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LBNL Local

LBNL Contract Exceptions

In May 2002, LBNL CUE members voted on the TA'd LBNL exceptions in the CUE contract and approved them. The results and language are below.

2002 LBNL CUE Contract Exceptions Vote Results
Votes to approve language - 55
Votes to disapprove language - 22

  1. COMPENSATION AGREEMENT

    This is an agreement between the Coalition of University Employees (CUE) and the Lawrence Berkeley National Laboratory (LBNL) on the issue of compensation for clerical employees at the Lab represented for purposes of collective bargaining by CUE.

    It is recognized by the LBNL and by CUE that this agreement on compensation has been made as a result of "local" negotiations between representatives of CUE and LBNL. The parties recognize that this agreement is made in the context of "system wide" negotiations between the University of California, of which LBNL is a part, and CUE. This agreement, however, is a final and binding agreement regarding compensation for Lab clerical employees for FY 2002 and FY 2003.

    The agreement is as follows:

    1. For FY 2002

    A) There will be a range movement of 5.0%.

    B) There will be a merit pool of 5.0% of the total LBNL Clerical unit salaries as of September 30, 2001. Employees who receive an overall FY 2001 P2R rating of meets ("M") will receive a merit increase of no less than 4.0%. Employees who receive an overall FY 2001 P2R rating of exceeds ("E") will receive a merit increase of no less than 4.5%. Employees who receive an overall FY 2001 performance evaluation of outstanding ("O") will receive a merit increase of no less than 5.0%.

    C) After the amounts set forth in B) above have been calculated, the difference between this amount and 5.0% will be used to supplement the increases set forth in B) using the same or similar methodology that was used in the FY2001 wage distribution.

    An additional amount of up to 1.5% of the total LBNL Clerical unit salaries as of September 30, 2001 will be made available for posted promotions and reclassifications in the bargaining unit.

    An additional amount of up to 0.25% of the total LBNL Clerical unit salaries as of September 30, 2001 will be made available for mid-year alignment and equity adjustments.

    It is the intention of LBNL to distribute the entire merit pool, and the pools set aside for reclassifications, promotions, alignment and equity adjustments.

    Employees who are "red-circled," i.e., who are paid higher than the range for their classification, are eligible to receive increases as specified in B), above. These will take the form of a non-base building lump sum payment for FY 2002.

    In order to be eligible for the FY2002 wage increase, the employee must have been eligible for a FY2001 performance evaluation, be in the CX bargaining unit on October 1, 2001, and be in the CX bargaining unit on the date payroll for the distribution is run.

    2. For FY 2003

    A) There will be a range movement of 4.5%.

    B) There will be a merit pool of 4.5% of the total LBNL Clerical unit salaries as of September 30, 2002. Employees who receive an overall FY 2002 P2R rating of meets ("M") will receive a merit increase of no less than 3.5%. Employees who receive an overall FY 2002 P2R rating of exceeds ("E") will receive a merit increase of no less than 4.0%. Employees who receive an overall FY 2002 performance evaluation of outstanding ("O") will receive a merit increase of no less than 4.5%.

    C) After the amounts set forth in B) above have been calculated, the difference between this amount and 4.5% will be used to supplement the increases set forth in B) using the same or similar methodology that was used in the FY2001 wage distribution.

    An additional amount of up to 1.0% of the total LBNL Clerical unit salaries as of September 30, 2002 will be made available for posted promotions and reclassifications in the bargaining unit.

    An additional amount of up to 0.25% of the total LBNL Clerical unit salaries as of September 30, 2002 will be made available for mid-year alignment and equity adjustments.

    It is the intention of LBNL to distribute the entire merit pool, and the pools set aside for reclassifications, promotions, alignment and equity adjustments.

    Employees who are "red-circled," i.e., who are paid higher than the range for their classification, are eligible to receive increases as specified in B), above. These will take the form of a non-base building lump sum payment for FY 2002.

    In order to be eligible for the FY2003 wage increase, the employee must have been eligible for a FY2002 performance evaluation, be in the CX bargaining unit on October 1, 2002, and be in the CX bargaining unit on the date payroll for the distribution is run.

    3. If more than one salary adjustment for an employee takes place on the same date, the order of salary actions will be in accordance with the LBNL usual method for accomplishing such adjustments.

    4. The compensation increases for FY 2002 in this agreement will be implemented within 120 days from the implementation of the statewide agreement. The compensation increases for FY 2003 will be implemented at the beginning of the FY2003 fiscal year cycle. In each year, within 30 days of payout, the Lab will provide an accounting of the total allocated for CX salary increases and the methodology used to CUE representatives and will meet with CUE representatives upon their request to resolve any issues or problems with the implementation of this compensation agreement.

    The compensation increase of this Wage Agreement will not be subject to Article ___ (Grievance) of ___ (Arbitration).

  2. TELECOMMUTING

    LBNL's Telecommuting policy (RPM Chapter _____) will apply to CX employees. CX employees are eligible to request telecommuting. Approval will be made on the same basis as requests from employees currently eligible to participate in LBNL's Telecommuting program. CUE will meet with management to jointly develop a waiver form regarding overtime for CX employees who participate in this program.

  3. TRAINING AND DEVELOPMENT

    The following is the revised addendum to Training and Development (to replace current LBL provision). The text that will go in the systemwide agreement follows:

    Under Lawrence Berkeley Laboratory, add the following paragraph:

    LBNL will develop a program to offer skills training to bargaining unit employees to enhance current job skills and for increased promotional opportunities. This will be done through the Administrative Services Department, and will be open to all CX employees. In developing the curriculum for FY 2002 and 2003, the Union will be given the opportunity to participate and provide input into curriculum choices.

    Permission to participate in such training will not be unreasonably denied.

    Disputes arising from denial of training under these provisions will be handled in the same manner as Article ___ Training and Development, Section B (Disputes).

    LBNL will maintain records of CX employees' requests for training under this provision (included will be whether the requests were approved or denied). CUE will be provided a copy of these records upon request.

  4. REMAINING LBNL EXCEPTIONS

    The existing LBNL exceptions in the current UC/CUE contract in the following articles shall remain in effect: Holidays, Layoff/Reduction in Time, Parking, and Shift Differential.

    For the articles: Moving Expenses, Training & Development, and Travel Expenses the following language will be added to the LBNL exception language in the contract: In the event that LBNL proposes any changes in the following policies, which will affect CX employees, the Lab will give CUE 45 days notice prior to implementation. If CUE requests, CUE and the Lab shall meet and confer over the proposed changes.

  5. CUE UNION GRIEVANCE SETTLEMENT

    Terms of the Settlement agreement for CUE union grievance filed at LBNL on 9/28/01.

    1. LBNL management has recognized Jackie Bess as a CUE Steward with full steward rights as described in the CUE/UC contract.

    2. CUE and the Lab agree that only at LBNL the language of the article on Access/Union Rights (C.2) that specifies the number of stewards CUE may designate will be interpreted to mean that there may not be two stewards from the same physical office location (if their work does not impact each other).

    3. CUE stewards at LBNL agree to inform both their ASD supervisors and their matrix customers of release time needed for steward responsibilities. When a request for release time is made, the steward will provide the ASD supervisor and matrix customer the estimated duration of the activity. As stated in the CUE contract: "A request for release time will be made to the CUE designated employee representative's supervisor prior to the activity. Such approval shall be granted solely on the basis of operational needs and shall not be denied unreasonably." Each steward will maintain a running tally of his/her use of the 10 hours/month allotted for miscellaneous steward activities and will keep the ASD supervisor and matrix customer advised of the tally.

    4. Lab Labor Relations will inform the concerned parties (including the supervisors of the stewards involved) of the terms of this agreement. In addition Labor Relations will inform lab clericals that CUE and Lab Management has been able to negotiate a settlement to this dispute, whish is agreeable to all parties. CUE will be provided an opportunity to review the text of these messages before they are sent out.

    5. CUE will withdraw the union grievance filed.

http://www.cueunion.org/lbnl/contractexcept.php        20-November-2008 03:54:21
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