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Appointments, Upper Laboratory Management

    Title:

    Appointments, Upper Laboratory Management

    Publication date:

    5/29/2015

    Effective date:

    2/26/2009

    BRIEF

    Policy Summary

    This policy applies to appointees and incumbents in the University of California Senior Management Group (SMG) and positions designated as Upper Laboratory Management, collectively referred to as Laboratory Management or Laboratory Managers. The positions covered by this policy are found on the Lawrence Berkeley National Laboratory Management Positions list.

    Who Should Read This Policy

    Employees in the Upper Laboratory Management appointment

    To Read the Full Policy, Go To:

    The POLICY tab on this wiki page.

    Additional employment policies for positions included in the University Senior Management Group may be found in Senior Management Group (SMG) Human Resources Policies.

    Contact Information

    For more information, contact your division's Human Resources Center.

    Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

    Title:

    Appointments, Upper Laboratory Management

    Publication date:

    5/29/2015

    Effective date:

    2/26/2009

    POLICY

    A. Purpose

    Lawrence Berkeley National Laboratory (Berkeley Lab) employs persons in one of many different appointment types. Each appointment type has defined terms and conditions of employment. This policy applies to appointees and incumbents in the University of California Senior Management Group (SMG) and positions designated as Upper Laboratory Management, collectively referred to as Laboratory Management or Laboratory Managers. The positions covered by this policy are found on the Lawrence Berkeley National Laboratory Management Positions list.

    B. Persons Affected

    Employees in the Upper Laboratory Management appointment

    C. Exceptions

    Requests 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 and Diversity Officer (CHRO).

    D. Policy Statement

    1. Laboratory Management
      1. Appointees and incumbents in positions designated as Laboratory Management have responsibility for defining overall Laboratory policy and direction. Laboratory Managers are appointed by and serve at the discretion of the Regents, the President of the University of California, or the Laboratory Director, as appropriate. All such appointments are at will and may be terminated at any time with or without cause.
      2. The following policies do not apply to positions designated as Laboratory Management due to the at-will nature of such appointments.
        1. Probationary Period — See Section D.6 of the Terms & Conditions of Employment policy
        2. Compensation
        3. Early Problem Resolution (RPM 2.05[B])
        4. Corrective Action and Dismissal
        5. Employee Complaint Resolution
        6. Reduction in Force
      3. Appointees entering Laboratory Management positions who hold Laboratory scientific staff appointments (see RPM 2.07, Professional Research Staff) will retain that parallel classification while serving as Laboratory Managers. In addition, Laboratory Managers will, when appropriate, be considered (using normal Laboratory procedures) for entrance into or advancement in such parallel scientific classifications.
      4. When an incumbent's appointment in a position designated as Laboratory Management is terminated, he or she will be returned to the appropriate parallel Laboratory scientific classification, held or attained.
      5. If a decision is made to also terminate an appointee's parallel scientific classification, the applicable provisions of RPM policies 2.05 (Management/Employee Relations)2.07 (Professional Research Staff), and 2.21 (Terminations) must be followed.
      6. Additional employment policies for positions included in the University Senior Management Group may be found in Senior Management Group (SMG) Human Resources Policies.
    2. UC-Managed DOE National Laboratories Policy on At-Will Upper Management Personnel
      1. General
        1. Laboratory managers in positions that have been designated as Upper Management serve at the discretion of the Laboratory Director.[1] Personnel so designated will be informed in writing of this classification. Employees in these positions may be terminated from their appointment, up to and including termination from employment, at any time with or without cause or notice. The at-will status of employees appointed to these positions cannot be altered except by amendment of this policy.
        2. Additional employment policies for positions included in the University Senior Management Group may be found in Senior Management Group (SMG) Human Resources Policies
        3. Positions designated as Upper Laboratory Management are found on the Lawrence Berkeley National Laboratory Management Positions list.
      2. Notice. An employee who is terminated from employment under this policy may receive, at the sole discretion of the Laboratory Director,[1] up to 60 calendar days' advance written notice of termination or pay in lieu thereof.
      3. Termination Assistance. An employee whose employment is to be terminated under this policy may receive, at the sole discretion of the Laboratory Director,[1] assistance that may include one or more of the following:
        1. Assignment to another position, if such a position is available, the employee is qualified to perform the work, and the new assignment is in the University's best interests.

          1. In the event of such a reassignment, the employee's salary may not exceed the maximum of the salary range for the new position unless an exception to this policy is requested by the Laboratory Director and approved by the Associate Vice President—Human Resources and Benefits, Office of the President. When required by DOE Contracts or UC policy, approval of the salary must also be obtained from the DOE Office of Science, DOE National Nuclear Security Administration, and/or The Regents.

          2. If the new position has no established salary range or salary range maximum, the employee's new compensation rate will be established based on an analysis supervised by the Laboratory's Human Resources Director of the proposed job duties and responsibilities. The new salary may not exceed that of the highest-paid employee performing a similar mix of responsibilities unless an exception to this policy is requested by the Laboratory Director and approved by the Associate Vice President—Human Resources and Benefits, Office of the President.

        2. Career counseling or outplacement services.

        3. Reasonable time off with pay to interview for other jobs.

      4. Severance Pay. Except in the case of termination for misconduct, an employee whose employment is to be terminated under this policy, and who is not reassigned to another position pursuant to Section D.7.c.i of this policy will receive a severance payment equal to four months' salary.

        1. In the event that the University's contract to manage a DOE Laboratory expires or is terminated, an employee who is offered employment with a successor contractor shall not be eligible for severance pay under this policy if, in the University's judgment, the salary offered is comparable. Since continuing employment is being offered, the employee will be considered to have voluntarily terminated whether or not he/she decides to accept the position with the successor contractor.

        2. Repayment: An employee who has received severance pay under this policy and who returns to work in a career position with the University or a successor contractor at the same or higher salary and at the same percentage of time as of the date of termination shall repay to the University any portion of severance pay received that is in excess of the time the employee was separated from the University. 

      5. Resolution of Concerns. Concerns about conditions and actions affecting an appointee's employment pursuant to this policy may be addressed under Section D.3, UC-Managed DOE National Laboratories Resolution of Concerns for At-Will Upper Management Personnel, below.

      6. Authority. The Laboratory Director retains authority to terminate the appointment, up to and including termination from employment, of an employee covered by this policy.[1] Any exceptions to the provisions of this policy must be approved by the President.

    3. UC-Managed DOE National Laboratories Resolution of Concerns for At-Will Upper Management Personnel

      1. General. Appointees covered by the Policy on At-Will Upper Management Personnel serve at the pleasure of the Laboratory Director.[2] Concerns about conditions and actions affecting an appointee's employment are expected to be discussed with the individual's immediate supervisor. If the concerns cannot be resolved through such discussions, those concerns may be submitted in writing to the Laboratory Director or, as appropriate, to the President, Vice President—Laboratory Management, Regents Officer, or designee for review. The Laboratory Director, President, Vice President—Laboratory Management, Regents Officer, or designee shall take such action as deemed appropriate.
      2. Applicability of Other Laboratory Policies. Each Laboratory's local human resources policies indicate whether or not other Laboratory polices, including but not limited to, policies and procedures relating to complaints of discrimination of the basis of a protected category (for example, race or whistleblower status), sexual harassment, or other complaints procedures or policies are applicable to Upper Management positions. However, neither those policies, procedures, or practices, nor any other written or verbal communication is intended to create a contract or policy of employment that in any way alters or modifies the terms of the Policy on At-Will Upper Management Personnel. (See Section D.1 of this policy.)

    ___________
    Notes:
    1. When an Upper Management position is the joint appointment of a laboratory and a systemwide (University or Regents) officer, termination shall be subject to the concurrence of such officer. When appropriate, the Laboratory Director will coordinate with the Vice President—Laboratory Management.
    2. When an Upper Management position is the joint appointment of a laboratory and a systemwide (University or Regents) officer, appointees serve at the pleasure of both officers. Concerns raised under this policy should be addressed to both appointment authorities.

    E. Roles and Responsibilities

    Role

    Responsibility

    Laboratory Management

    Has responsibility for defining overall Laboratory policy and direction

    F. Definitions/Acronyms

    None

    G. Recordkeeping Requirements

    None

    H. Implementing Documents

    I. Contact Information

    For more information, contact your division's Human Resources Center.

    Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

    J. Revision History

    Date

    Revision

    By whom

    Revision Description

    Section(s) affected

    Change Type

    1/2/2012

    0

    M. Bello

    Rewrite for wiki (brief)

    All

    Minor

    5/29/2015

    1

    L. Westphal

    Rewrite for wiki (policy)

    All

    Minor

    DOCUMENT INFORMATION

    Title:

    Appointments, Upper Laboratory Management

    Document number

    02.03.008.000

    Revision number

    1

    Publication date:

    5/29/2015

    Effective date:

    2/26/2009

    Next review date:

    5/29/2018

    Policy Area:

    Types of Appointments

    RPM Section (home)

    Human Resources

    RPM Section (cross-reference)

    Section 2.01(F)(3); Section 2.27

    Functional Division

    Human Resources

    Prior reference information (optional)

     

    Source Requirements Documents

    • DOE Contract 31, Clause I.69, DEAR 952.215-70, Key Personnel (DEC 2000)
    • University of California Senior Management Group (SMG) HR Policies

    Implementing Documents

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