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June 1, 1998
Robert W. DeGrasse, Jr.
Office of Worker and Community Transition
1000 Independence Avenue, S.W.
Washington, D.C. 20585
Dear Bob,
The purpose of this letter is provide the follow-up information
you requested in last weeks meeting. Specifically, it is to address
the LANL abuse of "term" appointments to avoid their
3161 rehire obligations and to bypass their AA/EEO obligations.
I am copying LANL's Diversity Officer and the LANL Director, for
their action. I believe that the current LANL policy is not only
unethical but illegal.
As the (enclosed) copy of LANL policy AM 104 shows LANL hiring practices are riddled with paths around "normal" hiring practices and AA/EEO obligations. The Limited Term conversion, without advertisement of the job, is unique within the UC system and much abused. Post Doc conversion, without advertisement, is unique within the UC system. GRA conversion, not even allowed within AM 104, frequently takes place, and is even specified on the LANL Web page, as the "GRA Conversion" enclosure shows. The Post Doc and GRA conversion practices seem to outright age discrimination. Such practices are not the norm in the University of California (UC) system, or at the other Labs, as demonstrated by the enclosed policy from Berkeley a "sister" Lab.
The Limited Term abuses at LANL are frequent and profound. With a change to the (enclosed) AM 113 in 1991, LANL made "term" appointments terminable with 15 days notice, whereas they had been contracted for a fixed period, e.g. 2 years. As "term" appointments now have no rights, LANL employees will not apply for "term" jobs. With no LANL applicants there is no one with "standing" to question the selection process, thus the managers can hire whomever they wish. Then, at some convenient future time, a simple Personnel Action converts the hired friend to a "regular" UC appointment, without any need to advertise/compete the job. This is what happened prior to the 1995 RIF as illustrated in the (enclosed) May 16, 1998 letter to Senator Polanco. In this case five "term" hires were "front loaded" between 05/01/95 and 09/13/95 to directly displace five UC "regulars" of long service who were RIF'd. This directly violated the intention of 3161. The five "term" employees were then converted to regulars without any opportunity for the displaced employees to "bid" on the jobs, thus violating their 3161 Preferential Rehire rights. Such practices took place across the Lab as demonstrated in the (enclosed) listing of conversions. While LANL hired some 95 people in FY 1996 they converted 175! This practice continues to the present with 23 "term" employees converted thus far in FY 1998.
Post Doc hiring practices at LANL constitute outright age discrimination. Post Docs are hired by a special Post Doc process, which is detailed in the (enclosed) PostDoctoral Program Guidelines. Noted in those Guidelines is that PostDocs can be converted without the position being advertised. Thus, Post Docs are hired via a process that LANL employees do not have access to. They are then converted to unadvertised jobs that LANL employees have no access to. In the 1995 RIF Post Docs were exempted from consideration for RIF (enclosure), and then converted to jobs vacated by the RIF of "regular" employees. This is well illustrated by the case of Dr. Robert Clark, whom you know. He was RIF'd by X-Division, in violation of 3161 guidance as Post Docs were preferentially retained. He has subsequently been denied the opportunity for Preferential Rehire as 14 conversions, mostly Post Doc, took place from 10/01/95 to 05/05/97 in X-Division jobs for which Bob qualifies. In the case of Langdon Bennett, it seems that LANL policy was violated as he did not have 1 year of service before conversion, a requirement of AM 104. He was hired on 05/20/96 and converted on 08/05/96. No problem, Human Resources (HR) approved it anyway. In the cases of Mark Gray and Edward Mackerrow they were actually transferred into X-Division. Bob Clark's Preferential Rehire rights have clearly been trampled by these practices, and age discrimination seems indisputable. Post Doc conversions continue with 42 in FY 98.
GRA conversions constitute another case of outright age discrimination. They are hired via a special hiring process unavailable to LANL employees and then converted (enclosure) without job advertisement thus barring LANL employees from application. GRA's were also excluded from consideration for the 1995 RIF thus directly violating the intention of 3161 by discriminating against those of long service. Then, GRA's were converted, in large numbers (enclosure), without advertisement, violating the 3161 Preferential Rehire provisions. Though GRA conversions violate LANL policy (AM 104) they continue to this day.
A further vehicle of discrimination at LANL is the use of waivers to advertising. These are used to hire contractors without LANL employees, or ex employees, having a right to "bid" on the jobs. After only 8 waivers in FY 95, all during the "run up" to the RIF there were 49 waivers in FY 96 as they were used to avoid job advertisements that the RIF'd employees could bid on, thus violating the 3161 Preferential Rehire provisions. Like the conversions, the waivers show an under-representation of minorities thus they are a vehicle for discrimination. Like the conversion policies the widespread use of waivers is not allowed at the other UC campuses. I have enclosed 4 waiver applications to illustrate the problem. In all cases the claim is made that "delay incurred by following the advertising procedures would seriously impact" (AM 104). In all case the individuals are already performing the work, and no claim is made that their departure is imminent. Yet, these specious claims were approved by HR.
Why does LANL HR not do something? Because HR is a central part of the problem. Tom Cordova, the 3161 rehire coordinator at LANL, was on the (6 person) RIF selection team. Not an obvious choice to further the interests of Preferential Rehire of those he helped to RIF. Mick Trujillo, of the Diversity Office, was on the RIF selection team. Not an obvious choice to concern himself with the ongoing discrimination against the RIF'd employees. Mike Lucero, the HR Director, was hired in violation of the Labs own policies, thus he is unlikely to enforce Lab policies, such as the GRA conversion and waiver policy violations. HR is not the solution, they are the problem.
What has DOE's role been? DOE had a very real, though perhaps unwitting, supporting role in LANL personnel abuses. DOE paid, under 3161, to RIF the LANL employees in 1995; the cost did not (unlike past RIFs) come out of the LANL operating budget. Thus LANL management, planning further RIFs in FY 96 and FY 97, had a strong incentive to target LANL employees of long service, those with the big severance packages. DOE gave LANL management a "free shot" at LANL employees, those whom 3161 was to benefit. DOE stood by while LANL management directly compared LANL/UC employees, with 3161 preference, against contractors and "term" employees, and terminated the UC employees. Then DOE stood by while LANL refused, and then resisted, their 3161 rehire obligations, while hiring/converting 1100 people. DOE has paid the bill for LANL abuses while LANL management has violated all their 3161 obligations and AA/EEO laws.
What can DOE, especially your office, do? You can insist on LANL policy changes. The Limited Term, GRA, and Post Doc, policy abuses detailed and documented in this package must stop. They are illegal, they "end run" AA/EEO. You are now fully appraised of this illegal situation, you must stop it. You can demand your 3161 money back from LANL/UC. They took the money under false pretenses and used it to target the very people that the money was intended to aid. Demand the money back! Lastly, stop pretending that Tom Cordova is doing an adequate job on Preferential Rehire. Insist on the creation of "dispute resolution board," as called out in 3161, "Sites, in consultation with the Office of Dispute Resolution, should establish a process, such as a dispute resolution board, for resolution of disputes as to individual hiring preference, including determinations as to whether and applicant is qualified."
Your office has financed the 1995 RIFs with over $20,000,000. LANL management has taken the money and used it to target the very people that the U.S. Congress intended the money to aid, while thumbing their noses at DOE. This cannot, at this late date, be undone. You can, however, meet your current obligations, and create an impartial dispute resolution board to enforce the Preferential Rehire. Even better, given the overwhelming abuses by LANL management of the 3161 process, simply order those who wish rehire to be rehired. That would seem appropriate. Stop cooperating with the LANL HR staff in their continuing efforts to thwart the intent of 3161.
I am at your service, with any further documentation or information you may require for a full understanding of the LANL personnel abuses relating to the 1995 RIF and their ongoing illegal activities.
Thanking you for your prompt attention
to this most serious matter I am,
Sincerely Yours,
Chris Mechels
CLER Vice President
Rt 4, Box 2-B
Santa Fe, New Mexico 87501
505-982-7144
| CC: | Senator Richard Polanco Manual Trujillo, CLER Dr. Robert Clark Dr. John Browne, LANL Director Tom Garcia, LANL Deputy Director Marion Timm, LANL Diversity Office |
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