ذكرة

ASSISTANT

Administrator, unless the Agreement is disapproved by the
Director, OFCCP within forty-five (45) days of execution by the
Regional Administrator.

PART IV

Signatures

This Conciliation Agreement is hereby executed by and between the Office of Federal Contract Compliance Programs and Los Alamos National Laboratory. This Conciliation Agreement will expire two years after the execution date of this Agreement by the Regional Administrator.

ASSISTANT

1 July 1985 James P. Koerber

James P. Koerber

Assistant Regional Administrator
for OFCCP Region VI
U.S. Department of Labor

[bracketed-materfal] deletion

11 RELATING TO DISCRIMINATORY HIRING PRACTICES/BY THE LOS ALAMOS NATIONAL

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WHEREAS, the university of California, the Los Alamos national
laboratory and subcontractors perfor an important national security
function and are a significant part of the economy and employment op-
portunities of the state; and

WHEREAS the Kinds and types of employment in the LANL and sub-
contractors are sought by many persons from New Mexico who see the
laboratory as one of the few major employers in northern New Mexico;

and

WHEREAS, LANL And subcontractors have been in operation for more
than forty years, and during that time there have been consistent com-
24 plaints of discrimination against Hispanics, women and Indians of New

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Mexico in hiring, promotions, training and layoffs; and

WHEREAS, there have been equal employment opportunity laws that prohibit discrimination against Hispanics, women and Indians but with little response or few results from LANL of subcontractors; and

WHEREAS, LANL and subcontractors employ considerably fewer Hispanic, women and Indians than simple parity would require; and WHEREAS, LANL and subcontractors refuse implement an effective affirmative action plan as required by Executive der 11746, as amended, even though the order was issued in 1965, and LANL, unlike other contractors, continues to ignore it; and

WHEREAS, third-party complaints filed by civil rights organizations and the investigations that followed found evidence to substantiate the complaints of discrimination against Hispanics, women and Indians; and

WHEREAS, complaints of discrizination against Hispanics, women and Indians are at an all-time high and affect the well-being and human rights of all New Mexicans;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the United States' department of labor's office of contract compliance is requested to complete all compliance reviews and investigations at Los Alamos national laboratory and subcontractors; and

BET FURTHER RESOLVED that the senate of the state of New Mexico requests the federal government agencies such as the department of labor the department of energy and the department of justice to carry out the statutory requirements of Executive Order 11246, and that the New Mexico congressional delegation oversee the implementation, in

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vestigations and results of the executive order; and

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BE IT FURTHER RESOLVED that copies of this memorial be sent to the

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above-named departments and to the members of the New Mexico congres

Summary of Comments by the

LOS ALAMOS NATIONAL LABORATORY

on the Draft Report of the Committee on Education and Labor Regarding the OFCCP

Attachment 6

INTRODUCTION:

The Los Alamos National Laboratory is owned by the Department of Energy but is operated for the Department under a non-profit contract by the University of California. As one of the leading scientific institutions in the world but being a national laboratory with federal funding, the Laboratory should be a positive model of Equal Employment Opportunity and Affirmative Action for other organizations to follow. We feel that the Laboratory is such a model. In spite of exemplary programs and a workforce that includes more females and minorities than any similar organization that we know of, the popular perception that Los Alamos has been (and remains) a poor performer in the EEO/AA arena persists. The draft report of the House Education and Labor Committee perpetuates that perception. This summary briefly addresses some of the larger (versus detailed) issues raised in the draft report.

We are gravely concerned that the assumptions implicit in the draft report and the conclusions drawn will have a major and continuing adverse impact on the Laboratory's excellent ongoing positive affirmative action efforts. We are proud of these efforts and the results which are summarized in Attachment 2, and we are distressed that allegations arising out of activities in the late 1970's and early 1980's may act to the detriment of present Laboratory efforts to comply fully with its equal employment opportunity and affirmative action obligations.

The very title ("The Los Alamos Case: A Case Study in Underenforcement") of the section of the draft report concerning Los Alamos contains unwarranted inferences. We submit that our EEO/AA record at the time of the review was quite good and today it is even better. The title implies that Los Alamos had serious problems that needed remedy by OFCCP enforcement; that is simply not the case. We suggest a better title would be simply "The Los Alamos Case."

PREMISE OF THE REPORT:

The purpose of the report is not to investigate the EEO performance of the Laboratory but rather to evaluate the performance of the OFCCP in its earlier compliance review of Los Alamos. We have no fault with this purpose. However, the basic premise of the report is that Los Alamos had a poor EEO/AA record, practiced discrimination, acted improperly during the review, and tried to interfere with the progress of the review. We maintain that this premise is false and that the purpose of the report could still be supported with the opposite but true premise.

A worthy goal of the Committee would be to understand the circumstances surrounding the Los Alamos review in order to prevent a similar occurrence in the future at an OFCCP review of any institution.