Sample Factual Summary Of Office Of Investigation Report - Discrimination (Page 2 of 2) in pdf

proffered by the Licensee, if any, that the adverse action was taken for legitimate, non-

prohibited reasons, e.g., “The evidence indicates that the Manager of Safety and Quality

Assurance told the Supervisor that he was causing a lot of problems for the Licensee, and that

if the Supervisor did not stop causing problems by raising safety issues, he would be replaced.

One manager testified during the investigation that some managers at the Alpha Nuclear Plant

viewed the Supervisor as an aggravation and barrier to getting things done. This manager told

OI that it appeared to him that certain managers at the Alpha Nuclear Plant could not dissuade

the Supervisor from raising concerns, so they took care of the Supervisor by transferring him to

a non-managerial position outside the Licensee’s compliance monitoring organization.

Accordingly, the evidence supports the conclusion that the Supervisor was transferred from his

managerial position within the Licensee’s compliance monitoring organization to a less-

desirable, non-managerial position in the training division at least in part because the

Supervisor had raised safety concerns that were viewed by management as erecting barriers to

getting things done at the Alpha Nuclear Plant.

Further, there do not appear to be legitimate business reasons for transferring the Supervisor to

the training position. Several managers at the Alpha Nuclear Plant, including the Manager of

Safety and Quality Assurance, testified that the Supervisor was technically very competent.

Therefore, it does not appear that the Supervisor was transferred to a non-managerial position

for cause. Based on OI’s interview of the Licensee’s Manager of Training, the Supervisor was

not transferred to the training division to fill a critical need within that division. Furthermore, the

Supervisor had received good performance appraisals during the years prior to his transfer to

the training division. While some managers at the Alpha Nuclear Plant stated to OI that they

had heard that the Supervisor was having problems dealing with certain individuals at Alpha

Nuclear Plant, many managers stated to OI that they personally were not having problems with

the Supervisor. In addition, there was no documentation of problems the Supervisor may have

experienced relating to inter-personal relationships.”]

Conclusion

[Indicate whether the staff believes that, based on all available evidence, there is information

sufficient to provide a reasonable expectation that a violation of Section 50.7 (or analogous

requirement) can be shown by a preponderance of the evidence, e.g., “The evidentiary record

outlined above supports a conclusion that the Supervisor was retaliated against by

management for engaging in protected activities. OGC has advised that there is sufficient

information to provide a reasonable expectation that a violation of Section 50.7 can be

established by a preponderance of the evidence.”]

Sample Factual Summary Of Office Of Investigation Report - Discrimination Page 2