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August 1998
Victory for Organized LANL Employees
Perhaps you've not heard, but we, the organized workers of Los Alamos National Laboratory (LANL), finally scored a big victory thanks to the efforts of the Citizens for LANL Employee Rights (CLER). CLER is the only independent employee organization that LANL has ever known; unfortunately LANL does not currently sanction it.
In an historic May settlement, UC and LANL agreed to settle all claims by 97 CLER members who participated in a Group Lawsuit. The lawsuit resulted from the November 1995 layoff, in which LANL laid off 193 UC employees. On the eve of the layoff, employees and others organized into Citizens for LANL Employee Rights. Over 100 members were laid-off employees. Prior to the settlement CLER had succeeded in having 40 of the 193 laid-off UC employees rehired.
The settlement stipulates payment of nearly $2.9 million to the 97 laid-off members of CLER! Furthermore, 25 of the laid off workers will be rehired. The settlement includes remedies for lost benefits and attorney fees.
In a separate May settlement, findings of discrimination, especially against Hispanics, were also addressed. The UC/LANL agreed to a payment of $625,000, as part of a US Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) consent decree against LANL. OFCCP concluded that LANL discriminated against Hispanic employees during the 1995 layoff. This in itself was a major accomplishment in that it took nearly a year of extensive lobbying by CLER just to get the OFCCP to start the investigation, then another year to get the OFCCP to conclude their investigation and to release their findings. They found that Hispanics, though they represented only 27% of LANL's workforce, were laid off at twice the rate of non-Hispanic employees, who represented nearly 70% of the workforce. LANL's own in-house analysis obtained through discovery calculated the odds of this occurring, absent of bias, as 1 in 3 million! The total layoff related LANL payments are likely to approach $5 million before all the dust settles.
Neighboring communities of northern New Mexico will also benefit from dramatic increases in LANL/UC emphasis on community outreach, economic development, and philanthropic spending. For example, LANL agreed to establish a foundation for a variety of community programs, including scholarships and school equipment.
Never in the history of the LANL has there been such a clear and substantive victory for workers or surrounding communities of northern New Mexico. This is a direct outcome of CLER's battle to make UC/LANL a more responsible employer and a better neighbor to northern New Mexico and its workers.
In addition to the remedies noted above, another historic event gives us hope that the Laboratory will bring its personnel practices in line with those of the University of California. This would include granting LANL workers the right to form an independent employee organization at LANL similar to SPSE.
On May 8, history was made when, for the first time ever, members of both the New Mexico and California State legislatures held a joint legislative hearing in Santa Fe, at the prompting of CLER. This had never happened in the 55 year history of the Laboratory. CLER brought the many problems arising from UC's dismal labor practices to the attention of New Mexico's lawmakers, who agreed to invite their colleagues from California. The Senate majority leader of the State of California, Senator Richard Polanco, along with the Assembly (House) Budget Chair for the State of California (controlling a $70 billion budget), Denise Moreno Ducheny, joined several New Mexico legislators at the capital complex in Santa Fe. Present were our own Senate President Pro Tem Manny Aragon, Senate Majority Whip Ben Lujan, and Speaker of the House Raymond Sanchez. Former CLER President Chuck Montano, and current Vice President Chris Mechels, addressed the legislators on behalf of LANL workers. LANL Director John Brown, Judson King, Provost for UC, and Carmen Estrada from UC's Office of Human Resources (headed by Lubbe Levin) represented LANL and the UC.
Revelations made public that day struck a chord with the legislators. They were dismayed over the fact that LANL workers were being treated differently from their LLNL counterparts in terms of employee rights, lacking the right to unionize or to form independent employee organizations. Both California lawmakers pledged to seek changes, if necessary, through legislation.
We hope that the settlements and the changes resulting from the visit of Polanco and Ducheny are going to set the stage for healing those harmed in the layoff. /Chuck Montano
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