Employee & Labor Relations

General Union Questions

Employee & Labor Relations assists supervisors, managers and department heads with consultation on performance management, best practices in responding to performance concerns, attendance problems, misconduct issues or workplace conflicts.  This list is some of the more common questions we get:

What is a union?

A union is an organization representing selected positions and the employees in those positions. One purpose of a union is to collectively bargain the wages, hours, and terms and conditions of employment for the selected positions. In order for a union to become an exclusive representative, a sufficient number of systemwide employees in similar positions must show an interest in having the union represent them.

Employees can become part of a union through organizing efforts, as mentioned above, or by the process of accretion. Both paths are described in greater detail below.

How do groups of employees become represented by a union?

There are two paths by which an employee may become part of a bargaining unit; through organizing or through accretion of titles into an existing bargaining unit.

Organizing:

• A union can collect enough authorization cards/signatures from employees in the proposed bargaining unit. If a union collects cards from the majority (50%+1) of a designated group of employees (called a bargaining unit), the union automatically becomes those employees’ collective bargaining representative (i.e., the authorization cards represent votes of support; no additional voting is required).
• It can also happen by a vote, if less than 50%+1 authorization cards are signed by bargaining unit employees. In order for a vote to happen, a union would have to collect authorization cards from at least 30% (but less than 50%+1) of the bargaining unit. In such cases, the Public Employment Relations Board (PERB) holds an election. In order for the election to result in unionization, the majority of employees who vote would have to vote in favor of unionization. When this happens, all positions in the bargaining unit are represented by the union.

Accretion:

• An accretion (also known as unit modification) is an effort to add certain unrepresented positions to an existing bargaining unit if the group sought to be added amounts to less than 10% of the current overall bargaining unit population.
• If the group sought to be added would increase the overall bargaining unit by less than 10%, the California Public Employment Relations Board (PERB) regulations permit the inclusion of the group without requiring the union to show proof of support (i.e., signed authorization cards, petitions, membership applications). If the group sought to be added would increase the overall bargaining unit by more than 10%, the Union must provide proof of support from 30% of the group.

What is a bargaining unit?

A bargaining unit is a group of employees with titles and job duties sufficiently aligned to constitute an appropriate grouping for collective representation by a union. Except for the skilled crafts titles and a few others, the Higher Education Employer-Employee Relations Act (HEERA) presumes that an appropriate unit is one that is “systemwide.” It includes all employees within a job classification group at all UC locations in California.

What does it mean to be exclusively represented?

When a union is certified as the exclusive representative of a bargaining unit—a group of similar positions—it represents all employees in those positions across the UC system. The union holds the sole authority to negotiate with UC management over wages, benefits, and other terms and conditions of employment for the positions it represents. Once a position is exclusively represented, individual employees no longer negotiate employment terms on their own; instead, the union acts as the legal bargaining agent for all employees in the unit. As a result, any wage increases or changes to employment conditions for represented positions are determined through the collective bargaining process.

What is HEERA?

PERB administers the Higher Education Employer-Employee Relations Act (HEERA), the state law that regulates labor relations among UC, the California State University systems, UC College of the Law, San Francisco (formerly known as Hastings College of the Law), their employees, and the unions that represent their employees.

HEERA gives employees the right to form, join, and participate in the activities of employee organizations for the purpose of union representation on matters governing wages, hours, and other terms and conditions of employment.

Employees are protected from reprisals, discrimination, coercion, or interference when exercising the rights guaranteed by HEERA, including the right to form, join, and participate in union activities.

What is PERB?

PERB refers to the California’s Public Employment Relations Board (PERB), which administers the statutes governing public sector collective bargaining. PERB conducts elections, handles representation and unit modification cases, and investigates and makes decisions regarding Unfair Labor Practice (ULP) charges filed by employees, labor organizations, and public entities.

What is a Community of Interest (COI)?

In this context, a Community of Interest (COI) is a group of University of California employees who perform similar work, possess similar skills, report to similar supervisors, and share common workplace skills, working conditions, job duties, or similar educational or training requirements.

What is a typical collective bargaining negotiation process?

After a union is elected to represent a collective bargaining unit, the University and the union engage in a negotiation process to reach an agreement (or contract) on the terms and conditions of employment for represented members of the unit. Every agreement has a duration period, meaning that the agreement expires after a specific date, and the parties have to negotiate a new agreement. This next negotiation process is called “successor” bargaining because the parties are negotiating for an agreement that will succeed the current one. In some cases, the agreement includes a provision called “re-openers.” This means that the parties have agreed to re-negotiate only certain portions, or Articles, even though the agreement does not expire until a future date.

Am I a represented or non-represented employee? (union or non-union)

Some of the staff positions at the University of California, based on job title classification, are organized into collective bargaining units that are exclusively represented by a union or employee organization. California’s Higher Education Employer-Employee Relations Act (HEERA) gives UC employees the right to decide whether or not they want to unionize and have collective bargaining as the sole means of determining their wages, hours and other terms and conditions of employment. There are seven collective bargaining units (CBUs) at the Lab. More information about HEERA and the collective bargaining process is available on the Office of the President’s collective bargaining web pages and at the Public Employment Relations Board (PERB) web site. PERB is the state agency responsible for oversight of HEERA and the collective bargaining process between the University and employee organizations/unions representing our employees.

When you were hired, your hiring supervisor or the employment recruiter should have informed you if your position is part of a collective bargaining unit and represented by a union. If you are uncertain, please ask your supervisor or Sr. HR Division Partner.

“What is an investigatory leave”?
In certain serious circumstances, an employee may be placed on an investigatory leave to allow the University time to review or investigate the allegations without the employee in the workplace. The purpose of the leave is to allow the University time to investigate the allegations or secure the worksite during an investigation. Potential allegations of misconduct warranting an investigatory leave include but are not limited to dishonesty, theft or misappropriation of University property, fighting on the job, insubordination, acts endangering others, or other conduct which warrants removing the employee from the work site. In general, employees must be informed in writing of the reason and the expected duration of the leave. If you have questions about investigatory leave, please contact Employee & Labor Relations.

What is a collective bargaining unit or CBU?

Under the California Higher Education Employer-Employee Relations Act (HEERA), (link is external)a collective bargaining unit is a group of job positions/job titles with a sufficient “community of interest” that a union can reasonably represent the employees in the unit – particularly the negotiation of the employees’ terms and conditions of employment.

HEERA provides that, with some exceptions, collective bargaining units at the University are organized into systemwide units. This means that all employees in a specific collective bargaining unit, across all the UC campuses, are considered to be one unit. Other units (Skilled Crafts units for example) are considered a local, single campus unit.

What is a collective bargaining agreement or union contract or memorandum of understanding?

Collective bargaining agreement, union contract and memorandum of understanding (MOU) are all terms that refer to a written mutually binding agreement that results from direct negotiations between the University and the exclusive representative for a group of employees. The agreement, contract or MOU sets wages, hours and other terms and conditions of employment for an agreed upon period of time.

What are ‘initial proposals’ in the collective bargaining process?

The exclusive representative for a group of employees (union) and the University individually develop and present initial proposals to each side prior to the start of collective bargaining negotiations. The initial proposals are generally changes or new contract provisions that each side would like to achieve through negotiations.

What is the ‘Sunshine Period’ in the collective bargaining process?

After the University and exclusive representative for a group of employees (union) submit notices of intent to bargain and exchange initial proposals, the initial proposals are made available for public viewing at a stated time and place prior to the start of negotiations. This allows the general public an opportunity to review and comment on initial proposals.

What is impasse?

If the University and the exclusive representative for a group of employees (union) are unable to reach an agreement through collective bargaining, negotiations may be declared at an impasse. This means that neither side is willing to compromise further on any of the outstanding issues. The State of California’s Public Employment Relations Board (PERB) (link is external) verifies whether or not the parties are at impasse and, if so, the State Mediation and Conciliation Services appoints an independent person to mediate between the parties. If the mediator is unable to persuade the parties to compromise, then a fact-finding panel is created. Each party appoints one person to serve on the panel and PERB provides a list of independent arbitrators from which the parties mutually select one to chair the panel. This panel hears presentations from each side and then issues a fact-finding report. However, the report is only advisory.

If the parties are still unable to agree after the completion of fact-finding and the report is issued, the University is permitted to impose or unilaterally implement terms and conditions of employment, as long as such terms were “reasonably contemplated’ with the University’s last, best and final offer.

What is a Tentative Agreement or ‘T.A’ in contract negotiations?

If an agreement is reached in collective bargaining negotiations between the University and the exclusive representative for a group of employees (union), it is called a Tentative Agreement or T.A. because it is not put into effect until each side has ratified (or voted to approve) it. The Regents of the University of California ratify for the University and union members (generally voting rights are only extended to dues paying members of the union) vote to ratify for the union. The Lab’s process is a little more complicated in that DOE will also have either provided pre-approval for economic parameters or must be notified of new agreements within previously anticipated parameters.

What is an Unfair Labor Practice Charge or ULP?

An Unfair Labor Practice charge or ULP is a charge filed with the California Public Employment Relations Board (PERB) that either the University or the exclusive bargaining agent (union) has violated the Higher Education Employer-Employee Relations Act (HEERA).

Union Access and Organizing Questions

Why are unions granted access to LBNL facilities?

Recognized unions are granted access to LBNL facilities to ensure contract compliance, investigate grievances, conduct meetings, and inform members of their rights. Both a prospective employee organization and a recognized employee organization are entitled to access public employer property, subject to reasonable regulation by the public employer. Access rules are negotiated by a recognized employee organization and the employer as part of the collective bargaining process.

Where and when can union activities take place on LBNL sites?

Union activities, such as distributing literature or soliciting, are generally permitted in non-work areas (e.g., break rooms, parking lots) during employees’ non-work time (e.g., breaks, lunch), as long as they do not disrupt operations and comply with the Use of Lab Facilities and Expressive Use policy. The Lab has the right to ensure its efficient operations and/or safety of employees or others.

Can LBNL restrict union representatives’ access to facilities?

Yes, but only if the restrictions are reasonable, necessary for efficient operation, and/or safety of employees or others, and applied in a non-discriminatory manner. You can view LBNL’s Site Access and Security Policy here. If there are access limitations in place for certain physical spaces, those restrictions also apply to union access.

Can unions reserve meeting rooms?

Yes, unions can reserve general-purpose meeting rooms according to usual procedures.

Are unions allowed to post information on LBNL bulletin boards?

Yes, unions have access to general-purpose bulletin boards, subject to LBNL practices.

Can employees use their LBNL email for union-related activities?

Yes, employees have the right to use their university email for union-related activities during non-work time, consistent with the Lab’s Acceptable Use of Information Technology policy and the University of California’s Electronic Communication policy.

What are my responsibilities as a supervisor/manager regarding union activities?

As a supervisor/manager, you are responsible for ensuring safe and efficient operations in your area, such that union activities do not disrupt operations, and that employees are aware of their rights and responsibilities (see below) regarding union activities.

What rights do employees have?

Under California’s Higher Education Employer-Employee Relations Act (HEERA), UC employees have the right to decide whether they want to unionize and use collective bargaining as the sole means of determining their wages, hours, and working conditions.

Employees also have the right to refuse to join employee organizations or to participate in the activities of these organizations, subject to the organizational security provision permissible under HEERA. The Public Employment Relations Board (PERB) administers and enforces HEERA.

What should I do if a union representative approaches me or an employee on site?

If a union representative approaches you or an employee on site, politely direct them to the designated areas for union activities (e.g., break rooms, parking lots). There is no need to provide time in your meetings for union communication. Unions have mechanisms for disseminating information. HEERA provides unions with the use of University facilities consistent with appropriate time, place, and manner restrictions.

Can I prohibit union representatives from speaking with employees on site?

No, you cannot prohibit union representatives from speaking with employees on site, but you can restrict the time and location of these interactions to ensure they do not disrupt operations.

What are the rights of employees who are being solicited by union representatives?

Employees have the right to listen to or ignore union representatives, and to make their own decisions regarding union membership. Employees are also protected from coercion or intimidation by either management or union representatives. Management should not offer opinions or advise on how employees interact with union representatives, nor should they engage in any activity that could be perceived as intended to deter union activity.

Can I discuss union activities or employee union membership with employees?

It is best practice not to engage in discussions about union activities or employee union membership with employees, as this can be perceived as interference with employees’ rights. If an employee initiates a conversation, listen and provide accurate, neutral information. If you do not have information that you know is accurate, refer the employee to a union representative or contact your HR Division Strategy Partner.

What should I do if I receive a request for information from a union representative?

If you receive a request for information from a union representative, direct them to the LBNL Employee & Labor Relations department (elr@lbl.gov), which will handle the request in accordance with established procedures and regulations.

How do I report incidents or concerns related to union activities on any LBNL site?

If you have concerns or incidents related to union activities on any LBNL site, report them to the LBNL Employee & Labor Relations department (elr@lbl.gov) or your supervisor/manager.

Where can I find specific details about union access for existing bargaining units?

For specific details relevant to a particular bargaining unit, consult the relevant collective bargaining agreement on the UCnet website.

As a manager, who can I contact for assistance with union access and labor relations matters?

Managers can contact their local Human Resources Division Strategy Partner or Employee & Labor Relations (elr@lbl.gov) for further assistance.

What training is available for supervisors and managers on union organizing and labor relations?

LBNL offers training and resources for supervisors and managers on union organizing and labor relations. Contact your HR Division Strategy Partner to inquire about upcoming training and resources.

Accretion Questions

How does an accretion occur?

PERB notifies the University of California General Counsel’s office and provides the unit modification petition. The petition specifies the job titles of the employee group(s) sought to be added to an existing bargaining unit. The impacted location is then notified about the filing. PERB will open an investigation into the proposed change in unit determination to determine its validity. The University, in collaboration with the impacted location(s), has an opportunity to review the petition and file a statement of position, including any objections. If the University has no objection, PERB will issue a unit modification order adding the new titles to the existing bargaining unit. If the University does not agree, the parties may engage in mediation, PERB may issue an order based on its own investigation, or PERB may hold a hearing and issue an order at the conclusion of the hearing.

What happens if a position is accreted?

The population of the new job title codes is reviewed for any supervisory, managerial, or confidential positions. Individuals meeting any of these three designations are excluded. If PERB issues an order approving the accretion/unit modification, the Union and the University/impacted location(s) engage in accretion bargaining, which includes bargaining of transition into the unit, as well as wages, hours, and other terms and conditions of employment. .

What if PERB denies the unit modification petition?

While this happens very rarely, if PERB denies a unit modification petition, the job classifications do not accrete into the union, and the incumbent employees remain as policy-covered staff.

How does my employment change if I am accreted into a union?

For employees represented by a union, wages, hours, and terms and conditions of employment are collectively bargained with the University/impacted location(s) and the union as the exclusive representative. The collective bargaining agreement is the final, legally binding contract that results from collective bargaining, and outlines the wages, hours, and terms and conditions of employment.

What does it mean to be in status quo?

Status quo means that the employer cannot change existing wages, hours, or working conditions without notifying the union and providing it an opportunity to bargain. Once PERB issues an accretion order, affected employees are immediately covered by the applicable collective bargaining agreement (CBA). However, certain items – such as wages, bonus incentive programs, contract appointments, or PTO – may remain in “status quo” until formal accretion bargaining occurs to integrate the positions into the unit. For newly certified bargaining units, employees maintain “status quo” until a CBA is negotiated.

To whom should employees direct questions about an accretion?

Employees should direct any questions about an accretion to their local union representative.
Managers and supervisors should reach out to their HR Division Strategy Partner with any questions.

Will an employee be notified if a position is accreted?

Yes, employees should receive a joint communication from the Lab and the relevant union regarding the accretion.

Are any positions excluded from an accretion?

Pursuant to the Higher Education Employer-Employee Relations Act (HEERA), managerial, confidential, and – except under limited circumstances – supervisory employees are excluded from any bargaining unit.

A confidential employee is defined as an employee required to develop or present management positions for collective bargaining, and/or an employee whose duties normally require access to information that contributes significantly to the development of such management positions. In order to be excluded from a bargaining unit on the basis of confidential status, it is not enough that the employee might have access to sensitive information. To achieve confidential status as defined by HEERA, the employee must develop or present management positions for collective bargaining, or have access to information that contributes to the development of such positions.

Confidential Employee Checklist

The HEERA definition of supervisor is: “… any individual, regardless of the job description or title, having authority, in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. With respect to faculty or academic employees, any department chair, head of a similar academic unit or program, or other employee who performs the foregoing duties primarily in the interest of and on behalf of the members of the academic department, unit or program, shall not be deemed a supervisory employee solely because of such duties; provided, that with respect to the University of California there shall be a rebuttable presumption that such an individual appointed by the employer to an indefinite term shall be deemed to be a supervisor.”

Management Employee Checklist

Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees. Work leads are not exempt from accretion.

Are remote employees who live out-of-state exempt from accretion?

Remote employees who reside and work outside California are generally not automatically exempt from being accreted into a bargaining unit or represented by a union under California law — but whether they can be included in a California union unit depends on which labor laws apply (federal NLRA vs. California PERB), the specific facts of the case, and unit appropriateness considerations.

How does this process affect me as a supervisor/manager/leader?

During the Unit Modification Process: You should refrain from making any changes to the petitioned titles/positions (including changes to salary, job descriptions, reclassifications, confidential designations, etc.) after a petition is filed until accretion bargaining is completed and the contract is ratified, without first consulting your HR Division Strategy Partner, who will consult with ELR as necessary.

After the Accretion Order is issued by PERB: You now supervise represented staff members. You cannot make unilateral changes to the terms and conditions of employment for impacted staff. You must follow the terms and conditions set forth in the collective bargaining agreement.

If you have not already, you are encouraged to take the Basics of Supervision workshop, which is offered quarterly by the Lab’s Learning and Development team. This class covers supervising represented employees.

What can or can’t I say to staff who ask questions about unit modification/accretion?

• Do not discuss your opinions about unions or union representation with represented employees, including newly accreted staff members.
• Refrain from providing guidance beyond referring staff to the union that filed the accretion petition.
• In many instances, staff are unaware that a unit modification petition has been filed, as the process does not require a union to communicate with impacted staff or obtain their feedback. Direct the employee to the union representative for all questions by impacted staff about unit modification or accretion, such as what this change means, how it will impact them, payment of union dues, or whether or not to join the union.

Why can’t I discuss unit modifications or accretion with impacted employee(s)?

 As a leader, you represent the Lab. If you engage directly with staff who may be impacted by a unit modification petition, this could be viewed as retaliation in response to a unit modification, a violation of the law, and/or as direct dealing. It puts the Lab at risk and subjects the Lab to an Unfair Labor Practice (ULP) charge. Additionally, the Prohibition on Public Employers Deterring or Discouraging Union Membership (PEDD) is a California law that prevents public employers from interfering with employees’ rights to join or remain in a union. The PEDD allows PERB to issue significant penalties if it finds that the law was violated.

What is direct dealing?

Direct dealing is a type of unfair labor practice (ULP) in which an employer bypasses the union. One type of direct dealing involves a situation in which the employer (a supervisor, department head, appointing authority, etc.) deals directly with individual employees to change the terms and conditions of employment, rather than through the employee’s collective bargaining representative. An employer may not bypass the union and deal directly with employees on matters that are properly the subject of negotiations with the bargaining unit’s exclusive representative.

The second type of direct dealing involves an employer communicating directly with employees to undermine the union’s authority to represent the bargaining unit.

It is not direct dealing to provide objective, fact-based updates on bargaining. The Office of the President may periodically provide authorized updates to your employees during this process. As a supervisor or manager, you will receive a copy of any such communications.

What if I have questions about unit modification or accretion?

Please contact your HR Division Strategy Partner, who will consult with ELR as needed.

How long will the unit modification and accretion bargaining process take?

• Unit Modification: This part of the process can take several months and ends with PERB issuing an Order granting or denying the petition.
• Accretion Bargaining: It depends; it could take several months or longer, and has sometimes taken years

What if I believe that one of my employees in a position being accreted should be considered “Supervisory, Confidential, or Managerial” and should be excluded from the union?

Please contact your HR Division Strategy Partner, who will consult with ELR as needed.

Is a non-confidential represented employee allowed to have access to “normal” confidential information unrelated to collective bargaining? Can we prevent them from sharing collective bargaining information with the union if they inadvertently see it?

Yes. You can permit your employees to have access to confidential information. We recommend, however, that you provide explicit written direction to all employees (confidential or not) as to how confidential information should be handled. For example, “All information marked confidential shall not be forwarded without explicit written permission from the Division Director” or “Any information you have access to by virtue of your employment in the Division shall be treated as confidential and not shared outside of this Division without explicit written permission.” Your HR Division Strategy Partner, who will consult with ELR as needed, and help support you with specific directions.

Can we prohibit non-confidential employees from sharing collective bargaining information with the union if they inadvertently see it?

Yes. As with any other form of confidential information, we can direct employees not to share it. As above, we recommend that you provide explicit direction as to how confidential information should be handled.

How does accretion impact any salary increases already in process?

You will be provided with specific information as the accretion bargaining proceeds. Impacts can vary depending on what time of year and date the Order is effective. The accretion date determines what increases a unit member may be entitled to receive. Generally speaking, if an accretion date occurs before an across-the-board (“ATB”) increase provided for in the union contract occurs, all eligible newly accreted employees would receive the ATB increase provided for in the union contract, as union members, not as policy-covered employees.

Is there training available to help me understand how to manage a represented employee?

Yes, you are encouraged to take the Basics of Supervision workshop, which is offered quarterly by the Lab’s Learning and Development team. This class includes information on supervising represented employees.

The job classification accreted is classified as exempt.  What effect does the accretion have on this classification?

Job titles classified as Exempt will remain as such unless, through the accretion bargaining process, it is agreed to change their status. Generally speaking, unionization does not affect whether an employee is classified as exempt or non-exempt.

The job classification is currently in a Contract Appointment. If the collective bargaining agreement doesn’t provide for Contract Appointments, what should be done?

It depends on the contract and may also become the subject of accretion bargaining. Usually, contract appointments should be converted to Limited or Career Appointments. Generally, the date the incumbent was first appointed to their Contract Appointment would serve as the date their Limited or Career Appointment began. Please check with your HR Division Strategy Partner to confirm for each accretion, as this answer may vary, depending on which contract is involved or if there are changes agreed to during the accretion bargaining process.

What impact does accretion have on promotion cases that are already in process?

Check with your HR Division Strategy Partner, as this depends on how far the promotion is into the process.

Strike Questions

What is a strike?

A work stoppage by a group of employees intended to express a grievance, enforce a demand for higher wages or for other changes in conditions of employment, obtain recognition, or resolve a dispute with management.

If my union calls for a strike, am I obligated to strike?

No employee is ever obligated to strike. Unions are legally prohibited from threatening or coercing members in other ways to keep them from coming to work. Some unions can fine dues-paying members (but not non-members) for working during a strike. A union member who does not want to strike may contact her/his union directly to inquire about possible fines. UC will not deduct fines from an employee’s paycheck.

If I join a strike, will I lose pay or benefits?

You will not be paid if you fail to report for work as scheduled. In additions, your benefits may be affected depending on the percentage of time worked in a particular pay period. Please refer to the terms of the applicable collective bargaining agreement.

Will I lose pay if I’m simply absent from work during a strike?

If an employee does not report to work as assigned during a strike, UC will presume — absent prior authorization or medical certification — that her/his work absence during a strike period is strike related. Employees who are absent from work without authorization during a strike will not be paid for the absence. As is always the case, authorization for an absence from work (e.g., vacation leave or compensatory time) may or may not be granted, depending on operational necessity and without regard to the employee’s reason for the requested leave.

Miscellaneous Questions

Where can I get more information on collective bargaining?

You can find out more about the processes for elections, decertifications and the history of collective bargaining in the FAQs on the UCOP Labor Relations Web site.

What factors are consider in determining the need for a layoff or reduction in time?

Layoffs and/or reductions in time for employees in career positions are implemented when there is a lack of funds or lack of work, including lack of work due to reorganization.

Is reduction in time considered a layoff?

Yes. If a career employee’s time is involuntarily reduced, it is considered a layoff, and the employee is entitled to layoff rights. The Lab has different policies for each situation; reduction in force and reduction in time.  For more information contact your Sr. Human Resources Division Partner.

Is severance provided to employees affected by layoff?

Refer to the Lab’s Reduction in Force Policy or the applicable collective bargaining agreements (link is external) to find out whether severance pay is available. Contact Employee & Labor Relations at elr@lbl.gov,  if you have additional questions.

When is an employee on probation?

Generally, a career employee is in a probationary status for the first six months of employment at UC.  Once an employee completes probation, s/he is a regular career status employee. A career employee will not serve another probationary period unless s/he is re-hired after a break in service from University employment.

How is an employee’s probationary period calculated?

In general, the probationary period ends six months from the starting date of employment. The probationary period is based on actual days of work, so any holidays, sick, vacation or unpaid absences taken during the probationary period do not count towards the probationary period.

What happens when an employee completes probation?

At the conclusion of the probationary period, the employee should receive written notification of the successful completion of the probationary period.  The original letter should be filed in the employee’s departmental personnel file. Typically, new employees should also receive a written performance review at the mid-point and conclusion of the probationary period.

Employee & Labor Relations (ELR) is responsible for management and oversight of Berkeley Lab’s Employee and Labor Relations functions, including the management of employee programs, direction and formulation of the Lab’s employee and labor relations strategic direction, programs and policies.

We provide guidance, support and consultation to supervision, management, and field staff on union contract administration, training, policy and procedure interpretation, application of contracts, and state/federal labor and employment laws. We lead communications with unions, business agents, representatives and stewards, including notice obligations for changes to terms and conditions of employment, and response to union requests.

As Labor Relations experts, we provide guidance in all facets of LBNL Employee and Labor Relations, and as a partner to University of California (UC), and Department of Energy (DOE). The ELR team functions as spokespersons on behalf of Berkeley Lab in labor relations issues, local contract negotiations, labor-management meetings, arbitrations, and in building and maintaining effective relationships with our partners. 

A good understanding between employees and employers is important in minimizing disputes, and positive relationships lead to higher motivation and employee engagement. The purpose of great labor relations is to establish and strengthen the employee and employer relationship as a key to success, and an important factor for any organization in focusing on employee engagement, and culture.

When it comes to workplace issues and conflict, the Lab supports productive engagement in ensuring all voices are heard, and that conflict is experienced as a learning opportunity. We work hard to promote and foster a consistent healthy organizational culture of trust and respect. Managers, supervisors, and staff experiencing difficulties in their work environments are encouraged to contact their designated HR  Division Partner for further assistance and guidance as appropriate. However, Berkeley Lab promotes fostering positive professional involvement that contributes to satisfactory productivity, motivation, and morale, and in the event your workplace issue has not been resolved, we offer various resolution options, including internal mediation.

The Berkeley Lab Conflict Resolution Services Program supports the prompt and productive resolution of conflicts and/or issues relating to or arising out of the workplace. Requests for support of conflict resolution, and workplace issues are confidential. We want employees to have the confidence to raise any issues, concerns, or conflicts in seeking support and counsel for successful resolution through the Employee and Labor Relations Team. We take requests for conflict resolution help or support seriously, and will respond and act immediately in helping you to resolve your workplace issues through direct communication, collaboration, facilitation and/or mediation. This can be in the form of informal or formal processes.

Our Conflict Resolution Services

• Mediation
• Facilitated Conversation
• Conflict Coaching
• Resource Referral

Lab Collective Bargaining Unit

UNION	ELR CONTACT	FUNCTION	E-MAIL	PHONE
PX – Postdoctoral Scholars (UAW)	Bettina Brixner	Principal ELR Consultant	bbrixner@lbl.gov	510-486-6930
CX – Clerical & Allied Services (Teamsters) 2010	Katie Fuller	Principal ELR Consultant	kmfuller@lbl.gov	510-529-5993
EX – Patient Care Technical (AFSCME)	Shelbi Rodriquez	Principal ELR Consultant	slrodriquez@lbl.gov	510-590-2238
SX – Service (AFSCME)	Shelbi Rodriquez	Principal ELR Consultant	slrodriquez@lbl.gov	510-590-2238
RX – Reserach Support Professionals (UPTE)	Madelyn Bello	Senior ELR Consultant	mtbello@lbl.gov	510-495-2447
TX – Technical (UPTE)	Madelyn Bello	Senior ELR Consultant	mtbello@lbl.gov	510-495-2447
RA – Academic Researchers (UAW) 5810	Shelbi Rodriquez	Principal ELR Consultant	slrodriquez@lbl.gov	510-590-2238
BR – Graduate Student Researchers (UAW) 2865	Katie Fuller	Principal ELR Consultant	kmfuller@lbl.gov	510-529-5993
KB – Skilled Craft (Local Agreement w/ UC Berkeley)	Ariana Banuelos	Associate ELRC/Advisor	abanuelos@lbl.gov	341-203-0906

Lab Non-Represented Workforce

AREA	ELR CONTACT	FUNCTION	E-MAIL	PHONE
Biosciences (BS)	Bettina Brixner	Principal ELR Consultant	bbrixner@lbl.gov	510-486-6930
Computing Sciences (CS)	Shelbi Rodriquez	Principal ELR Consultant	slrodriquez@lbl.gov	510-590-2238
Directorate (LD)	Nam Van	ELR Manager	ncvan@lbl.gov	510-384-9701
Earth & Environmental Sciences (AU)	Katie Fuller	Principal ELR Consultant	kmfuller@lbl.gov	510-529-5993
Energy Sciences (ER)	Bettina Brixner	Principal ELR Consultant	bbrixner@lbl.gov	510-486-6930
Energy Technologies (AE)	Shelbi Rodriquez	Principal ELR Consultant	slrodriquez@lbl.gov	510-590-2238
Operations (OP: EH)	Madelyn Bello	Senior ELR Consultant	mtbello@lbl.gov	510-495-2447
Operations (OP: FA)	Ariana Banuelos	Associate ELRC/Advisor	abanuelos@lbl.gov	341-203-0906
Operations (OP: IT, IC, OCFO, CF, PM, SE)	Katie Fuller	Principal ELR Consultant	kmfuller@lbl.gov	510-529-5993
Operations (OP: LD)	Nam Van	ELR Manager	ncvan@lbl.gov	510-384-9701
Physical Sciences (AP)	Madelyn Bello	Senior ELR Consultant	mtbello@lbl.gov	510-495-2447

For general guidance, support or assistance, please email elr@lbl.gov.

• • AFSCME SF-CE-1349 Order – Executed
  • AFSCME Order re Janus (Jan 21, 2021)
  • Notice of AFSCME & UPTE ULP Decision Re: Flu Shot Effects Bargaining
  • Notice pursuant to Public Employment Relations Board (PERB) Regulation 32111
  • PERB Notice to Employees
  • Posting of Notice – SA-CE-414 (AFSCME EX)
  • TEAMSTERS V REGENTS (SF-PE-5-H): COMPLIANCE WITH PERB ORDER