POLICY

A. Purpose

Certain general policies of the University of California governing the use of University properties are set forth in University of California Policies Applying to Campus Activities, Organizations, and Students, issued by the President of the University on July 21, 1978. These policies state in general terms the rights and obligations of students, standards of conduct, requirements applying to student organizations, and regulations governing the use of University properties by students, faculty, administrative staff, and other University employees for activities within the University.

B. Persons Affected

All employees are affected by this policy. Represented employees should consult their collective bargaining agreement (CBA).

C. Exceptions

Request for exceptions that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at minimum, approval by the Chief Human Resources Officer (CHRO). Depending on the circumstances, some exceptions may require University of California Office of the President (UCOP) and/or Department of Energy (DOE) approval.

D. Policy Statement

1. General

   1. University of California Policies. Certain general policies of the University of California governing the use of University properties are set forth in University of California Policies Applying to Campus Activities, Organizations, and Students, issued by the President of the University on July 21, 1978. These policies state in general terms the rights and obligations of students, standards of conduct, requirements applying to student organizations, and regulations governing the use of University properties by students, faculty, administrative staff, and other University employees for activities within the University.

   2. Laboratory Rules and Regulations

      1. The Lawrence Berkeley National Laboratory (Berkeley Lab) rules and regulations that follow are consistent with the principles contained in University of California systemwide policies. These rules and regulations apply specifically to the Laboratory and its employees, consultants, affiliates, and visitors.
      2. Nondiscrimination. The University is committed to a policy against legally impermissible, arbitrary, or unreasonable discriminatory practices. The Laboratory is governed by this policy of nondiscrimination. The intent of University policy on nondiscrimination is to reflect fully the spirit of the law. In carrying out this policy, the Laboratory will be sensitive to the existence of past and continuing societal discrimination.
      3. Right of Free Expression and Advocacy. Consistent with University of California systemwide policies and Laboratory regulations, members of the Laboratory have the right of free expression and advocacy. The purpose of these Laboratory regulations is to ensure orderly conduct, non-interference with Laboratory functions and activities, identification of sponsoring groups or individuals, and reasonable protection to persons against practices that would make them involuntary audiences. As provided in these regulations, members of the Laboratory may hold meetings (including organized discussions, cultural events, and entertainment) outside normal working hours, distribute materials, and post notices.
      4. Limits of Applicability. Certain Laboratory-related activities may occur in Laboratory facilities outside normal working hours. These include activities of the Laboratory Employee Activities Association, meetings of employee organizations, and occasional meetings of professional groups. Separate and additional Laboratory regulations govern these activities and organizations. The rules contained herein apply to these groups only insofar as their members hold meetings or conduct other activities covered by these rules.
      5. Laboratory-Registered Associations. Groups of Laboratory members who wish to use Berkeley Lab facilities to meet outside regular working hours on a continuing basis are required to register with the Human Resources Department in accordance with Section D.3, Regulations Concerning Use of Laboratory Properties, of this policy. Laboratory-registered associations include independent sponsors referred to in Section D.2, Time, Place, and Manner Regulations, and Section D.3, Regulations Concerning Use of Laboratory Properties.
      6. State of Emergency. When extreme conditions exist as a result of natural disasters, civil disorders, or other such seriously disruptive events, and when extraordinary measures are required to immediately avert, alleviate, or repair damage to University property to protect the health or safety of persons on University property or to maintain the orderly operation of the Laboratory, the Director of the Laboratory may, after consultation with the University President and, when possible, with Laboratory members, declare a state of emergency and place into effect orders appropriate to the emergency. Such measures are required by University of California Policies Applying to Campus Activities, Organizations, and Students. Consistent with the provisions of §82.00 of these University Policies (Emergency Regulations and Procedures), violation of such orders will result in action against the employees or visitors, as appropriate under the circumstances. The declaration of such a state of emergency may require temporary suspension of these rules and regulations.

2. Time, Place, and Manner Regulations

   1. Meetings. The Laboratory has established regulations governing the scheduling and conduct of meetings that are open to all employees. Meetings or other activities that are not official Laboratory or Laboratory-related business (referred to below as "Independently Sponsored Open Meetings" or "Open Meetings") are permitted, subject to the following rules on time, place, and manner, and the provisions of Section D.3, Regulations Concerning Use of Laboratory Properties:

      1. Time of Independently Sponsored Open Meetings. The time of open meetings is restricted to the noon hour (12 p.m. to 1 p.m.) and after 5 p.m., Mondays through Fridays, holidays excluded. In the scheduling of meetings, Laboratory business will have priority in the use of properties.
      2. Location and Equipment. Open meetings may be held in the Building 50 auditorium or, for smaller groups, in selected conference rooms and the cafeteria lower dining room at noontime. In the auditorium, the use of normally available microphone and projection equipment will be provided by the Laboratory, if requested at the time of application. Individual members of groups using the properties (including the microphone and projection equipment) will be responsible for all costs of such use over and above the Laboratory's normal operating costs. If there is any loss or damage to that property or equipment because of the group's use, members of the group may be held jointly and severally liable.
      3. Attendance and Identification at Open Meetings. Because the intent of these regulations is primarily to provide opportunity for free discussion and exchange of views among members of the Laboratory and because the seating capacity of Laboratory properties is limited, attendance at all independently sponsored open meetings is restricted to members of the Laboratory and their guests (see Section D.3.c.iii of this policy), official visitors, and other persons with official business at the Laboratory, apart from the invited speakers or participants identified in the request for reservation of properties. The Laboratory reserves the right to require identification of all persons attending such meetings. Sponsoring organizations or individuals may not put further restrictions on eligibility for attendance at open meetings.
      4. Time Off to Attend Open Meetings. Employees who take time off to attend an open meeting are subject to existing Laboratory policies concerning time off for personal reasons. Prior approval must be secured by an employee from their supervisor to ensure that the absence will not interfere with the work of the employee's division or department.
      5. Publicity for Open Meetings. Announcements and other publicity for independently sponsored open meetings will be restricted to distribution within the Laboratory and in no way imply Laboratory or University sponsorship or endorsement of the meeting or of the topic or position advocated. For regulations governing posting or other distribution of announcements, see Section D.2.b.ii, Announcements of Independently Sponsored Open Meetings.
      6. Conduct of Open Meetings. The conduct of open meetings will be orderly and responsible, with the proper courtesy shown to speaker and members of the audience alike. To facilitate proper conduct of the meeting and to prevent interference with the functioning of the Laboratory, the chairperson of the meeting will be responsible for maintaining reasonable order and ensuring strict adherence to the time and location limitations stated above. In accordance with the traditions of the University community, audiences should be allowed to ask questions of speakers, time and format permitting. Open meetings will be conducted in accordance with University policies such that its properties may not be used for organizing or carrying out unlawful activity. Properties may be used for commercial or fund-raising activities only with prior approval of the Laboratory Director, as provided in Section D.3.b.iv of this policy. 
      7. Frequency of Open Meetings. Laboratory properties will not be available for use by independently sponsored groups if these properties are needed for official Laboratory business. For this reason, the number of independently sponsored open meetings at noontime normally may not exceed six in any calendar month.
   2. Posting and Exhibition of Notices and Announcements
      1. Posting of Materials. The posting of noncommercial notices is permitted on bulletin boards specifically designated for this purpose and labeled "Open Bulletin Boards." Any Laboratory member may use these bulletin boards, but all posted material must bear the date of posting and the name and Laboratory address of the sponsoring Laboratory organization or responsible member of the Laboratory. These bulletin boards may be cleared once a week by an authorized person; otherwise, removal of material from an open bulletin board is prohibited. The following is a listing of designated open bulletin boards. This listing may be modified as appropriate:
         1. Building 2 (across from the elevator on the first floor)
         2. Building 26 (Health Services basement hallway)
         3. Building 46 (mezzanine, outside Room 150, outside Room 171)
         4. Building 50 (second floor, fourth floor near library)
         5. Building 50A (near the elevator on the fifth floor, outside Room 2129)
         6. Building 50B (near the elevator on the first, second, and third floors; opposite Room 2265)
         7. Building 54 (cafeteria lobby)
         8. Building 62 (first floor inside the entrance)
         9. Building 70A (first floor)
         10. Building 76 (near Room 212)
         11. Building 77 (lunchroom)
         12. Building 80 (kitchen)
         13. Building 90 (across from Room 1099, near Room 1136, near Room 3148)
         14. Building 936B (hallway)
         15. Building 938 (second-floor kitchen)
      2. Announcements of Independently Sponsored Open Meetings. Factual announcements of approved independently sponsored open meetings may be posted in each department or division on an area of a bulletin board set aside for such announcements. In addition, the posting of one copy of the factual announcement in each of the elevators of buildings 50A, 50B, and 90 is permitted. Procedures concerning these announcements are described in Section D.3.c.iii of this policy. Additional announcements or advertising must satisfy the conditions of Section D.2.a.v, Publicity for Open Meetings, and can only be posted on the open bulletin boards, and must be prepared at no cost to the Laboratory.
   3. Distribution of Materials
   1. 1. The general distribution of leaflets or other materials inside the Laboratory is prohibited. Distribution of handbills, statements, and other noncommercial materials at specific times and locations is permitted as follows:
      2. Immediately before or after an independently sponsored open meeting, the sponsors may have a table for the purpose of displaying informational materials relevant to the meeting set up outside the entrance to the meeting room. The table arrangement should not obstruct the flow of traffic or otherwise interfere with the functioning of the Laboratory.
      3. All handbills, statements, or other materials must clearly indicate the name and Laboratory address of the responsible member of the Laboratory, Laboratory organization, or Laboratory division.
      4. In the distribution of materials, efforts must be made to avoid litter. Distribution by accosting individuals, hawking, or shouting is prohibited.
      5. Use of Laboratory duplicating equipment or other facilities for preparation of nonofficial handbills or other materials for distribution is prohibited.

3. Regulations Concerning Use of Laboratory Properties. The following procedures and regulations govern the authorized use of Laboratory properties for open meetings. The purpose of the regulations is to ensure reasonable and fair use of Laboratory properties for free expression and advocacy and, at the same time, to prevent interference with the functioning of the Laboratory.

   1. Use of Laboratory Equipment, Supplies, and Services. Except as provided in Section D.2.a.ii, Location and Equipment, Laboratory equipment, supplies, and services (duplicating machines, telephones, mail service, vehicles, computers, stationery, and other equipment, supplies, and services) may be used only for, or in connection with, official Laboratory business.

   2. Reservation of Properties for Open Meetings

      1. The Laboratory properties designated in Section D.2.a.ii, Location and Equipment, may be reserved for open meetings at the times permitted in Section D.2.a.i, Time of Independently Sponsored Open Meetings, on application by six or more members of the Laboratory, at least three of whom are Laboratory employees (including faculty with joint appointments, whether or not they are presently being paid by the Laboratory). The applicants assume responsibility for violations of Laboratory regulations that occur in connection with their use of the facilities and may not turn a reservation over to others.

      2. Reservations must be made at the office of the Chief Human Resources and Diversity Officer (CHRO), on forms provided for that purpose. The form must show the names and signatures of at least six of the applicants and their status at the Laboratory, the nature of the event, its date and time, the property requested, the name of the chairperson, and the names and relevant identification of all persons invited to speak or participate. Except for unusual circumstances, reservations must be requested at least four, and not more than twenty, working days before the event. No reservation is complete until notice of approval is received from the CHRO.

      3. Lawrence Berkeley National Laboratory, as part of the University of California (a state instrumentality), must remain neutral on religious and political matters and cannot sponsor or fund religious or political activities, except when authorized by the Regents or the President of the University or their designees. Registered religious or political organizations of Laboratory members may have access to Laboratory properties on the same basis as other registered organizations, subject to the provisions of these regulations.

      4. A request to use Laboratory properties for commercial or fund-raising purposes must identify the purpose. The activity may not violate the intent of the University policies, must meet all provisions stated therein, and is subject to prior approval by the Laboratory Director.

      5. A request for a reservation will normally be approved within a reasonable time (no more than two working days) after receipt of a properly executed application, subject only to the availability of the properties and the limitations on frequency of open meetings of Section D.2.a.vii, Frequency of Open Meetings.

      6. If a request for a reservation is denied for any reason other than lack of availability of facilities or frequency limitation, the denial will be in the form of a written communication to the applicants stating the reason or reasons for the denial.

      7. The CHRO will be responsible for administering these regulations in all aspects and for reporting violations to the rules and their recommendations concerning them to the Laboratory Director.

   3. Posting of Notices and Distribution of Announcements of Open Meetings

      1. The open bulletin boards described in Section D.2.b.i, Posting of Materials, will be cleared routinely once a week (on Friday afternoon).

      2. Removal of notices or other material from open bulletin boards by anyone other than the designated official or the original poster is prohibited.

      3. Announcements for independently sponsored open meetings will be submitted to the CHRO. The text of the announcement to be distributed must bear the names of the sponsoring individuals and the name of the chairperson and must confine itself to a factual description of the meeting. The announcement will bear the words "Independently Sponsored Open Meeting, permitted under the Laboratory Time, Place and Manner Rules. Attendance limited to members of the Laboratory and authorized visitors." (In the context of these regulations, authorized visitors are individually invited immediate family, relatives, or guests of a member of the Lawrence Berkeley National Laboratory. The member assumes responsibility for their presence and conduct while on the Laboratory site. Visitors will be permitted only if adequate space is available.) The sponsors will be responsible for the distribution of these announcements and their posting on the designated areas of department or on division bulletin boards, and the sponsors are responsible for the posting and removal of announcements in the elevators. See Section D.2.b.ii, Announcements of Independently Sponsored Open Meetings, of this policy.

   4. Request for Reconsideration. Applicants who are denied a reservation for the use of Laboratory properties and contend that the denial is based on an incorrect application of these regulations may submit a written request for reconsideration to the CHRO. The CHRO will rule on the request in light of the right of free expression and advocacy of every member of the Laboratory as much as in the best interests of the Laboratory community as a whole. If the complaint is not resolved by the Head of the Human Resources Department to the satisfaction of all parties, an appeal may be made to the Laboratory Director.

4. Laboratory-Registered Associations

   1. General

      1. Voluntary activities of groups of Laboratory employees with common interests outside regular working hours may be registered as Laboratory associations. Registration of such associations is required to facilitate regular and/or occasional arrangements for the use of Laboratory properties for meetings of such Laboratory associations. Meetings of the associations are governed by Section D.2, Time, Place, and Manner Regulations, and Section D.3, Regulations Concerning Use of Laboratory Properties.
      2. Employee associations may not engage in activities that could be viewed as interfering with the rights of unions or that fall within the scope of exclusive representation. Associations may not act as advocates or represent employees in negotiations, grievances, complaints, or other disputes or issues with management involving terms and conditions of employment.
      3. Policies relating to employee organizations (unions) are found in RPM 2.19, Rules and Regulations on Relations with Employee Organizations, and within the appropriate collective bargaining agreements.

   2. Registration Procedure. Registration forms and information may be obtained from the Human Resources Department. Groups of Laboratory members who wish to use Laboratory properties for these types of voluntary activities must be registered and approved by the CHRO. A registration card must be completed, which becomes a public record and contains:Use of University of California Lawrence Berkeley National Laboratory Name. Laboratory-registered associations may not use the name of the University of California or the Lawrence Berkeley National Laboratory or abbreviations of either name as part of their own names without written authorization of the Associate Laboratory Director for Operations or designee. In addition, such associations may not indicate or imply that they are acting on behalf of the University of California or the Laboratory.

      1. The name of the association
      2. A statement of the association's purpose and a copy of the constitution and bylaws or any other document that the named association acknowledges as describing the character of the association
      3. The names of three Laboratory members (at least one of whom is a Laboratory employee) who are currently officers or authorized representatives of the association
      4. An attestation, to be signed by the three Laboratory members named in Section D.4.b.iii, above, of acceptance of responsibility for the association's compliance with Laboratory and University regulations and procedures.
   3. Use of University of California Lawrence Berkeley National Laboratory Name. Laboratory-registered associations may not use the name of the University of California or the Lawrence Berkeley National Laboratory or abbreviations of either name as part of their own names without written authorization of the Associate Laboratory Director for Operations or designee. In addition, such associations may not indicate or imply that they are acting on behalf of the University of California or the Laboratory.
   4. Compliance with Laboratory and University Regulations and Procedures. The activity and meetings of Laboratory-registered associations must be in accordance with and comply with Laboratory and University regulations and procedures. These activities and meetings must not interfere with the Laboratory's fulfillment of its responsibilities to DOE, the University, or other agencies.

   5. Laboratory Employee Activities Association Support. Laboratory-registered employee associations may be eligible for limited support through the Employee Activities Association. See the Employee Morale Funds policy. Guidelines to request support as well as association bylaws are available through the Association Coordinator in the Human Resources Department.

E. Roles and Responsibilities

Managers, supervisors, and employees have the responsibility to adhere to the provisions of this policy.

F. Definitions/Acronyms

G. Recordkeeping Requirements

None

H. Implementing Documents

None

I. Contact Information

For more information, contact your division's HR Field team.

Feedback on HR policies or procedures is welcomed. Send comments to [email protected].

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents

University of California Policies Applying to Campus Activities, Organizations, and Students (PACAOS)

Implementing Documents

None