U.S. Department of Labor
Office of Administrative Law Judges
211 Main Street - Suite 600
San Francisco, California 94105
(415) 974-0514
FTS 8 454-0514
DATE: May 18, 1987
CASE NO. 86-ERA-27
IN THE MATTER OF
BLAINE P. THOMPSON
Complainant
v.
ARIZONA PUBLIC SERVICE
COMPANY/ARIZONA NUCLEAR
POWER PROJECT
Respondent
and
COALITION FOR RESPONSIBLE
ENERGY EDUCATION
INTERVENOR
Stephen M. Kohn, Esq.
Michael D. Kohn, Esq.
For the Complainant
William R. Hayden, Esq.
For the Respondent
Before: ALEXANDER KARST
Administrative Law Judge
[Page 2]
DECISION AND ORDER
This is a proceeding arising under Section 210 of the
Energy Reorganization Act, 42 U.S.C. §5851, regarding three
complaints filed by Complainant Blaine P. Thompson against
Respondent Arizona Public Service Company/Arizona Nuclear
Power Project dated February 27, 1986, March 25, 1986, and
September 9, 1986.
On May 15, 1987, the parties submitted a Joint Motion
with an attached Settlement Agreement requesting approval for
settlement of this case.
IT IS HEREBY ORDERED accepting and approving the
Settlement Agreement attached to this Decision. The Settlement
Agreement constitutes my findings of fact and conclusions
of law.
DATED this 18th day of May, 1987.
Alexander Karst
Administrative Law
Judge
04WRHO668A
U.S. DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
Case No. 86-ERA-27
In the Matter of:
BLAINE P. THOMPSON,
Complainant,
vs.
ARIZONA PUBLIC SERVICE
COMPANY/ARIZONA NUCLEAR
POWER PROJECT,
Respondent,
and
COALITION FOR RESPONSIBLE
ENERGY EDUCATION,
Intervenor.
SETTLEMENT AGREEMENT
This Settlement Agreement constitutes a final and
comprehensive resolution of Mr. Blaine Thompson's complaints
against Respondent Arizona Public Service Company/Arizona
Nuclear Power Project (APS/ANPP) to the Department of Labor
(DOL) of February 27, 1986, March 25, 1986, and September 9,
1986, filed under Section 210 of the Energy Reorganization
Act (ERA). Submitted simultaneously herewith is a joint
motion to the Administrative Law Judge (ALJ) requesting approval
of this full final Settlement Agreement of the
parties' claims.
1. Mr. Thompson voluntarily withdraws his DOL
complaints of February 27, 1986, March 25, 1986, and
September 9, 1986, and agrees not to file any additional or
supplemental claims under Section 210 of the ERA against
APS/ANPP regarding any event or incident which occurred on or
before the date of execution of this Settlement Agreement.
2. This settlement shall not be construed as an
admission of any wrongdoing by any of the parties, nor shall
it be construed as an adjudication on the merits for or
against either party. The Agreement settles all claims that
Mr. Thompson had, or may have had, under Section 210 of the
ERA, 42 U.S.C. §5851, against Respondent from March 1, 1982
until and through the date this settlement is ratified by the
parties, and Complainant agrees not to file Section 210
charges based on any conduct by Respondent during this time
period.
3. Within 10 days of the parties' execution of
this Agreement, Respondent will place $40,000.00 in an interest
bearing insured money market escrow account. Within two
working days of the date that Respondent receives official
notice that the Secretary of Labor has approved this settlement,
Respondent will pay Complainant $30,000.00 out of the
escrow account and all interest accrued to date. The remaining
$10,000.00 will be paid to Complainant in three equal
annual installments of $3,333.33 on June 1, 1988, June 1,
1989, and June 1, 1990, together with accrued interest to
date, subject to the following conditions. First, in order
to be entitled to any installment or portion thereof, Complainant
must have remained employed with Respondent during
the entire twelve months preceding the installment due date.
Second, if prior to any installment due date, Complainant has
voluntarily transferred out of the position provided for in
paragraph 4 and into a position that provides a salary range
comparable to that of Security Shift Captain at Pillow Verde,
Respondent will not be obligated to pay the remaining installment(s).
The foregoing lump sum Payments are in settlement
of all claims settled by this Agreement, including
claims for costs and attorneys fees.
4. Respondent shall transfer Thompson to a position
comparable in salary to his position of Security Shift
Captain while at Palo Verde. For this purpose, Respondent
will assume that Thompson would have received a "Superior"
performance review at Palo Verde in December, 1986 and the
corresponding 6.5% increase in salary. The parties agree
that such a comparable position is Revenue Protection Investigator
in the Energy Diversion Department at the salary of
$3,404.00 per month. Complainant's salary will be administered
pursuant to Respondent's normal salary administration
program. Thompson will not receive a performance review for
the period from the date of his transfer to the APS Security
Department until his transfer to the Energy Diversion Department.
Complainant forever foregoes his rights to reinstatement
to any position within the Palo Verde nuclear facility.
5. Respondent will not retaliate or discriminate
against Thompson because he filed Section 210 charges against
Respondent.
6. Respondent shall permanently remove from Complainant's
personnel file or any other file related to
Complainant:
a) Complainant's written performance review
dated January 15, 1986, and substitute in its place
the performance review prepared by Michael Deblo
dated December 8, 1985, fully executed by appropriate
Company officials.
b) Any and all references to the February,
1986 investigation into charges by Officers
Reighard and Johnson.
c) The two disciplinary warnings issued to
Complainant since his transfer to the APS Security
Department.
d) Any reference to the reasons for Complainant's
temporary or permanent transfer outside
of the ANPP Security Department.
e) The "confidential" memorandum file prepared
by Doeg Nelson concerning Blaine Thompson
dated January 15, 1986.
7. It is expressly understood that in no more
than seven days after the execution of this Agreement by both
parties, Thompson will be tentatively transferred to the Energy
Diversion Department pursuant to paragraph 4 above.
Said transfer shall become final upon the approval of the
Settlement Agreement by the Secretary of Labor. All other
obligations to perform the covenants contained herein are
contingent upon the Secretary of Labor approving the parties'
Settlement Agreement.
8. Respondent agrees that in responding to future
employment inquiries, consistent with its personnel policies,
it will confirm only Thompson's dates of employment, rates of
pay, and job titles. For purposes of disclosing Thompson's
rate of pay, Respondent's records will reflect that he did
not receive a reduction in salary when he was transferred in
August, 1986. Respondent further agrees to advise Thompson's
former supervisors (i.e., D. Nelson, F. Kroll, G. Tranburg,
W. Fernow & C. Kelly) that, consistent with Respondent's policy,
all employment inquiries received by them should be referred
to the Personnel Department for response.
9. This Agreement constitutes the sole and entire
agreement between the parties hereto and supersedes any and
all understandings and agreements made prior hereto. There
are no collateral understandings, representations, or agreements
its other than those contained herein. It is understood
and agreed that the execution of this Agreement by Respondent
is not to be construed as an admission of liability on its
part to Complainant, but is a compromise and settlement of
disputed claims.
DATED this 15th day of May, 1987.
APPROVED AS TO FORM:
COMPLAINANT
Blaine P. Thompson
Stephen M. Kohn
Michael D. Kohn
Attorneys for Complainant
RESPONDENTS
ARIZONA PUBLIC SERVICE
COMPANY
ARIZONA NUCLEAR POWER
PROJECT
By:
JD GELMOS
Its: VICE PRESIDENT
William R. Hayden
Rebecca Winterscheidt
Attorneys for Respondent
04WRHO668