ACTIONS BASED ON UNACCEPTABLE PERFORMANCE. A. This Article applies to all members of the bargaining unit who have completed their trial or probationary period and who are considered to be performing at an unacceptable level following the completion of a performance improvement period. In such a situation, the Employer may consider one or more of the following options:
1. Deny a within-grade increase under 5 CFR 531;
2. Reassign the employee to a vacant position at the same grade, in accordance with 5 CFR 430, if the supervisor believes the noted performance deficiencies in the current position would not prevent successful performance in the vacant position;
3. Propose the employee’s demotion to a lower grade, in accordance with 5 CFR 432; or
4. Propose the employee’s removal in accordance with 5 CFR 432.
B. When taking action on unacceptable performance, the Employer will do so in an objective fashion. The Employer will make every reasonable effort in accordance with this Agreement to assist an employee in improving deficient performance and will provide a reasonable opportunity for the employee to correct performance problems before initiating any removal or demotion action.
Section 2. If an employee requests a change to a lower grade due to the employee’s inability to perform the duties of the current position, the Employer will consider placing the employee in a vacant position identified by the Employer as one in which the employee has a reasonable chance of successful performance.
A. When the Employer proposes a reduction-in-grade or a removal, the employee will be provided with a 30 day notice period and a notice containing the following information:
1. The action being proposed and the fact that a determination will not be made until after the expiration of the notice period;
2. The critical element(s) and performance standard(s) of the position in which performance is deemed unacceptable;
3. The specific instances of unacceptable performance on which the present action is based;
4. The employee’s right to representation and right to present an oral and/or written reply within 15 work days;
5. The right to review the information relied upon by management to support the proposed action;
6. The opportunity to use a reasonable amount of official time to prepare a reply; and
7. The name of the individual to whom the response shall be made.
B. The 30-day notice period shall begin effective the date the employee receives the notice.
C. In reaching a final decision, the Employer may not rely on any...
ACTIONS BASED ON UNACCEPTABLE PERFORMANCE. Section 10.1 In accordance with the appraisal system required by 5 USC 4302, an employee may be reduced in grade or removed for unacceptable performance under 5 USC 4303, 5 CFR Part 432, Departmental and Bureau regulations, and this Agreement. This article does not apply to temporary and probationary employees.
ACTIONS BASED ON UNACCEPTABLE PERFORMANCE. 1. An indefinite or permanent employee whose performance is below fully successful (or its equivalent) is entitled to a performance improvement plan (PIP) for a period of one hundred and twenty (120) days which informs the employee of:
a. The instances of unacceptable performance.
b. The critical elements of the job standard which are unacceptable.
c. How the supervisor will assist the employee in bringing his/her work up to acceptable standards.
ACTIONS BASED ON UNACCEPTABLE PERFORMANCE. 1. An indefinite or permanent employee not serving in a probationary or trial period, and whose performance is below fully successful (or its equivalent), is entitled to a written notice of sub- standard performance. If a performance improvement plan (PIP) is required, the PIP shall be for a minimum period of ninety (90) days and shall inform the employee of:
a. The instances of unacceptable performance.
b. The critical elements of the job standard which are unacceptable.
c. How the supervisor will assist the employee in bringing his/her work up to acceptable standards.
2. No action based on unacceptable performance may be taken until critical elements and performance standards have been identified in writing.
3. Use of the Employee Assistance Program (Article 23) may be appropriate in instances of unacceptable performance. Both supervisors and employees are encouraged to identify situations where it may be advisable for an individual to voluntarily seek assistance.
ACTIONS BASED ON UNACCEPTABLE PERFORMANCE. 1. Pursuant to 5 U.S.C. 4303, an action based on unacceptable performance, for the purpose of this article, is the reduction in grade or removal of an Employee whose performance is at the unacceptable level. Unacceptable performance means the performance of an Employee that fails to meet established performance standards in one (1) or more critical elements of his/her position.
2. Prior to issuing a notice of proposed action based upon unacceptable performance, the Employer will provide the Employee an opportunity to demonstrate acceptable (5 CFR 432.104/370) performance. The Employer will provide a written notice to the Employee, in the form of a performance improvement plan (PIP). The PIP will:
a. Cite the critical elements for which performance is unacceptable.
b. Give specific instances of unacceptable performance related to the critical elements.
c. Cite the performance standards and describe the performance requirements that must be met in order to demonstrate performance at the acceptable level for each critical elements in which the Employees performance is unacceptable.
d. Describe the appropriate assistance that will be provided by the Employer to help the Employee improve his/her performance to the acceptable level.
e. State that the Employee will normally be given between 30-60 days and may be extended up to 90 days for an opportunity to demonstrate acceptable performance in his or her position.
f. Inform the Employee that unless his or her performance in the critical elements improves to and is sustained at an acceptable level, the Employee may be reduced in grade or removed. (5 CFR 431.104/370)
g. Provide for notification to the Employee during the PIP when PIP requirements are not being met.
ACTIONS BASED ON UNACCEPTABLE PERFORMANCE. 1. An employee not serving in a probationary or trial period, and whose performance is below fully successful (or its equivalent), is entitled to:
a. A thirty (30) day advanced written notice of sub-standard performance which informs the employee of:
(1) The instances of unacceptable performance.
(2) The critical elements of the job standard which are unacceptable.
(3) How the supervisor will assist the employee in bringing his/her work up to acceptable standards.
2. An employee may not be rated below fully successful (or its equivalent) and no action based on unacceptable performance may be taken, to include actions covered by Section 22.4, unless the procedures in paragraph 1 (above) have been followed by the Agency.
3. When the criteria in paragraphs 1 and 2 (above) have been met, if an employee’s performance continues to be unacceptable in one or more critical elements after the performance improvement period has expired, the Agency may take one or more of the following actions in accordance with appropriate regulation. The actions below are listed in a progressive order; however, the Agency may take whatever action is appropriate as supported by the individual circumstances:
a. Denial of within grade increase;
b. Reduction in grade; c. Reassignment; or,
ACTIONS BASED ON UNACCEPTABLE PERFORMANCE. 1. An indefinite or permanent employee whose performance is below fully successful (or its equivalent) is entitled to a written notice of sub-standard performance, and placement in a performance improvement plan (PIP) for a period of ninety (90) to one hundred and twenty (120) days, which informs the employee of:
a. The instances of unacceptable performance.
b. The critical elements of the job standard which are unacceptable.
c. How the supervisor will assist the employee in bringing his/her work up to acceptable standards.
2. Use of the Employee Assistance Program (Article 23) may be appropriate in instances of unacceptable performance. Both supervisors and employees are encouraged to identify situations where it may be advisable for an individual to voluntarily seek assistance.
ACTIONS BASED ON UNACCEPTABLE PERFORMANCE. Consistent with Chapter 43 or Title 5 of the United States Code, action for unacceptable performance will be handled in the following manner
ACTIONS BASED ON UNACCEPTABLE PERFORMANCE. When the Department takes an action based on unacceptable performance consistent with 5 USC 4303 or 5 USC 7513, the Department will follow the law and the applicable implementing regulations under 5 CFR 432 and 5 CFR 752, as amended, and the employee will be advised of his or her appeal rights. Before an employee receives an unacceptable rating leading to a notice of proposed demotion, or removal for unacceptable performance under 5 USC 4303, the employee will be advised in writing of performance deficiencies, and be provided a 90-day period to demonstrate acceptable performance. If an employee has performed acceptably for one year from the beginning of an opportunity to demonstrate acceptable performance (in the critical element(s) for which the employee was afforded an opportunity to demonstrate acceptable performance), and the employee’s performance again becomes unacceptable, the agency shall afford the employee an additional opportunity to demonstrate acceptable performance before determining whether to propose a reduction in grade or removal under this part. A proposed action may be based on instances of unacceptable performance which occur within a one year period ending on the date of the notice of the proposed action.
ACTIONS BASED ON UNACCEPTABLE PERFORMANCE. 1. An employee not serving in a probationary or trial period, and whose performance is below fully successful (or its equivalent), is entitled to: