U.S. Department of Labor Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, Ohio 45202
Date Issued: Nov. 21, 1990
Case No. 90-ERA-9
In the Matter of
ANN P. HARRIS
Complainant
versus
TENNESSEE VALLEY AUTHORITY
Respondent
RECOMMENDED ORDER OF DISMISSAL
This case arises under the employee protection provisions of
the Energy Reorganization Act of 1974, as amended, 42 U.S.C.
SS 5851. By way of a Notice of Hearing issued on September 6,
1990, the matter was scheduled to be heard on November 27, 1990,
in Knoxville, Tennessee.
On November 20, 1990, there was transmitted to this officer
a Joint Motion for Dismissal, together with a Memorandum of
Understanding and Agreement which incorporates the understanding
of the parties as to a basis for settlement of this case. The
Memorandum of Understanding and Agreement consists of five pages
and is signed by Ann P. Harris, the Complainant, W. P. Boone
Dougherty, counsel for Complainant, and also Dwight E. Nunn, on
behalf of the Respondent. The parties jointly move for an Order
recommending dismissal of this case with full prejudice.
Following due consideration of the Memorandum of
[Page 2]
Understanding and Agreement which is incorporated herein by this
reference and review pursuant to 42 U.S.C. SS 5851(b)(2)(A), I find
it to be fair, adequate, and reasonable, and I believe it is in
the public interest to adopt the Memorandum of Understanding and
Agreement as a basis for the administrative disposition of this
case. This recommendation is being made pursuant to authority
conferred by 29 C.F.R. SS 18.39(b).
In view of my conclusion that the agreed administrative
disposition of this case should be recommended to the Secretary
for approval, IT IS ORDERED that the hearing scheduled in this
matter for November 27, 1990, is hereby postponed.
RUDOLF L. JANSEN
Administrative Judge
BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES
UNITED STATES OF AMERICA
DEPARTMENT OF LABOR
CASE No. 90-ERA-9
ANN P. HARRIS
Complainant
v.
TENNESSEE VALLEY AUTHORITY
Respondent
RECOMMENDED ORDER OF DISMISSAL
The above case came on to be heard, and it appearing
to the undersigned Administrative Law Judge that the parties
have agreed that the matters in controversy in this proceeding
have been fully conciliated by the attached agreement and the
parties have further agreed that this proceeding should be
dismissed with full prejudice; and the conciliation agreement
having been reviewed pursuant to 42 U.S.C. § 5851(b)(2)(A)
(1988) by the undersigned who deems it fair to all parties and
consistent with the provisions of law;
It is hereby RECOMMENDED that the Secretary of Labor
enter an order dismissing this proceeding with full prejudice.
Administrative Law Judge
W. P. Boone Dougherty
Attorney for Ann P. Harris
307 Medical Arts Building
603 West Main Avenue
Knoxville, Tennessee 37902
Telephone No. 615-637-2022
Justin M. Schwamm, Sr. Attorneys for Tennessee Valley Authority 400 West
Summit Hill Drive Knoxville, Tennessee 37902-1499 Telephone No. 615-632-4151
1430g
This Memorandum of Understanding and Agreement entered into
this day of , 1990, by and between
Ann P. Harris aid the Tennessee Valley Authority (TVA) is for the purpose
of setting forth in full the terms and conditions of the agreement for
the settlement of all complaints and claims of whatever nature that
Ann P. Harris may have as of the date of this agreement, arising out of
or related to her employment with TVA, against TVA, in any court of law,
before any administrative tribunal or agency of the Federal Government or
TVA. This agreement shall be subject to review by Ms. Harris' attorney
and TVA for the sole purpose of assuring the legality of the form in
which these terms and conditions are set forth herein but not for the
purpose of reviewing the substantive content of the agreement.
Ms. Harris agrees to cooperate to the extent necessary to have all legal
or administrative actions against TVA dismissed or rendered moot. The
consideration granted by TVA herein is for the sole purposes of
settlement of all of Ms. Harris' complaints and shall not be deemed an
admission of wrongdoing on the part of TVA.
Nothing in this agreement shall be construed to prohibit
Ms. Harris from reporting any suspected instance of illegal activity of
any nature, any nuclear safety concern, any workplace safety concern, or
any public safety concern to the United States Nuclear Regulatory Commission,
the United States Department of Labor or any other Federal or State
governmental agency, and shall not be construed to prohibit Ms. Harris
from participating in any way in any State or Federal administrative,
judicial, or legislative proceeding or investigation with respect to any
claims and matters nor resolved and terminated by this Memorandum of
Understanding and Agreement. It is agreed that the amount set forth in
to knowledge thereof.
The terms and conditions of this settlement agreement are as
follows:
1. TVA agrees to promote Ms. Harris to the position of
Contract Administrator, Pay Group 5, with a salary increase to the
midpoint of the Pay Group 5 schedule plus any cost-of-living award for
FY 1991. The promotion will be effective October 16, 1990.
2. TVA agrees to grant Ms. Harris one month of administrative
leave with pay to allow for transition and acclimation.
3. TVA and Ms. Harris will develop a job description with
responsibilities and duties clearly defined.
4. TVA agrees to provide an Educational Development Assignment
for Ms. Harris and she agrees to participate as follows:
Ms. Harris will attend an educational institution (full
time) for up to four and one-half years to obtain a Bachelor of
Science/Arts degree, and/or other advanced degree. The degree and the
educational institution will be mutually agreed upon between Ms. Harris
and TVA (combination of a junior college and/or a four-year college).
Ms. Harris will have the latitude to change the agreed-upon degree for up
to two years after entering the educational institution (degree change
must be approved by TVA). The beginning of the four and one-half year
time period for the educational portion of this agreement will begin on
the date Ms. Harris is enrolled in a junior and/or a four-year college
but no later than January 15, 1991. Ms. Harris will receive full salary
at the pay group rate and salary (determined in item 1) and will be
reimbursed for travel from her residence to the educational institution
(no per diem).
During semester breaks and other extended holidays (more
than three normal work days), Ms. Harris will be allowed to schedule
leave or will work with her parent organization (Materials, Contracts,
and Administrative Support) as assigned on developmental short-term work
assignments during the break of holiday, and said work with no way extend
into or interfere with the school period. Work assignments will be at
Knoxville, Chattanooga, or Watts Bar Nuclear Plant. Ms. Harris will be
reimbursed travel expenses from her residence to other TVA work locations
during the short-term assignments (no per diem).
Ms. Harris will receive normal cost-of-living raises
awarded to employees in her pay grade during the educational-development
assignment.
In the event Ms. Harris is dropped from the educational
institution, or illness prevents her from attending she shall be assigned
a job as a Contract Administrator at PG-5 at Watts Bar Nuclear Plant.
5. At the beginning of the senior year at the educational
institution, a succession plan shall be developed and implemented for
Ms. harris as a joint effort by Ms. Harris, her parent organization
(Materials, Contracts, and Administrative Support), and Nuclear Human
Resource Development. Ms. Harris' job location will be at Knoxville,
Chattanooga, or Watts Bar Nuclear Plant as mutually agreed upon by
Ms. Harris and TVA.
6. TVA agrees to promote Ms. Harris to Pay Group 6 in
accordance with the succession plan developed in item 5 upon successful
completion of the educational development (award of a Bachelor of
eight-percent increase in salary.
7. TVA agrees to review Ms. Harris' service evaluations issued
after her appointment to the M-1 rating through September 30, 1990.
Service evaluations mutually agreed upon by the TVA reviewers and
Ms. Harris will be prepared and submitted for review and approval by the
Vice President, Nuclear Projects, or his designated representative.
8. TVA will collect field files for Ms. Harris from her
previous TVA work organizations. These field files will be destroyed.
9. A letter issued by the Watts Bar Nuclear Plant Safety
Manager concerning Ms. Harris and the refusal to perform available work
will be removed from her file and the letter will be destroyed.
10. TVA agrees to pay Ms. Harris' attorney an amount agreed
upon in full and final settlement of all claims for attorney's fees and
costs in the complaints of whatever nature filed by Ms. Harris in any
court of law before any administrative tribunal or agency of the Federal
Government or TVA.
11. TVA agrees to reimburse Ms. Harris for out-of-pocket
documented attorney, court costs, or other fees related to the legal
process incurred in connection with her complaints.
12. In addition to the considerations set forth in items I
through 11 above, TVA agrees to pay Ms. Harris a sum of $75,000 for
compensatory damages and in full settlement of all complaints or claims.
Payment will be made within thirty (30) days from October 16. 1990.
agreements between the parties. The parties agree to exert good faith
efforts with regard to all such matters. In the event any of the parties
fail to energetically exert good faith efforts to achieve the goals of
this agreement, then such will provide to the other party a remedy for
enforcement and/or damages for breach of contract.
IN WITNESS WHEREOF, the parties have executed this agreement as
of the day and year first above written.
TENNESSEE VALLEY AUTHORITY
BY:
Dwight E. Nunn
By:
Ann P. Harris
I hereby consent to this agreement
and its execution by Ann P. Harris
