Common use of ACTIONS BASED ON UNACCEPTABLE PERFORMANCE Clause in Contracts

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 employee performance that the employee has not been given the opportunity to reply to either orally or in writing. Section 4. The Agency shall make its final decision normally within 30 days after expiration of the advance notice period. The notice period may be extended in accordance with the provisions of 5 CFR 432.105. Unless proposed by the head of the Agency, such written decision shall be made by an employee who is in a higher position than the person proposing the action. The notice shall include the instances of unacceptable performance on which the action is based, the effective date of the action, and the employee’s right to appeal. A decision to reduce in grade or remove an employee may be based only on those instances of unacceptable performance that occurred during the one (1) year period ending on the date of issuance of the advanced notice.

ACTIONS BASED ON UNACCEPTABLE PERFORMANCE. A. This Article applies to all members 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 minimum of thirty (30) but no more than ninety (90) day written notice of sub- standard performance which informs the employee of: (1) The instances of unacceptable performance. (2) The critical elements of the bargaining unit who 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 completed their trial or probationary period been followed by the Agency. 3. When the criteria in paragraphs 1 and who are considered 2 (above) have been met, if an employee’s performance continues to be performing at an unacceptable level following in one or more critical elements after the completion of a performance improvement period. In such a situationperiod has expired, the Employer Agency may consider take 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, actions in accordance with 5 CFR 430appropriate regulation. The actions below are listed in a progressive order; however, if the supervisor believes Agency may take whatever action is appropriate as supported by the noted performance deficiencies individual circumstances: a. Denial of within grade increase; b. Reduction in grade; c. Reassignment; or, d. Removal 4. The action taken should not be arbitrary or capricious and should be considered in the current position would not prevent successful performance in the vacant position; 3. Propose context of the employee’s demotion total work history, especially their past performance. In these cases, the Agency should consider taking a lesser penalty. A referral to a lower grade, the Employee Assistance Program (Article 23) may also be appropriate in accordance with 5 CFR 432; or 4these instances of unacceptable performance. Propose the employee’s removal in accordance with 5 CFR 432Both supervisors and employees are encouraged to identify situations where it may be advisable for an individual to voluntarily seek assistance. B. When taking 5. An employee who may be subject to adverse action based 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 but who has filed for 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 disability retirement prior to the employee’s inability to perform the duties end of the rating period during which the unacceptable performance took place, may be retained in their current position, position until the Employer will consider placing end of the employee in a vacant position identified by the Employer as one pay period in which the employee has a reasonable chance of successful performanceOPM adjudication is received. 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 employee performance that the employee has not been given the opportunity to reply to either orally or in writing. Section 4. The Agency shall make its final decision normally within 30 days after expiration of the advance notice period. The notice period may be extended in accordance with the provisions of 5 CFR 432.105. Unless proposed by the head of the Agency, such written decision shall be made by an employee who is in a higher position than the person proposing the action. The notice shall include the instances of unacceptable performance on which the action is based, the effective date of the action, and the employee’s right to appeal. A decision to reduce in grade or remove an employee may be based only on those instances of unacceptable performance that occurred during the one (1) year period ending on the date of issuance of the advanced notice.

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 periodSection 1. In such a situation, the The Employer may consider one reduce in grade 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, remove an Employee for unacceptable performance in accordance with 5 CFR 430Army Regulation 690-400, if the supervisor believes the noted performance deficiencies in the current position would not prevent successful performance in the vacant position; 3Chapter 432, and other applicable laws and regulations. Propose the employee’s demotion to Whenever there is a lower gradeconflict with rules or regulations other than those of a government-wide authority, 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 this agreement 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 actionprevail. Section 2. If Prior to initiating an employee requests a change to a lower grade due to the employee’s inability to perform the duties of the current positionaction under this Article, 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 informationan Employee must be: 1. The action being proposed and the fact that a determination will not be made until after the expiration a. Informed in writing (Letter of the notice period; 2. The critical element(s) and performance standard(sWarning) of the position in which performance is deemed unacceptableapplicable critical elements and standards of performance; b. Informed of performance deficiencies and what needs to be accomplished for the Employee to receive an acceptable rating; c. Allowed a reasonable amount of time (normally not less than forty-five (45) calendar days) to demonstrate acceptable performance. What constitutes a reasonable amount of time will depend on the nature of the Employee's position and the performance deficiency(s) involved, and how long it would take to demonstrate acceptable performance, as well as other special circumstances; e.g., a seasonal work schedule, extended leave, an alcoholism or drug problem, etc.; d. Informed, in writing, of how the supervisor will assist in the effort. Section 3. The specific An Employee whose reduction in grade or removal is proposed is entitled to: a. Thirty (30) calendar days advance notice (Notice of Proposed Removal/Change to Lower Grade for Unacceptable Performance) of the proposed action which identifies: (1) Specific instances of unacceptable performance on which the present proposed action is based;, and that Employee has not improved his performance to an acceptable level. 4. (2) The employee’s right to representation and right to present an oral and/or written reply within 15 work days;critical elements of the Employee's position involved in each instance of unacceptable performance. 5. The right to review the information relied upon b. Be represented by management to support a Union representative or by a representative of Employee's choice. c. Be provided at least twenty (20) calendar days following receipt of the proposed action; 6. The opportunity action 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 employee performance that the employee has not been given the opportunity to reply to either answer orally or and in writing. Section 4. The Agency shall make its final d. A written decision normally within 30 (Notice of Decision) as soon as possible, but not later than thirty (30) calendar days after expiration of the advance notice period. The notice period may be extended in accordance with the provisions of 5 CFR 432.105. Unless proposed by the head of the Agency, such written decision shall be made by an employee who is in a higher position than the person proposing the action. The notice shall include expires which: (1) Specifies the instances of unacceptable performance on which the action is based, ; and (2) Be concurred in by a higher level official than the effective date of one who proposed the action, and the employee’s right to appeal. Section 4. A In cases of decision to reduce in grade or remove an employee Employee for unacceptable performance, the Employer agrees that the decision may be based only on those instances of unacceptable performance that occurred during by the one (1) year period ending on Employee specified in the date of issuance of the advanced proposed notice.

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 When an employee is considered to be performing at an unacceptable level following as defined by applicable law and regulations at any time during the completion performance year, the employee will be notified in writing of a his/her deficient performance. Such notification will include the critical elements of which the unacceptable performance improvement periodis based, specific instances of unacceptable performance, what action must be taken to improve his/her performance to an acceptable level and what the Employer will do to assist the employee. In such a situationThe supervisor should also inform the employee that unless his/her performance in the critical element(s) improves to and is sustained at an acceptable level, the employee may be reduced in grade or removed. When the employee’s performance is unacceptable, the Employer may consider one or more shall afford the employee a reasonable opportunity, in no case less than ninety (90) days, to demonstrate acceptable performance, commensurate with the duties and responsibilities of the following options:employee’s position. At the end of the opportunity period, the supervisor will appraise the employee’s performance again. 1B. Not less than every thirty (30) days during the period for improving performance, the supervisor shall provide the employee with a written review identifying the employee’s progress and identifying any areas still needing improvement. Deny a within-grade increase under 5 CFR 531;Additionally, the supervisor shall include specific recommendations of methods and means of improving that the employee may use to attain an acceptable level of competence. 2. Reassign C. Prior to and during the opportunity period, the Employer will assist the employee to improve his/her performance. If an employee does not feel he or she is getting the proper assistance during the opportunity period to correct his or her performance deficiencies, the employee may bring those concerns to the attention of the Employer and/or the Union. The parties will meet within a vacant position at reasonable period, normally five (5) workdays to discuss the same gradeemployee’s concerns. D. If the employee’s performance has not improved to an acceptable level, 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 performanceUSC § 4303, the Employer will do so provide the employee thirty (30) days advance written notice of the proposed action, which may be a reduction in an objective fashiongrade or removal for unacceptable performance. The Employer notice 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 contain 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 by the employee on which the present proposed action is based; 4. The based and, the critical elements of the employee’s position involved in each instance of unacceptable performance, the right to representation and be represented by an attorney or other representative, the right to present respond orally and in writing and the name and title of the official designated to hear an oral and/or receive a written reply within 15 work days; 5reply. The right to review Employee has the information relied upon by management to support the proposed action; 6. The opportunity to use a reasonable amount of official time respond 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 orally and in writing within fifteen (15) days from the date the employee receives the notice. C. In reaching a final decision, the Employer may not rely on any employee performance that the employee has not been given the opportunity to reply to either orally or in writing. Section 4. The Agency shall make its final decision normally within 30 days after expiration of the advance notice period. The notice period may be extended in accordance with the provisions of 5 CFR 432.105. Unless proposed by the head of the Agency, such written decision shall be made by an employee who is in a higher position than the person proposing the action. The notice shall include employee may request an extension in writing, with justification, to the instances of unacceptable performance on which Employer and the action is based, the effective date Employer may grant an extension of the action, and reply period. E. The Employer shall consider the employee’s reply and then provide the employee with a written decision concerning the proposed action. The Employee may have representation during all phases including the oral response. F. An Employee and his/her Union Representative shall be granted a reasonable amount of official time, if otherwise in a duty status to review the material relied upon by the Employer in proposing a reduction in grade or removal and for the purpose of preparing and presenting answers to proposed actions covered under this Article. G. An Employee against whom action is proposed under this Article and his/her Union Representative shall have the right to appeal. A review all of the information relied upon to support the action and shall be given a copy of the information upon the Employee's or Union Facility Representatives written request. H. In no case will the final decision to take corrective action be based on a matter not specified in the notice of proposed action. I. The decision to retain, reduce in grade grade, or remove an employee shall be made within thirty (30) days after the date of expiration of the notice period. J. A decision to remove, reduce-in-grade, or reassign may be based only on those instances of unacceptable performance by the employee that occurred during the one (1) year period ending on the date of issuance the notice of proposed action. K. If, because of performance improvement by the employee during the notice period, the employee is not reduced in grade or removed, and the employee’s performance continues to be acceptable for one (1) year from the date of the advanced noticeadvance written notice provided under any entry or other notation of the unacceptable performance for which the action was proposed under this section shall be removed from any Employer record relating to the employee. L. The decision to remove or reduce-in-grade shall be concurred with by an official in a higher position than the official who proposed the action.

ACTIONS BASED ON UNACCEPTABLE PERFORMANCE. A. This Article applies to all members a. An advance notice of proposed action may not be given until the employee has been informed of the bargaining unit who have completed their trial or probationary period unacceptable performance on the critical element(s) of the job and who are considered been given a reasonable time to demonstrate acceptable performance. The amount of time deemed reasonable may vary depending upon the complexity of the job; however, it should be performing at an unacceptable level following the completion of a performance improvement periodconsistent with similar job categories. In such a situationorder to remove any uncertainty pertaining to performance expectations, the Employer may consider one or more of the following options: 1. Deny a within-grade increase under 5 CFR 531; 2. Reassign supervisor will identify to the employee the necessary corrective action required to meet acceptable performance expectations. Any time throughout the appraisal period that an employee's performance falls 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 performancelevel of Unacceptable, the Employer Acceptable expectation will do so in an objective fashion. The Employer will make every reasonable effort in accordance with this Agreement be provided 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 performancewriting. A. When the Employer proposes a reduction-in-b. An employee whose reduction in grade or a removal, the employee will be provided with a 30 day notice period and a notice containing the following informationremoval is proposed is entitled to: (1. The action being proposed and the fact that a determination will not be made until after the expiration ) Thirty (30) calendar days advance written notice of the notice period;proposed action which identifies: 2. The critical element(s(a) and performance standard(s) of the position in which performance is deemed unacceptable; 3. The specific Specific instances of unacceptable performance by the employee on which the present proposed action is based; 4. (b) The critical element(s) of the employee’s right 's position involved in each instance of unacceptable performance; (c) The name and title of the official designated to representation and right to present hear an oral reply and/or receive the written reply within 15 work daysreply; and (d) The number of days that the employee is provided to answer orally and/or in writing. (2) Be represented by a UNION representative in the Negotiated Grievance Procedure or by an attorney or other representative if proceeding independently in MSPB or EEO procedures; 5. The right to review the information relied upon by management to support the proposed action; 6. The opportunity to use a (3) A reasonable amount of official time to prepare a replyan answer to the advance notice if the employee is otherwise in an active duty status; (4) A reasonable time, not less than seven (7) calendar days, to answer orally and in writing; and 7. The name (5) A written decision which: (a) In the case of reduction in grade or removal specifies the individual to whom the response shall be made. B. The 30-day notice period shall begin effective the date instances of unacceptable performance by the employee receives on which the notice.reduction in grade or removal is based; C. In reaching a final decision, the Employer may not rely on any employee performance that the employee has not been given the opportunity to reply to either orally or in writing. Section 4. The Agency shall make its final decision normally within 30 days after expiration of the advance notice period. The notice period may be extended in accordance with the provisions of 5 CFR 432.105. Unless proposed by the head of the Agency, such written decision shall be made (b) Is signed by an employee who is official in a higher position than the person proposing official who proposed the action. The notice shall include ; (c) Specifies the instances employee's right of unacceptable performance on which appeal to the action MSPB or grievance under the Negotiated Grievance Procedure in Article 25; and (d) Provides all appropriate information for filing under either procedure, including the time frames. c. Where an application for disability retirement of an employee is basedapproved, the effective date employee, at his/her option, may use any available sick leave. d. The procedures of the action, Civilian Employee Assistance Program must be considered and the employee’s right made available to appeal. A decision any employee who so requests prior to reduce in grade or remove an employee may be initiating action based only on those instances of unacceptable performance that occurred during the one (1) year period ending on the date of issuance of the advanced noticeperformance.