Rev. 10/09

In using the Regulations and Procedures Manual, the user should interpret the following terms as indicated below:

1. University. The University of California, represented by The Regents of the University of California and/or the University officers.

2. DOE or Contracting Officer. The United States Department of Energy (DOE), represented by the Manager of the Office of Science Berkeley Site Office or his/her or her designated alternates.

3. Lawrence Berkeley National Laboratory, Berkeley Lab, or the Laboratory. These terms are used interchangeably, and all mean Lawrence Berkeley National Laboratory of the University of California.

4. DOE/LBNL Contract.The contract between the Regents of the University of California and DOE for operating Berkeley Lab is Contract No. DE-AC02-05CH11231. The term "the DOE/LBNL Contract" refers to this contract.

5. Employee and Guest Categories. Throughout the RPM, references are made to various types of individuals, primarily in terms of personnel matters, site access, pay, and travel. Generally, these individuals are either employees or guests. The following lists consolidate the various definitions and cite the sections containing each definition:

Employment-Related Terms

Confidential Employees. Employees who hold positions requiring access to confidential information used for meeting and conferring. See RPM §2.19(B)(2) (Definitions).

Exempt Employees. Exempt employees are defined as employees who, based on duties performed and manner of compensation, shall be exempt from the Fair Labor Standards Act (FLSA) minimum wage and overtime provisions. Because of hourly pay practices, an employee appointed to work a variable-time schedule in an exempt title shall be treated as a non-exempt employee subject to FLSA minimum wage and overtime provisions.

Exempt employees shall be paid an established monthly or annual salary and are expected to fulfill the duties of their positions regardless of hours worked. Exempt employees are not eligible to receive overtime compensation or compensatory time off, and are not required to adhere to strict time, record keeping, and attendance rules for pay purposes. Exempt titles are identified in University-wide title and pay plans. 

Managers. Employees responsible for formulating or administering policies and programs of the Laboratory. See RPM §2.19(B)(1) (Definitions).

Non-exempt Employees. Non-exempt employees are defined as employees who, based on duties performed and manner of compensation, shall be subject to all FLSA provisions. Because of hourly pay practices, an employee appointed to work a variable time schedule in an exempt job classification shall be treated as a non-exempt employee subject to FLSA minimum wage and overtime provisions.

Non-exempt employees shall be required to account for time worked on an hourly and fractional hourly basis and are to be compensated for qualified overtime hours at the premium (time-and-one-half) rate. Non-exempt titles are identified in title and pay plans.

Represented Employees. Employees in classifications represented by an agreement negotiated with a union and not excluded as managerial, supervisory, or confidential employees (see respective labor agreements for terms and conditions of employment).

Supervisory Employees. Individuals, regardless of job description or title, who directly supervise two or more employees and who have (1) authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees or (2) responsibility to direct them, adjust their grievances, or 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. See RPM §2.19(B)(3) (Definitions).

Guests

Casual Visitors. Individuals visiting the Laboratory for one week or less who are not engaged in Laboratory research or use of Laboratory facilities. See RPM §1.06(A)(2) (Casual Visitors). Included in this category are those who are giving or attending seminars, those who are visiting the Laboratory for limited scientific discussions or as nonparticipants solely to observe research in progress, radiotherapy patients, job seekers, tour groups, employee family/friends, retired employees with occasional reason to visit the site, and the press.

Interviewees. Job applicants visiting the Laboratory for the purpose of a personal interview as part of the selection process for employment. See RPM §11.08(N)(1) (Non-Laboratory Personnel/Interviewees).

Invited Guests. Individuals invited to attend a meeting, present a lecture, or conduct a seminar at the Laboratory who will receive an honorarium or payment for travel expenses. See the Financial Policies and Procedures Manual for specific information on Honoraria and Non-Employee Stipends.

Participating Guests. Non-Laboratory employees who are engaged on site in Laboratory activities and who fall into one or more of the following categories:

1. Users. Individuals visiting the Laboratory to use Laboratory User Facilities, defined as "designated user facilities" or "other user resources" by DOE's Office of Science.

2. NERSC Users. Individuals using National Energy Research Scientific Computing Center (NERSC) facilities either remotely or while visiting the Laboratory.

3. Scientific Collaborators. Individuals visiting the Laboratory who are engaged in Laboratory-approved research, testing, or analysis either through "hands-on" activities or collaborative discussions with Laboratory employees. Included in this category are faculty and students from other University of California facilities and other educational institutions, fellowship students, postdoctoral fellows, research fellows, and other professionals having adequate training and experience and meeting high professional standards in their fields.

4. Student Guests. Individuals who are students attending an accredited high school, college, or university and are under the direct supervision of a host division.

5. Nonscientific. Individuals who have been assigned to Berkeley Lab as their place of work either as employees of temporary employment services/agencies or as contract labor employees.

6. Consultants. Individuals who have entered into a consultant agreement with Berkeley Lab under the terms of RPM §11.04 (Consultants to Lawrence Berkeley National Laboratory).

7. Guest Researchers. Research personnel and students in cooperative work programs, including foreign nationals, invited to participate in a Laboratory project as nonemployees. See RPM §1.06(A)(3) (Participating Visitors).

RPM Changes

DISCLAIMER: The CSO/RPM staff does not create or interpret policy for the RPM. Responsible Managers initiate all changes, except when an annual “snapshot” edit is being performed by CSO to look for errors in the existing RPM content.

The following terms and definitions are useful for LBNL managers who are responsible for the policies contained in the RPM:

1. Responsible Manager. LBNL employees who are responsible for formulating and administering policies of the Laboratory, and ensuring that the RPM sections describing these policies are accurate and up to date.


2. CSO/RPM Editor. The writer and editor from the Creative Services Office who, at the request and approval of responsible managers and Operations, is responsible for updating RPM sections, archiving changes to the RPM Web document, reviewing the RPM during the annual Snapshot, and editing quarterly Policy and Procedure memos for publication in Today at Berkeley Lab.


3. CSO/RPM Managing Editor. Coordinates the policy manual with responsible managers to maintain policies that are current, and to make sure the Lab has an up-to-date manual, at any time. Generates RPM status reports on request. Works with RPM Editor to refine and monitor RPM processes.


4. Major Change. Major changes affect Laboratory policies, and therefore require the Associate Laboratory Director of Operations' approval before they are sent to the CSO/RPM Editor for publication in the RPM.
   
   The following are examples of major changes:


• The addition of a new RPM chapter (e.g., Chapter 11) or section (e.g., Section 2.28) to implement a new policy or policy revisions. The new policy or policy revisions may impact other policies cited in the RPM or other Laboratory policy manuals (e.g., The Health and Safety Manual (PUB-3000), the Financial Policies and Procedures Manual, etc.).


• The removal of an RPM chapter, section, or policies and procedures described in an RPM chapter or section to another RPM chapter or section, or to another LBNL institutional document, e.g., The Health and Safety Manual (PUB-3000), the Finance Policies and Procedures Manual, etc.


• The deletion of an RPM chapter or section.


• The revision of an existing chapter or section to implement a new policy or policy revisions. The new policy or policy revisions may impact other policies cited in the RPM or other Laboratory policy manuals (e.g., The Health and Safety Manual (PUB-3000), the Financial Policies and Procedures Manual, etc.).


5. Major Change Requiring a 30-Day Notice. Major changes that involve HR policy and have an affect on employment terms need to be announced in Today at Berkeley Lab (TABL). Employees are given 30 calendar days from the date the notice was published in TABL to review the proposed changes, and to send their comments and questions to the HR policy contact person. Major changes that require a 30-day notice also require the Associate Laboratory Director of Operations' approval before they are sent to the CSO/RPM Editor for publication in the RPM.


6. Minor Change. Minor changes do not affect policies, and therefore do not require the Associate Laboratory Director of Operations' approval before being sent to the CSO/RPM Editor for publication in the RPM. Minor changes are made to reflect current practices, responsibilities in reporting, department names, etc.
   
   The following are examples of minor changes:
   
   
   
   • Updates to data, tables, or figures in an RPM chapter, section, or paragraph.
   
   
   • The addition or revision of a few sentences or paragraphs to existing RPM chapters, sections, or paragraphs to clarify policy that's already been approved by the Associate Laboratory Director of Operations.