U.S. Department of Labor
Office of Administrative Law Judges
211 Main Street
San Francisco, California 94105
Suite 600
(415) 556-0555
CASE NO. 81-ERA-9
In the Matter of
THOMAS BARRETT, III
Complainant
v.
WALLACE/SUPERIOR
Respondent
Charles C. Caldart, Attorney at Law
Miles, Way & Caldart
10 Rainier National Bank Building
Olympia, Washington 98501
For the Complainant
James A. Fish, Attorney at Law
Winston & Cashatt
Seafirst Financial Center
Spokane, Washington 99201
For the Employer
Before: EDWARD C. BURCH
Deputy Chief Judge
DECISION AND ORDER APPROVING AGREEMENT
This matter came on for formal hearing at 9:30 a.m.,
August 25, 1981. At 1:10 p.m., both sides agreed they had resolved
their differences. The agreement, which is to be posted upon the
premises at the Wallace/Superior office at the Satsop Nuclear
Construction Site, and distributed to employees presently on the
payroll who have signed the statement of policy dated April 6,
1981, is as follows.
The document will be entitled "Clarification of Wallace/
Superior Policy re Employee Reporting of Quality Violations," and
the body reads as follows:
The "Statement of Policy" issued on April 6, 1981, remains in
full force and effect, however, in order that there be no
misunderstanding as to the operation and intent of this policy,
the following Clarification is issued and deemed to be in
effect:
1. The statement of policy is intended to be and is to be construed in such a
manner as to be consistent with the reporting requirements in IOP 1.0, a copy of which is
attached hereto.
2. In all cases expect those discussed in Paragraph 3 below, an employee
shall report a Quality Control violation to Management through the reporting channels set
forth in IOP 1.0, however, if Management has not either (a) corrected the violation, or (b)
reported the violation to the NRC within two days, the employee shall then be free to
report the violation to appropriate parties outside the Wallace/Superior organization
without fear of reprisal.
3. If an employee discovers that a member of the Quality Assurance
personnel, or a member of Management has deliberately caused a Quality Control
violation, then the employee is free to report that violation directly and immediately to the
NRC, simultaneously with an unsigned written report to Management without fear of
reprisal.
The above clarified statement of policy is to be signed by Mr.
Frost.
The above agreement is hereby approved and the matter is hereby
dismissed. It is so ORDERED.