A. UC-Managed DOE National Laboratories Policy on At Will Upper Management Personnel
1. General
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.
Additional employment policies for positions included in the University Senior Management Group may be found in Personnel Policy for Staff Members, Appendix II.
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 sixty 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:
a. 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.
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/NNSA, and/or The Regents.
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.
b. Career counseling or outplacement services.
c. 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 Paragraph (A)(3)(a), will receive a severance payment equal to four months salary.
a. 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.
b. 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 the Resolution of Concerns for At Will Upper Management Personnel policy, 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.
B. 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 (RPM 2.01(D)(3) (Laboratory Management)).
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Notes:
[1] When an Upper Management position is the joint appointment of a laboratory and a system-wide (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.