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NAECP Newsletter Winter 2014
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Promoting Strong Safety Conscious Work Environments

December 16, 2014

Winter Issue 2014

In This Issue

1. President's Blog
2. Regulatory News
3. ECP Tips Tools
4. Get Connected

Upcoming Events

NAECP Winter 2015
February 23 - 25
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It’s Your Our Team (Leading High Performance Teams)
February 26 - 27, 2015
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NIC Investigator Training
February 25 - 27, 2015
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Retreat Report

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Reports for 2014


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In the Next Issue
• 2015 BOD Initiatives
• Winter Event Wrap-up
• Fall Announcements

• Legal Update

The Value of Connecting
Written by
Mike Wilson, NAECP President
Director - Employee Concerns, BP America

While surfing the Internet, I recently stumbled onto an interesting blog written by a very experienced psychologist named Paul Mattiuzzi Ph.D. Dr Mattiuzzi earned his doctorate degree at the Berkeley campus of the California School of Professional Psychology (CSPP-Berkeley), and has been a licensed psychologist in California since the mid-80s. According to his bio, the focus of his writings and research has been on the assessment of depression, anxiety and psychological health.

Dr Mattiuzzi has a simple approach to understanding workplace retaliation. He believes that most people don’t really understand what workplace retaliation is, and that it is not really about harassment or about getting revenge. Dr Mattiuzzi believes it is simply about making people afraid.
Read More ...

Regulatory / Legal Bulletin

Acting Solely at a Customer’s Direction is NOT a Defense to a Retaliation Complaint
Written By
Timothy J. V. Walsh, Counsel,
Pillsbury Winthrop Shaw Pittman LLP

A recent decision from the Ninth Circuit makes it clear that an employer who takes adverse action against one of its employees solely at a customer’s direction may still be liable for violating the whistleblower protections afforded by the Energy Reorganization Act (ERA) (42 U.S.C. 5801, et seq.).

In this case, the complainant’s employer was a subcontractor to a lead contractor hired by a government agency to construct and manage a facility. The complainant held a supervisory position on the project and raised numerous safety and design issues. The subcontractor ultimately transferred the complainant from his position to a non-supervisory position elsewhere within the subcontractor’s organization. The complainant sued claiming unlawful retaliation before the Department of Labor (DOL). Because DOL did not issue a final decision within one year of filing his complaint, the complainant refiled his complaint in federal district court.  Read More ....


ECP Tips , Tools and Advice

Proof of Facts

Written by
Billie Garde, Clifford & Garde LLP

Proving that retaliation was a factor in a personnel decision is, by its nature, difficult. Rarely does an employer admit that the reason it decided to terminate someone, or take away all their job responsibilities, was because that employee raised a safety concern. Although there is the occasional rare piece of evidence that leaves little doubt about the motive behind an adverse action – the most common way to prove whether retaliation was a factor is through circumstantial evidence.

For the ECP investigator, collecting relevant circumstantial evidence is critical to being able to make a sound decision and recommendations. Read More ...

Membership Committee Initiative

Written by
Lori Hayes, Duke Energy
NAECP Membership Committee Chair

The Membership Committee has some exciting news! The NAECP has traditionally provided a great venue for networking and learning at our Conferences. However, NAECP wants to be more! More than just a twice a year opportunity…more than just a place to network on occasion…more than just for nuclear Employee Concern Programs.

In order to move to the next level, NAECP is developing a true “Membership” plan to assist in reaching future goals. Although many interested parties attend the NAECP conferences and register on the NAECP website, true membership would allow NAECP funding to move to a future state, which would include branching out to other industries, having a training and knowledge center, and even a sharing of Subject Matter Experts, to name a few.

Look in the near future for exciting news on the development of “Membership” and the bright future for NAECP for 2015! - Get Connected
Professional networking and benchmarking are key components to developing a successful Employee Concerns Program. NAECP is working to develop better tools for you to communicate with your peers outside of our bi-annual conference and training sessions. Take a look at two examples of how to share information and resources with your fellow ECP professionals.

Forum Discussions
The ‘Forums’ section (located under Community Tab) is intended to be used for more in-depth and ongoing discussions. The ‘Forums’ are focused on everything from ECP Development to the structure of NAECP as a professional organization. Your feedback and new topics will be welcomed by your fellow members who are seeking to improve their workplace procedures and increase general Employee Concerns knowledge.
Quick Link to Forums Instructions - Click Here

Note: All Forums and Benchmarking activities require that you are logged into as a member. All features will not be available to those that are either not logged-in or not a current member.


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