§2.19
Rules and Regulations on Relations
with Employee Organizations

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Rev. 04/98

  1. General Principles
  2. Definitions
    1. Managers
    2. Confidential Employees
    3. Supervisory Employees
    4. Representative
    5. Employee Organization Business
    6. Work Time
  3. Responsibility
  4. Applicability
  5. Payroll Deductions for Employee Organizations
    1. Membership Fees
    2. Employee Organization Benefit Premiums
    3. Management and Confidential Employees
  6. Regulations Governing Use of Laboratory Facilities and Access to University Employees by Employee Organizations and Their Representatives
    1. Meeting Rooms
    2. Bulletin Boards
    3. Distribution of Material
    4. Use of Laboratory Property and Supplies
    5. Conducting Business with Employees at Work
  7. Pay Status of Representatives of Employee Organizations Who
    Are Laboratory Employees
  8. Supervisory Employees
  9. Meeting and Conferring
  10. Access to Public Records

A.  GENERAL PRINCIPLES

The following rules and regulations are intended to provide the structure for implementation of employee rights at Lawrence Berkeley National Laboratory in accordance with University of California Guidelines for Relations with Employee Organizations. These rules and regulations, and amendments of or modifications to them, are not subject to Berkeley Lab grievance or appeal policies.

Subject to these rules and regulations, Laboratory employees have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation. Laboratory employees also have the right to refuse to join or participate in the activities of employee organizations and have the right to represent themselves individually in their employment relations with the Laboratory.

B.  DEFINITIONS

  1. Managers. Managers are individuals responsible for formulating and administering policies and programs of the Laboratory.

  2. Confidential Employees. Confidential employees hold positions requiring access to confidential information used for meeting and conferring purposes or for processing grievances. Employees not designated as confidential employees, who assist or advise management on a temporary basis and in so doing are privy to confidential information, may be determined to be confidential employees for the period of time they are privy to information used for meeting and conferring purposes or grievance handling. Such employees will be notified of their temporary confidential status.

  3. Supervisory Employees. Supervisory employees are defined by the Higher Education Employer-Employee Relations Act (HEERA) as "any individual, regardless of the job description or title, having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances, or to effectively recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. . . . Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees."

  4. Representative. In these regulations, the term "representative" is used to define any person acting in the interest of or on behalf of an employee organization, including both University and non-University personnel, unless otherwise specifically excepted.

  5. Employee Organization Business. The term "employee organization business" is used to define all legal activities of an employee organization including, but not limited to, meetings, dues collection, soliciting, distributing, and campaigning.

  6. Work Time. Work time is the period of time during which employees are scheduled to work, excluding lunch periods, and (for purposes of this regulation) rest periods.

C.  RESPONSIBILITY

The Laboratory Director is responsible for ensuring that each managerial and confidential employee is identified as such in the Laboratory personnel system and the corporate personnel system.

D.  APPLICABILITY

  1. Unless specifically excepted or modified by a Memorandum of Understanding, these rules and regulations apply to all employee organizations.

  2. These regulations do not apply to employee organizations or their representatives when they are acting as representatives in individual grievances or administrative appeals under RPM §2.05(D) (Employee Complaint Resolution).

E.  PAYROLL DEDUCTIONS FOR EMPLOYEE ORGANIZATIONS

  1. Membership Fees

    The University is required, on written authorization by the employee involved, to deduct and remit to the employee organization of the employee's choice the standard initiation fee, periodic dues, and general assessments of such organization, until an exclusive representative has been selected for the employee's unit or until notified by the employee in writing that the employee wishes to terminate the deduction.

    Once an exclusive representative has been selected, deductions may be made only for the exclusive representative. Cancellation of deductions to other employee organizations will become effective with earnings for the pay period following the certification of the election results.

  2. Employee Organization Benefit Premiums

    In addition to payroll deductions for employee organizations, as mandated by HEERA, deductions are permitted for employee-organization-sponsored insured benefit premiums. Approval for the insured benefit is made by the Office of the Director, Collective Bargaining Services, University Systemwide Administration.

  3. Management and Confidential Employees

    Payroll deductions payable to an employee organization are not permitted for management or confidential employees except that temporary confidential employees may continue membership in employee organizations for the explicit purpose of maintaining existing payroll deductions for insured benefit premiums.

F.  REGULATIONS GOVERNING USE OF LABORATORY FACILITIES AND ACCESS TO UNIVERSITY EMPLOYEES BY EMPLOYEE ORGANIZATIONS AND THEIR REPRESENTATIVES

  1. Meeting Rooms

    Employee organizations, including nonemployee representatives of such organizations, will be permitted the use of Laboratory rooms and spaces for meetings held outside the scheduled work time of the Laboratory employees attending, subject to availability of space and confirmation of availability by the Employee Relations Administrator.

    Representatives of registered employee organizations may apply for reservations for Laboratory meeting rooms at the Human Resources Department, using forms provided for that purpose. If the use of a room normally provided with facilities for a microphone and/or projection equipment is requested and approved, the Laboratory will provide this equipment as long as it is requested at the time of application. Applications should be made at least 48 hours before an event whenever possible and may be made only in a period three months before the date of request. Reservations, subject to availability of space, will be made in the order of receipt of applications.

    Users should exercise reasonable care in the use to which the facilities are put during the time reserved and make prompt payment of all charges. The organization that has reserved the facility assumes responsibility for any violations of University of California or Laboratory regulations that occur in connection with its use. No organization other than the reserving organization may use the facility reserved.

    Reasonable charges may be made for use of facilities based on identifiable cost to the Laboratory.

  2. Bulletin Boards

    Employee organization use of bulletin boards is limited to communicating information to employees and is subject to the availability of space and the Laboratory's posting regulations.

    1. Open Bulletin Boards. Appropriate materials may be posted on designated open bulletin boards. A list of open bulletin boards is available, on request, from the Employee Relations Office of the Human Resources Department.

    2. Department or Division Bulletin Boards. Materials may be posted by registered representatives of employee organizations on department or division bulletin boards only if arrangements are made with the appropriate department head or division director.

  3. Distribution of Material

    Employee organization representatives are permitted to distribute material and solicit membership outside the entrances to buildings and parking lots as long as adequate care is taken to prevent littering and avoid interfering with traffic flow. Freestanding racks with employee organization information also are permitted at entrances to the Laboratory; at the entrances to Buildings 50, 70, 76, 77, and 90; and, with approval of the Employee Relations Administrator, in the foyer of Building 54 (cafeteria).

  4. Use of Laboratory Property and Supplies

    Employee organizations will not be permitted the use of Laboratory mail service, telephones, copying machines, or other Laboratory equipment or supplies, except as provided in RPM §2.19(F)(1).

  5. Conducting Business with Employees at Work

    Employee organizations will be permitted to conduct business with employees at work only when the physical location is appropriate for such business, i.e., as long as there is no interruption of work and the area is not otherwise restricted for reasons of confidentiality, security, or safety, and when the employees are not on work time.

G.  PAY STATUS OF REPRESENTATIVES OF EMPLOYEE ORGANIZATIONS WHO ARE LABORATORY EMPLOYEES

  1. A Laboratory employee may not conduct activities relating to or attend meetings of employee organizations while on work time, except as reasonably necessary in the conduct of a grievance or administrative review (as determined by Employee Relations or Labor Relations) or as specifically approved by the Head of the Human Resources Department.

  2. Activities must not interfere with or disrupt the work of the Laboratory or violate safety or security requirements.

H.  SUPERVISORY EMPLOYEES

Supervisory employees have the right to form, join, and participate in employee organizations for the purpose of representation on supervisory employer-employee relations and the right to refuse to join or participate in employee organizations. Supervisory employees may not, however, participate in the handling of grievances or meet and confer processes on behalf of nonsupervisory employees or vote on questions of ratification or rejection of memoranda of understanding reached on behalf of nonsupervisory employees.

I.  MEETING AND CONFERRING

HEERA provides that certified exclusive representatives of employees of the University in an appropriate unit "shall engage in meeting and conferring with the employee organization selected as exclusive representative of an appropriate unit on all matters within the scope of representation" (Art. 4, §3570).

Arrangements for such meetings should be made through the Head of the Human Resources Department, if the unit is composed of Laboratory employees only, or through the University Director, Labor Relations, in the case of a multilocation or systemwide unit.

In the absence of a memorandum of understanding or if the memorandum of understanding does not cover the subject, a reasonable number of representatives of an exclusive representative have the right to receive reasonable periods of released or reassigned time without loss of compensation when engaged in meeting and conferring and for the processing of grievances. When a memorandum of understanding is in effect, released or reassigned time must be in accordance with the memorandum.

J.  ACCESS TO PUBLIC RECORDS

To the extent required by law, copies of public records are provided to employee organizations at cost and in whatever form they exist. Requests for multilocation information should be submitted to the Director, Labor Relations, at the University of California Office of the President. Requests for Laboratory information only should be submitted to the Head of the Human Resources Department at Berkeley Lab.

Printed . The official or current version is located in the online LBNL Requirements and Policies Manual.
Printed or electronically transmitted copies are not official. Users are responsible for working with the latest approved revision.

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