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SPSE Newletter #1. February 2002
Editors: S. Koopman and K. Yates
P.O. Box 1066, 4047 First Street
Livermore, CA 94550
(925) 449-4846

Contents:

  • Good-Bye to Director Tarter
  • New Lab Survey Finds Old Lab Problems
  • New Math
  • Health Insurance Plan Gets Sick
  • Tough Times for Essential Employees
  • In Praise of Cheryl
  • Welcome to Eileen Montano
  • Our Pensions - What if UC Ends Contract?
  • EBA, Polygraph, SPeaker Series, and DOE
  •  Officers:

    President Jeff Colvin

    Secretary Jane Dignon

     

     President-elect Sue Byars

    Treasurer Doug Clarke

    Board Members:

    Kurt Glaesemann

    Sue Koopman

    Wayne Krause

    Sarah Lane

    Peter Norquist

     

    Bill Quirk

    Ralph Riviello

    Norman Thomas

    Patrick Weidhaas

    Kim Yates


    Good-Bye to Director Tarter

    In December 2001, Bruce Tarter announced that he'll step down as director of LLNL in 2002. He will stay on as director until the UC Regents have chosen a new director. We believe that Tarter deserves praise for steering the Lab through the very stormy past three years. We also believe that employees who are not privileged to be managers have little reason to deplore his departure.
    A Man For All Seasons?
    We do give Tarter credit for not jumping ship during times of crisis. First, there was "NIF-gate" for which he was punished by receiving a 0% raise ­ still, he stayed with the job. When hysteria over the Wen Ho Lee allegations and Chinese espionage threatened the very existence of the national labs, Tarter stood his ground. When accusations of discrimination (women's and Asian-American lawsuits) and lack of diversity could no longer be ignored, Tarter stayed on and even appointed an Asian and women into several AD positions. For his perseverance in these situations, Tarter deserves our praise. As a result of his steadfastness and for not losing sight of the goals of this laboratory, he and the Lab received high grades by the powers that run the Lab, UC and DOE. Recently, a monetary reward followed, Tarter received a whopping 12%.
    Not Exactly
    Unfortunately, Tarter's legacy in the area of what he refers to as "people stuff" is far less impressive. One of his first acts as director was to change the Lab's layoff policy from "inverse seniority" (an objective criterion) to "Skills, Knowledge, and Ability" (SKA, a subjective criterion, which managers can - and do - interpret any way they want). Next, Tarter introduced the "flexible term" category of employees. These are UC employees without grievance rights, in other words, "second class employees" who can be jerked around by management. I doubt that an employee who can be fired "at will" would publicize any security or health and safety problems that he/she observes.
    Tarter never supported the many employees who publicly spoke out against the insanity of polygraph-testing. While the director of LANL and the president of Sandia did speak out against polygraphy, LLNL's director remained silent. Yet, Tarter was very vocal about the low morale of the Lab's scientists and the problem of recruiting/retention of the best and the brightest. Of course, his lack of concern or support for the employees who denounced polygraphy contributed in no small measure to the low morale and the recruiting/retention problem.
    The Tribe has Spoken
    For years, the Lab has ranked and paid us according to a fundamental philosophy: there must be a significant gap between manager's and worker's salaries. That philosophy existed even before Tarter. Yet, during Tarter's reign, the salary gap only widened. Despite the lip service praising the Lab's technical workforce, ranking criteria put management activities squarely above technical accomplishments. Any former pretense of the existence of a "dual ladder" has now disappeared. Only as a manager can you earn top dollars ­ over and out. Last year, the Lab's survey asked employees what they thought of the salary and ranking process. They gave the process a fat "F." Just like on "Survivor," the tribe had spoken: the Lab's ranking and salary scheme had been voted out. But has Tarter's cabinet heard the tribe?
    High Hopes
    We hope that the future director will be a person who we can look up to technically and as a good leader. We hope for a director who understands that good working conditions and high morale of the employees makes a difference in what the Lab can accomplish. LLNL can be a better place to work with a director who places high priority on "people stuff."
    SPSE has an almost 30-year history of preserving and improving the work environment of scientists and engineers and is therefore well suited to lend its voice to the selection process for the next director. It is about time that the employee point of view is added into the process. / Patrick Weidhaas

    New Lab Survey Finds Old Lab Problems


    LLNL conducted an employee survey in FY2001. This survey came on the heels of a survey that SPSE conducted in 2000. General findings of both surveys suggest that LLNL employees are unhappy with many issues that include pay inequities, erosion of benefits, and the performance appraisal and ranking process. On the up side, however, both surveys also determined that most employees are proud to work at LLNL but believe it can be better.
    All of the SPSE 2000 survey results, including all of the raw data and comments, are on our web site, http://www.spse.org. To view the comments that employees provided to the LLNL 2001 survey, one has to make a trip to the Lab's library and view the single hard copy. We encourage the Lab to save employee's time, effort, and some trees by making such information available on their website.
    Many employees point out that LLNL conducted a survey in 1995 that focused on, and later extolled, the diversity of the Laboratory. Interestingly, six years later the 2001 survey uncovered that minorities and women are among the most dissatisfied employees at LLNL. This doesn't lend much credence to the Laboratory's commitment to diversity. It also puts into question the usefulness of the Lab's 1995 survey.
    We don't know what the Lab paid a professional survey company to create their survey. Both the Lab survey and the low-budget SPSE survey produced similar results. Now the Lab has constituted seven Survey Action Teams (SAT's), consisting almost entirely of senior managers and supervisory-level people appointed by them. These teams are analyzing and interpreting the survey-results, and plan to come up with a set of recommendations on what actions Lab management can take to address the issues raised in the survey. The 100 people (including support staff) on these seven SAT's will spend roughly an additional $2-3 M in burdened labor costs before their work is complete at the end of January 2002. This estimate assumes that all members of the SAT's are charging half time to a special account during their three-month period of service on the SAT's. We are looking forward to employees seeing a return on the Lab's investment in time and money. / Jeff Colvin and Sue Koopman

    New Math


    My performance review this year reminded me of a song Tom Lehrer wrote when he was a math professor at UC Santa Cruz. Aptly titled "New Math" (the lyrics are at http://gunther.simplenet.com/v/data/newmath.htm), one verse is:
    "Now instead of four in the eights place
    You've got three
    'Cause you added one
    That is to say, eight, to the two
    But you can't take seven from three
    So you look at the sixty-fours
    "Sixty-four? How did sixty-four get into it?" I hear you cry. Well, sixty-four is eight squared, don't you see?
    Well, you ask a silly question,
    and you get a silly answer."
    During my performance review, my management told me that I dropped four peer groups. "How did I drop four peer groups?" they heard me cry. Well, I was told, my career is doing great and my customers gave raving reviews. My last year 3rd peer group (of 8 peer groups with the 8th not populated) is equal to this year's 7th peer group (out of 10 with the 9th and 10th not populated) and so my new 7 is equal to last year's 3. I was assured that my colleagues, who were in the 3rd last year, are joining me in the 7th this year. I was also told I would receive a raise comparable to last year.
    Still, I don't feel the same being in peer group 7. I feel much closer to the bottom even though I am assured I am not. And, my raise was about half of last year's. Well, I asked a silly question and I got a silly answer. /Sue Koopman

    Health Insurance Plan Gets Sick


    The Lab's health insurance plans went on life support when Pacific Health Care Medical Group (PHCMG) went out of business in December. This group had contracted with Health Net, PacifiCare, and UC Care to provide medical care for their HMO customers. About two-thirds of all doctors in the Tri-Valley belonged to PHCMG. Over 4,300 Lab employees and family were in PHCMG. This leaves only Bay Valley Medical Group (BVMG) and Hill Physicians Medical Group (HPMG) serving the area. Most people switched to HPMG which does not contract with ValleyCare or Valley Memorial Hospitals, so you have to go to the San Ramon Hospital. One would think that we could have good health care near the Lab. BVMG does contract with these hospitals. Non-PHCMG doctors have more patients now and some people are reporting that it is much harder to get an appointment. We should note that other parts of California have had significant disruptions also: we are not alone.
    What went wrong?
    Contrary to popular perception, the bankruptcy of PHCMG is not the cause of the problem and is largely irrelevant. The PHCMG doctors all had the option of being members of one of the surviving groups and continuing to see LLNL HMO patients. The real cause is, of course, the apportioning of money between the HMOs and the doctors and their staff who actually deliver the care: these doctors want to be paid more than PHCMG HMOs were willing to pay them.
    What next?
    As Lab employees, we can go with UC Care and see these doctors under tier 2 and pay the extra co-pays and costs. The other option is to go with Kaiser, which some people do not like due to its "closed" nature. Although considering the number of doctors that you have to chose from with the "open" HMO's, Kaiser does not seem that closed now. Who could we expect to come to our rescue? Probably not the Lab, which is only a small part of the UC system. This is an issue in which all UC employees have a mutual interest. Individually, we can not expect to have much of an impact on how insurance companies handle our health care. But by making common cause with other UC employees, we can have a say in the matter. This might be one reason for SPSE to join forces with UPTE ("University Professional and Technical Employees," a UC union that has already secured better health care for some of its membership). Even if SPSE does not affiliate with a larger organization like UPTE, it still might be advantageous to work together with them on improving health care benefits. We cannot afford to be silent on this issue. /

    Tough Times for Essential Employees


    On September 11, 2001, our trust in living and working in security collapsed with the World Trade Center. As the Lab sent non-essential employees home that fateful day, it became very clear who some of the most essential of our fellow workers are: the security police officers (SPO's). After all, they are the first line of defense at the perimeter gates against potential terrorists.
    While their importance to the security of the Lab is beyond doubt after 9-11, Lab employees never doubted their importance before 9-11. Most employees assumed, that these essential men and women in uniform, wielding lethal weapons to protect the Lab's employees, and the Lab's nuclear materials and secrets are being compensated fairly. Apparently not: it was a tortuous path for the SPOA union to negotiate a new contract with Lab management. LLNL compensated its gardeners higher, and apparently saw nothing wrong in that. LLNL denied the guards additional training, which the SPOA union considers important for health and safety.
    The Lab drove such a hard bargain last summer that a number of guards in their frustration staged a "sick out." They picked a bad day: August 6, the anniversary of Hiroshima when demonstrators converge on the Lab. Also, that day the head of the National Nuclear Security Administration, General Gordon, visited LLNL. On August 28, the Lab fired the two leaders of the SPOA union, Officers Quinones and Zipoli.
    Neither LLNL nor DOE listened to security concerns that Quinones and Zipoli raised back in February 2001. Some of their concerns dealt with the lack of training and with management's response to several serious security incidents. The DOE Office of Inspector General (IG) finally did listen and embarked on a formal investigation.
    Days before 9-11, SPOA and the Lab finalized a contract with the help of a mediator. A few weeks later, on October 6, the DOE IG issued a (classified) report that includes input from the two officers.
    On January 14, 2002 Officers Quinones and Zipoli filed a whistleblower retaliation complaint against the Lab. Now these formerly essential employees are fighting to get their jobs back. / Patrick Weidhaas

    In Praise of Cheryl


    SPSE members honored Cheryl Remillard, SPSE's Office Manager since 1989, with a good-bye luncheon. Cheryl is leaving SPSE to seek new challenges.
    Cheryl began working as an office assistant for SPSE in 1984; she worked during vacations from college at the California State University in Chico. After receiving her BA in Humanities, she became SPSE's Office manager and has held that position continuously since 1989.
    In many ways, Cheryl defined the Office Manger's job. She organized our extensive records of LLNL personnel data, designed, built, and maintained the WebPages at http://www.spse.org, converted the Newsletter to an in-house publication (previously it was sent to typesetters), and, generally, put us into step with the age of the computerized office.
    I am particularly indebted to Cheryl: during my long tenure as Chair of the Grievance Committee, her invaluable help with organizing the vast quantities of materials needed for grievance hearings made my life much easier. I could always depend upon her to keep my records straight and to find those misplaced documents. She was always cheerful and always efficient.
    We will all miss Cheryl and we look forward to working with Eileen. / Richard White

    Welcome to Eileen Montano


    We are happy to announce that Eileen Montano is our new office manager. Eileen was born in San Francisco, grew up in Pleasanton, and has lived in Livermore for the past 14 years. She and her husband, Bob, have two daughters, Lindsay (8), and Amanda (5). They enjoy many activities as a family such as gardening, camping, and watching as well as participating in various sports. Eileen also plays adult indoor soccer.
    Following her graduation from the University of San Francisco, Eileen spent 16 years at AT&T in various responsibilities ranging from Billing Representative to Account Executive. She left AT&T in order to spend more time at home with her children and to become more active in their schools. She said she is delighted to accept this part time position with SPSE as it provides the challenges and responsibilities of a professional environment as well as the allowance to spend time with her family. Please stop by the SPSE office in the mornings and meet Eileen. / Sue Koopman

    Our Pensions ­ What If UC Ends Contract?


    [Editors' note: The following is the second of a series of articles concerning the new contract between UC and DOE to manage LLNL. It is our attempt to convey our interpretation of part of that contract, which is a complex legal document.]
    One of our most important benefits is our retirement. At the moment we are all enrolled in the University of California Retirement Plan (UCRP). But what would happen to our retirement if some other contractor takes over running LLNL?
    The brief answer is that the news is good. The succeeding contractor will be required to maintain a pension equivalent to our present UCRP benefits.
    This promise is in one of the clauses of the newly modified and extended Contract 48, effective January 2001 and running through September 2005, by which the University operates LLNL. Clause H.008 states:
    "DOE agrees to require that, in the event of termination of work under the contract, a successor contractor shall permanently maintain the benefit accrual terms and conditions of UCRP for the Contractor employees transferred to the successor contractor[]".
    If there is a "successor plan" (i.e., the new contractor offers a pension plan to LLNL employees), then UCRP would transfer the appropriate assets to that plan to provide for the transferring employees. Anyone retiring before the transition date would become a UCRP retiree. If there is no successor plan, the University will continue to keep track of "our money" (i.e., the funds in the UCRP pension plan associated with LLNL employees) from year to year. Those funds would not be invested separately or kept in some special compartment, but at the end of each fiscal year UC and the DOE would know the total amount. There also is to be an "annual, full-scope audit by an outside independent auditor."
    For a time it seemed possible that our Laboratory might cease to be operated by the University. Although the University's contract to run LLNL seems to be on a much firmer basis now than a year or so ago, a possibility exists that a new contractor could come in to run LLNL in 2005 (when the contract expires) or even sooner than that. Contract 48 allows the University to withdraw from the contract for any reason on eighteen months notice. (See Clause H.028, Contractor's Right to Terminate.)
    Clause H.008 also spells out the maximum funding to be provided by the DOE. "The DOE-funded contribution shall not exceed the full funding limit as defined in the Internal Revenue Code, Section 412." In addition, if the value of the UCRP grows to 150 percent of the assets it is projected to need, the President of the University is to initiate a review of the surplus situation and recommend how "to bring the fund into conformity with the long-term needs of the Plan."
    In my opinion there is an echo here of the dispute a few years ago in which some DOE officials asserted that the UCRP had an "unnecessary surplus" of funds. The reason for the surplus, of course, was the University's successful investments. For a while there was a demand for UC to return to DOE the "excess" contributions, until it was pointed out that the relevant laws did not allow funds once placed in a retirement plan to be returned.
    In summary, the UC contract to run LLNL contains a provision specifying that if a new contractor takes over running the Laboratory, that contractor shall "permanently maintain" retirement benefits equivalent to UCRP for LLNL employees transferred to the new contractor. / Doug Clarke

    EBA, Polygraph, Speaker Series, and DOE