    an effective EEO program within the NRC that benefit all of

          2    us, not just minority groups because we care about the

          3    individual and the human being, all, not just only certain

          4    groups.  Thank you.

          5              CHAIRMAN MESERVE:  Thank you very much.  Mr.

          6    Hearn, would you like to make a statement on behalf of the

          7    National Treasury Employees Union?

          8              MR. HEARN:  Yes, I would.  First of all, I'd like

          9    to say that we support the recommendations of the Joint

         10    Labor Management EEOC Committee.  Another observation I made

         11    was there was concern earlier on in a meeting when it was

         12    stated that in '98, you had 12 EEO complaints, and it went

         13    up in '99 to 16.  The actual number of EEO complaints or EEO

         14    related complaints is much higher.  Our realm of where we

         15    work, especially on complaints, is in the FITA group.  We

         16    have a problem with the way the EEO process is set up

         17    government-wide.  It's not under NRC's influence.

         18              To take an EEO case forward, and I've been

         19    involved in these, and I've done it.  I've been all the way

         20    down to the EEO Commission in Baltimore.  They're tough. 

         21    You not only have to prove the employee was wrong, you have

         22    to prove that they were wrong because of an EEO matter.  The

         23    Supreme Court about five years ago made that second step

         24    very difficult.  So, when an employee comes with an EEO

         25    matter, we usually recommend that he take it through a

                                                                      75

          1    regular grievance because they only have to prove they were

          2    wrong to win something.  We have a number of grievances.

          3              Right now we have -- in headquarters, we have over

          4    60 higher graded duties grievances, and I would bet 50 of

          5    them are EEO related.  They have a much better chance of

          6    showing their cause under the grievance procedure than the

          7    EEO procedure.  These people are not only being denied

          8    promotions, they're doing the work of the higher grade. 

          9    We're trying to get these resolved, and we're having a bit

         10    of a log jam.  We've heard 30 of the cases and have no

         11    responses yet.  Of that 30, probably 25 of them have EEO

         12    overtones.  If they could be freed up, it would do a lot of

         13    good for the program, I believe.  Thank you.

         14              CHAIRMAN MESERVE:  Thank you very much.  I want to

         15    thank all of you for briefings that you have provided for us

         16    this morning.  I know I speak for all the Commission in

         17    expressing the view that the staff is really the central

         18    ingredient to the success of this agency, and it is in our

         19    interest as Commissioners and our interest in being

         20    successful in our jobs in making sure that everyone has the

         21    opportunity to participate in the accomplishments of the

         22    agency, to work in an environment that is absolutely free of

         23    discrimination and have every opportunity for advancement

         24    and opportunity to be hired by this agency.  This is a

         25    central component for us as an agency to be successful in

                                                                      76

          1    achieving our fundamental mission.

          2              We take this briefing this morning very seriously. 

          3    This is a very important matter for all of us, and I would

          4    like to thank you all for your candid and helpful views. 

          5    With that, let me turn to my fellow Commissioners to see if

          6    they have a statement.

          7              COMMISSIONER MERRIFIELD:  I'd just say that I

          8    concur in the Chairman's remarks.  I think we all take these

          9    issues very seriously.  You can tell by the questions that

         10    we do think about these things.

         11              COMMISSIONER DICUS:  If I could just make maybe

         12    one minute.  There were two things that came to mind.  One

         13    of them is to follow on Commissioner Merrifield's comment

         14    about diversity.  I think as I recall from our last

         15    briefing, I think it was Region Four.  Ellis Mershoff was

         16    here, who pointed out as having been very successful at

         17    diversity in Region Four, and he talked about his programs

         18    and what he's done.  So, there has been some recognition of

         19    diversity.

         20              The other thing, it's a comment that, or statement

         21    that Ms. Little made that bothered me a little bit, and that

         22    was the comment at a certain level, people are getting

         23    outstanding ratings, but when you talk to the manager, the

         24    supervisor, can this person go to a higher level, and the

         25    answer in some cases, or maybe a lot of cases, was no, that

                                                                      77

          1    that bothered me because in my mind -- if I heard you right,

          2    in my mind, I heard -- my mind said glass ceiling, so I may

          3    want to pursue this a little bit.  If this is the case, what

          4    are we doing about it, but we're running out of time, so I

          5    appreciate that, but I did hear it and it did bother me.

          6              CHAIRMAN MESERVE:  Good.  Thank you very much. 

          7    With that, we're adjourned.

          8              [Whereupon, at 11:10 a.m., the briefing was

          9    concluded.]

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