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Many LLNL scientists and engineers have the impression that we have an inverse seniority layoff policy. Director Tarter says that he wants to replace the inverse seniority order of layoff with one based upon skills, knowledge, and abilities. The fact is that the current policy does not require an inverse seniority order of layoff.
The policy that has been in place for over twenty years is that skills, knowledge, and abilities take precedence over seniority in determining order of layoff. Precisely, it says that the order of layoff is by inverse seniority except that persons with skills, knowledge, or abilities (SKA) needed for ongoing programs may be retained regardless of their seniority. Inverse seniority provides an underlying objective basis for the order of layoff; it does not preempt retention on the basis of SKA.
So why the flap? Why not use the existing policy? The problem is that, under current policy, retention of persons on the basis of SKA may be challenged with a grievance or suit, by someone more senior, laid off, who claims to have the required SKA. Management must then be able to demonstrate to a neutral judge that SKA are the real reasons for retention. There must be good cause to deviate from the underlying objective basis. Management must be prepared to account for their own actions.
Tarter's proposal eliminates this accountability. His policy states: "the order of layoff is determined by management, based on skills, knowledge or abilities...." "Determined by management," these seemingly benign words pose a nearly insurmountable obstacle to anyone who would challenge their selection for layoff. They render almost meaningless the right of employees to grieve the order of layoff. An arbitrator or judge will interpret the policy literally: management determines the order!
You may have heard that SKA exceptions, under the current policy, can be applied to only 10 to 20% of the total number laid off. These figures are not founded in policy or law. They are simply a lawyer's estimate of what it would take to make a judge suspicious. A large number of exceptions would suggest systematic evasion of the underlying objective basis. Therefore, a large number of exceptions would require especially careful justification. Under current policy, the burden of proof is on management. But, if there is justification, then current policy allows any number of exceptions.
If you want to read the current policy for yourself, copies are available at the LLNL central library, from your division office. You will find the current layoff policy in the LLNL Personnel Policies and Procedures manual, Section K.II.3, page K-7.
If you are alarmed at the proposed changes, then act to empower yourself and your colleagues. Support establishment of an LLNL Scientists and Engineers Senate. Sign and return an authorization card, so that SPSE can call for an election supervised by the California Public Employment Relations Board. Bring democracy into our workplace.
What is an Authorization Card?
June 1995
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