SOCIETY OF PROFESSIONAL SCIENTISTS AND ENGINEERS
POLICY ON REPRESENTATION

I. SCOPE OF REPRESENTATION

  1. Representation is the means by which SPSE makes its resources available to ensure a fair review of infringements of LLNL employees' rights. Through representation, SPSE seeks to realize all benefits to which its members may be entitled by reason of being LLNL employees.
  2. Representation consists of either services or indemnity or both.
    1. Services consist of advice, counsel, and assistance rendered by competent and qualified persons. Services may include investigation, negotiation, and settlement as well as appearances before administrative, legislative, or judicial tribunals.
    2. Indemnity consists of money payment in reimbursement of either a portion of or all actual and necessary represent- ation costs. SPSE will not indemnify anyone for costs or expenses incurred without prior authorization of the SPSE Executive Board.
  3. SPSE provides formal representation only in employment related matters.
    1. "Formal representation" means representation of employees by staff employees of SPSE or by representatives who have been appointed by SPSE or by legal counsel retained by SPSE.
    2. "Employment related" means matters that are under the exclusive jurisdiction of the personnel policies and procedures of LLNL.
  4. Representation in court is not automatically afforded but shall be provided only in those cases determined by the SPSE Executive Board to have special merit.

II. REPRESENTATION RIGHTS AND LIMITATIONS

  1. The right of representation by SPSE is subject to the financial ability of SPSE to provide representation and to such other limitations as may be imposed by SPSE. It is further subject to a formal request for representation and a review of the matter by SPSE to determine whether the proposed case has merit.
  2. SPSE will provide representation, within the limitations set forth in this policy, to LLNL employees, based upon their status as follows:
    1. Active members of SPSE in good standing have the full right to good-faith representation services by SPSE's designated representatives without charge therefor.
    2. Representation will be provided to members only in matters resulting from events which occurred after the date of their application for membership in SPSE.
    3. Representation may be provided to persons who fail to satisfy the criteria of Sections II.B.1 and II.B.2 of this policy if
      1. such representation is approved by the Executive Board and
      2. the Executive Board determines that the case has special merit and that it may substantially affect the benefits of the members of SPSE.
  3. SPSE has the right to make fair and impartial decisions as to the merits of a particular request for representation including, but not limited to decisions to
    1. Undertake representation;
    2. Discontinue representation at any time;
    3. Recommend that a matter be settled prior to exhaustion of the applicable administrative procedures;
    4. Refuse to continue representation in the event that its recommendation for settlement is not satisfactory to the employee;
    5. Seek judicial relief and redress for a particular matter in addition to or in lieu of representation through any or all of the available administrative procedures;
    6. Discontinue its representation in judicial proceedings at any point.

III. REQUESTS FOR FORMAL REPRESENTATION

  1. Requests for formal representation are made to the Grievance Committee.
  2. Requests for formal representation shall be accompanied by a form signed by the requestor which
    1. Certifies that he/she
      1. is a member in good standing and was such at the time the matter involved in the request first arose or
      2. was not a member in good standing when the matter first arose but is requesting review by the Executive Board under provisions of section II.B.3 of this policy;
    2. Acknowledges that SPSE may review the case for merit before representation is undertaken;
    3. Acknowledges that no representation in court proceedings will be undertaken unless approved by the SPSE Executive Board;
    4. Authorizes disclosure of information concerning the case to the appropriate appeals body of SPSE in the event a decision to deny, limit, or discontinue representation is appealed;
    5. Acknowledges that SPSE will be the exclusive representative and that if any other representative is retained, that SPSE may, at its discretion, thereby be relieved of any represent- ation obligation.
  3. The Grievance Committee reviews requests for representation and determines whether the requestor is entitled to representation subject to the terms and limitations set forth in this policy.

IV. DENIAL OF REPRESENTATION

  1. It is SPSE's general policy to deny representation on the following grounds:
    1. Unapproved Actions: SPSE shall not provide representation with respect to disciplinary actions arising from unapproved job actions.
    2. Best Interests of the Society: SPSE shall not provide representation that would conflict with the best interests of SPSE or require SPSE or its representatives to take a position in any manner inconsistent with established positions or policies of SPSE.
    3. Conflict of Interest: SPSE shall not provide representation services that would result in a conflict of interest for SPSE or the SPSE staff. Indemnity for representation costs may be authorized if prior approval is obtained from the Executive Board.
    4. Dual Representation: SPSE may deny representation when it determines that an individual has another representative in the same matter.
    5. Lack of Merit: SPSE may deny representation when it determines that the proposed case lacks merit.
  2. A decision by the Grievance Committee, to deny representation, may be appealed to the Executive Board by any beneficially interested member of SPSE in good standing. The decision of the Executive Board is final.
  3. Any decision to deny representation, taken by either the Grievance Committee or the Executive Board, must be accompanied by reasons for denial. Such reasons must cite the sections of this policy on which denial is based.
  4. Any person who appeals a decision to deny representation shall be per-mitted to appear before the Executive Board to present his/her case to the Board.

V. RESPONSIBILITIES OF THE GRIEVANCE COMMITTEE

  1. The Grievance Committee shall train, certify, and maintain a corps of Member Representatives to provide representation services pursuant to provisions of this Policy on Representation.
  2. The Grievance Committee reviews all requests for representation and determines whether to
    1. Assign a Member Representative to supply representation services; or
    2. Deny representation; or
    3. Refer the matter to the Executive Board; or
    4. Recommend other appropriate action.
  3. The Grievance Committee shall monitor all representation activities to insure they comply with provisions of this policy. Representation costs must be approved by the Grievance Committee prior to being incurred. The Grievance Committee must secure approval of the Executive Board before incurring representation costs in excess of the amounts previously budgeted by the Executive Board.
  4. The Grievance Committee may plan and execute actions, in addition to formal representation, which are in support of SPSE's representation goals as set forth in section I.A of this policy. The execution of such actions requires approval of the Executive Board.

VI. ATTORNEY/CLIENT RELATIONSHIP

SPSE does not practice law nor solicit matters requiring legal services. It may employ staff attorneys whose services are made available in accordance with this Policy on Representation. SPSE may authorize representation, but having given such authorization, will not interfere in the attorney/client relationship so established unless authorized by the client.

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REQUEST FOR REPRESENTATION

I hereby request that the Society of Professional Scientists and Engineers (SPSE) represent me concerning...(use additional pages if necessary)

 

Check the appropriate statement:

___ I am a member in good standing of SPSE and I was a member in good standing at the time the matter involved in this request first arose.

___ I was not a member in good standing when the matter first arose. I am requesting the SPSE Executive Board to review my case and to provide me with representation pursuant to those provisions of SPSE's representation policy which permit representation of non-members.

I acknowledge that, before undertaking representation, SPSE may review my case to determine if it merits representation.

I understand that representation in court proceedings will not be undertaken unless prior approval is given by the SPSE Executive Board.

I authorize disclosure of information concerning the case to the appropriate appeals body of SPSE, in the event a decision to deny, limit, or discontinue representation is appealed.

I acknowledge that SPSE will be my exclusive representative in the above described matters and that if any other representative is retained, SPSE may, at its discretion, be relieved of any representation obligation.

______________________________________
Signature & Date


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