Action Based on Unacceptable Performance.
A. If remedial action fails and the employee's performance is determined to be at a “Fails to Meet” level in one or more identified Core Competencies, the employee shall be notified in writing of the Agency’s proposal to reduce the employee in grade or remove him/her from Federal service.
B. When the employee is capable of performing another position of the same grade, the Agency has the option of reassigning the employee to such a position if vacant and available.
C. An employee who is reassigned or demoted to a position at a lower grade based on unacceptable performance will receive a new performance plan, in accordance with this Article.
X. Xx employee whose reduction in grade or removal is proposed for unacceptable performance is entitled to:
1. A thirty (30) day advance written notice of the proposed action, which identifies the specific basis for the proposed action including specific instances of unacceptable performance.
Action Based on Unacceptable Performance. Section 1 - Performance based actions do not apply to -
A. the reduction in grade or removal of an employee in the competitive service who is serving a probationary or trial period under an initial appointment or who has not completed 1 year of current continuous employment or
B. The reduction in grade or removal of an employee in the excepted service who has not completed 1 year of current continuous employment in the same or similar position.
Action Based on Unacceptable Performance. A. If an employee’s performance is at an unacceptable level, a reduction in grade or removal may be initiated. The procedures set forth in 5 USC Chapter 43 and GWPAS or 5 USC Chapter 75 may be followed, if appropriate, at the election of the office.
B. If the rating official believes that the employee could benefit from participation in the Office Employee Assistance Program, the rating official shall fully consider the program's provisions prior to taking action against the employee. However, employee participation in this program is strictly voluntary.
C. An employee can request any other action to assist the employee in raising his/her performance level from his/her supervisor, Employee Relations, Office of Civil Rights, or other appropriate management official.
D. If the employee's performance continues to be unacceptable, formal personnel action, in the form of reduction in grade or removal may be initiated. If this action is undertaken, the procedure set forth in 5 CFR 432 will be followed, if legally appropriate.
E. The actions covered by this section are reductions in grade and removals for unacceptable performance taken under 5 USC Chapter 43. All provisions of the Civil Service Due Process Amendments (Public Law 101-376), attached as Appendix D, apply, except as modified below.
1. A non-preference eligible (non-veteran) employee who has completed two years of current continuous employment in the same or similar positions against whom an action based on unacceptable performance has been taken may appeal the decision to the Merit Systems Protection Board, or with the consent of the Union, to arbitration under the terms of this agreement, but not both.
2. A preference eligible (veteran) employee who has completed one year of current continuous employment in the same or similar positions, and against whom an action based on unacceptable performance has been taken may appeal the decision to the Merit Systems Protection Board, or with the consent of the Union, to arbitration under the terms of this agreement, but not both.
F. Prior to proposing any action under 5 USC Chapter 43, the Office will provide a performance improvement period in accordance with Article 13, Section 3. If during the performance improvement period (PIP), the employee has demonstrated definite improvement, but not quite enough to meet the marginal level of performance, then management may extend the PIP for a reasonable time or propose a reduction in grade or removal as appropriat...
Action Based on Unacceptable Performance a. If remedial action fails and the employee's performance is determined to be unacceptable, the supervisor will provide written notification to the employee of one of the following actions:
1. The employee may be reassigned to another position in the same grade for which he or she qualifies.
2. When the employee is not capable of performing any position at the same grade but is capable of performing a position at a lesser grade, in the same or different job series, the supervisor may propose a demotion to a position at a lower grade.
3. The supervisor may propose a removal; the Agency will accept an employee’s request to resign in lieu of removal.
b. An employee who is reassigned or demoted to a position at a lower grade based on unacceptable performance will receive a new performance plan, in accordance with this Article.
c. An employee whose reduction in grade or removal is proposed for unacceptable performance is entitled to:
1. A thirty (30) day advance written notice of the proposed action, which identifies the specific basis for the proposed action including specific instances of unacceptable performance;
2. A representative. The employee must inform the deciding official, in writing, of the representative's name;
Action Based on Unacceptable Performance. A. If all remedial action fails and the employee’s performance is determined to be unacceptable, the supervisor shall provide written notification to the employee that the employee may be subject to one of the following actions:
1. When the employee is capable of performing another position of the same grade, the supervisor may propose to reassign the employee to such a position.
2. When the employee is not capable of performing any position at the same grade but is capable of performing a position at a lesser grade, in the same or different job series, the supervisor may propose a demotion to a position at the next lower grade.
3. If neither A-1 nor A-2 above is feasible, the supervisor may propose a removal.
B. An employee who is reassigned or demoted to a position at a lower grade based on unacceptable performance shall, in accordance with this Article, receive a new Position Description and Performance Plan.
C. An employee whose reduction in grade or removal is proposed for unacceptable performance is entitled to:
