Common use of Action by the Deciding Official Clause in Contracts

Action by the Deciding Official. A. After considering the evidence, the employee’s response, if any, the Xxxxxxx Factors or other aggravating/mitigating factors, the Management official shall take an appropriate action such as: (1) Withdraw the proposed action; (2) Institute a lesser action; (3) Institute the proposed action; (4) Stay the action; or (5) Settle. B. Absent any extenuating circumstances, Management will issue the decision no later than sixty (60) calendar days from the date the employee’s final reply is received. If a reply is not provided by the employee, the decision will be issued no later than ninety (90) calendar days from the end of the reply period. This decision will be in writing, and, in (2) and (3) above, will include the employee’s right to file a grievance under the negotiated grievance procedure for a disciplinary action or in the case of an adverse action under 5 USC 7512, to file an appeal to the Merit Systems Protection Board or a grievance under the negotiated grievance procedure, but not both. The decision will include the name and work phone number of the designated local Union official when such information has been furnished to the appropriate Human Resources Office or the name and work phone number of the Union’s national office or staff representative assigned to the area. C. In adverse actions, the decision will inform the employee that they will have exercised their option to raise the matter under one procedure or the other at the time the employee files a timely grievance or files a notice of appeal under applicable MSPB procedures. In addition to issuing the employee one copy of the letter, Management will furnish a second copy of the letter to the employee which the employee may provide to his/her representative. In no case will the effective date of an adverse action be sooner than thirty (30) days from the date of the proposal.