He told us back In September!

The president of SPSE told us and we did not listen; excerpt for the last Newsletter:

Message from the President—What We Know

We are mere days away from a revolutionary change, both as a Laboratory and as a Union. The private-sector transition will give the Lab new management and SPSE a new relationship to the Lab and its employees. This time recalls moments in history when people have been challenged to redefine themselves, and even the most influential suffer from troubled sleep. Here‟s what we know: as of October 1st we as private-sector employees will be governed by a different set of laws than before. The National Labor Relations Act (NLRA) will replace the Higher Education Employer-Employee Relations Act (HEERA) as the basis of our relationship to Lab management. Will we notice? For many of us—those who have never needed to press a grievance or protest the content of a performance appraisal, who have never sought and will never seek to publish a scientific paper that challenges the basis of a well funded Lab research program, who have never faced the prospect of discipline or layoff, and never will—the answer is no. When budgets are flush and managers act with maturity and integrity, rarely do employees need a safety net. That is the difference; HEERA provides a safety net of rights, but NLRA does not, in and of itself. For example, HEERA gives you the right to be represented by SPSE-UPTE (or anyone) in disputes with management, but NLRA does not, that is unless you‟re part of a collective bargaining unit. So consider the coming perfect storm. This year‟s budget is so uncertain that NNSA has requested a restructuring plan from all of its sites. George Miller (to his credit) leveled with us before the Deadline to Decide that the budget shortfall might exceed the Lab‟s ability to withstand without restructuring. Now consider that Lawrence Livermore National Security (LLNS) will be a start-up company, struggling from the very start to succeed with diminished resources. Consider that new business practices needed to make the fledgling company viable will take time to emerge and catch on. In the meantime, the managers and management structure of today will persist for some time to come, though today‟s public sector legal checks on bad behavior will not be there. So what has SPSE-UPTE been doing about this? Our focus as a union for the past year has been to organize as many UC employees into collective bargaining status as possible. We‟ve been in a race against time to 10/1/2007 when the rules for qualifying switch to private sector (and become much stiffer). What was the outcome of the campaign? Here‟s what we know: the 200 and 300 series employees that make up our historical membership base have not petitioned in sufficient numbers to gain collective bargaining for the Scientist and Engineer unit. The 500 and 900 series have signed up in large numbers, but will not likely reach majority by October 1st for the Technical Unit. The only group of employees to reach majority sign-up has been the subset of 800-series employees that make up the Skilled Trades unit. Who are they? They are the caretakers of the Lab‟s infrastructure. They are the ones who keep the lights shining and the water flowing. They keep the temperature tolerable and generally the whole damn ship of the Lab afloat. If you never have to think about your surroundings at work, they are a big reason why. I see it as no coincidence that as a group they have the most extensive experience with unions—both good and bad—and were the first to surpass the 50% mark. They filed for recognition back in June, but UC and LLNL management is refusing to recognize their petition, raising specious legal challenges to run out the clock. We‟re fighting back as I write this, through both legal and legislative channels. Rep. Ellen Tauscher herself wrote to George Miller twice, urging him to recognize the bargaining unit, or at least resolve differences with SPSE-UPTE by October 1 (see page 3). LLNL is doing neither, and on the legal front, quite literally, the jury is still out. More than once, when I‟ve asked them to sign a petition card, employees have demurred, saying “the Lab has been the best employer I‟ve ever had”. I heartily agree. I have had seven other employers in my lifetime, and LLNL tops the list. This has never been about showing or failing to show gratitude. Rather our campaign has been about holding on to what is good, and giving it permanence under the law. If this campaign fails, will we give up? No. It may take years to regain momentum under private sector rules, but we will persevere. For now, there is still a chance, and I‟m an existential optimist. I believe that we can wake up tomorrow morning and decide to go in a different direction. There‟s a petition card at the back of this Sentinel. If you haven‟t signed yet, consider that this is your best shot at stable terms and conditions of employment in the private sector. As a UC employee, this is truly your last chance.