Performance Based Actions. The Center may discipline an employee for reasons related to the employee’s performance. In such cases, a performance improvement plan, if appropriate, will be incorporated into the progressive disciplinary process. Before an employee may be disciplined for performance‐related reasons, the Center will adhere to the prerequisites for disciplinary action found in Section 24.4 above.
Performance Based Actions. A. Should an employee's performance be determined to be unacceptable based on the results of the PIP, the Agency will consider the following possible personnel actions:
1. reassignment of the employee;
2. demotion to a position at a lower grade in accordance with 5 CFR 432; and
3. removal of the employee from Federal service in accordance with 5 CFR 432.
B. An employee whose reduction-in-grade or removal is proposed for unacceptable performance is-entitled to:
1. A thirty (30) calendar day advance notice of the proposed action that identifies both the specific instances of unacceptable performance by the employee on which the proposed action is based and the critical element(s) of the employee's position involved in each instance of that performance;
2. A representative. The employee may file a written statement with the deciding official indicating the name, title (if any) and address of their representative(s);
Performance Based Actions a. Should all remedial action fail and the employee’s performance is determined to be unacceptable, the supervisor will issue a rating of unacceptable performance to the employee. One of the following actions will be taken:
1) reassignment;
2) reduction to the next lower appropriate grade; or
3) removal.
b. When employees are determined to be performing at an unacceptable level, the employees will be notified in writing of their unacceptable performance, what action must be taken by them to improve their performance to an acceptable level, and what assistance will be provided by the employer to help the employees improve their performance. Supervisory assistance should consist of weekly counseling, training and close supervision. The employee will be given 45 calendar days in which to bring their performance up to an acceptable level. At the end of the 45 day period, employee will be reevaluated and informed in writing of their performance. If the employee’s performance improves, any reference to the unacceptable performance shall be removed from the employee’s records after one year. If the performance has not improved and corrective action is necessary, the employer will give the employee written notice of the proposed action setting forth in detail the basis for the action. Such notices will be given to the employees 30 days in advance of the proposed action. Employees will have 15 workdays in which to respond to the proposed action.
Performance Based Actions. The actions covered by the provisions of this Article are: reduction in grade and removal for unacceptable performance pursuant to 5 U.S.C. § 4303, for employees in bargaining unit positions at the time the action was initiated.
Performance Based Actions. A. Once an employee has been afforded a reasonable opportunity to demonstrate acceptable performance, as provided for in Section 17.3 above, the Agency may propose a reduction in grade or removal action if the employee’s performance, dur- ing or following the opportunity to demonstrate acceptable performance, is unacceptable in one (1) or more of the critical elements for which the employee was afforded an opportunity to demonstrate acceptable performance.
B. If an employee has performed acceptably for one (1) year from the beginning of an opportunity to demonstrate acceptable performance in the critical element(s) for which the employee was afforded such opportunity, and the employee’s perfor- xxxxx again becomes unacceptable, the Agency shall afford the employee an additional opportunity to demonstrate acceptable performance, before determin- ing whether to propose a reduction in grade or removal.
C. A proposed action may only be based on instances of unacceptable performance which may occur within a one (1) year period ending on the date of the notice of proposed action.
Performance Based Actions. Should the employee’s performance remain unacceptable while on a PIP, the employee shall receive a rating to reflect his/her level of performance. The Agency will then proceed with Action to reassign the employee, or adverse action to reduce in grade, or remove the employee. Such action will be processed pursuant to Agency regulations and existing laws. Employees may grieve reassignments pursuant to this section under Article 19, Negotiated Grievance Procedure.
Performance Based Actions a. Should all remedial action fail and the employee' s performance is determined to be unacceptable, one of the following actions will be taken: reassignment, reduction to the next lower appropriate grade, or removal.
b. An employee who is reassigned or demoted to a position at a lower grade will be informed of his/her standing after ninety (90) calendar days in the new position.
c. An employee whose reduction in grade or removal is proposed for unacceptable performance, is entitled to:
(1) thirty (30) calendar days' advance written notice of the proposed action which identifies the specific basis for the proposed action, including specific instances of unacceptable performance, and,
(2) a reasonable time, not to exceed fourteen (14) calendar days, to answer orally and/or in writing. The decision to retain, reduce in grade, or remove an employee shall be made within thirty (30) calendar days after the date of expiration of the notice period.
d. The employee will be given a written decision which:
(1) specifies directly or by reference the instances of unacceptable performance on which the decision is based, and
(2) specifies the effective date, the action to be taken, and the employee’s right to appeal to the Merit Systems Protection Board in accordance with applicable law, or file a grievance under the negotiated grievance procedure.
Performance Based Actions. A. Management will initiate a performance-based action if, despite the additional assistance provided in accordance with the OPS plan, the employee’s performance has not improved to the Successful Contribution Level by the end of the OPS period. This will result in the employee’s reassignment to another position, reduction in grade, or termination.
B. Demotions or removals for performance-based reasons must be accomplished in accordance with the applicable law and government-wide regulations governing the employees covered and the procedures to be followed (i.e., 5 CFR 432 or 5 CFR 752).
C. An employee receiving a proposed action based on unacceptable performance is entitled to:
1. a thirty (30) day advance written notice of the proposed action that identifies both the specific instances of unacceptable performance by the employee on which the proposed action is based and the critical element(s) of the employee’s position involved in each instance of unacceptable performance;
2. to be represented by an attorney or other representative;
3. time to respond to the notice of proposed action orally and in writing;
4. a final written decision within thirty (30) days after the expiration of the advance notice period.
D. The employee may appeal to the Merit Systems Protection Board (MSPB) in accordance with applicable law, or the employee, with union concurrence, may timely request arbitration under the terms of this Agreement. The choice of the appeal forum is irrevocable. An employee shall be deemed to have exercised the appellate option at such time as the employee timely initiates an appeal under the statutory procedure or timely requests arbitration.
E. Management has the option of taking a performance-based action without instituting a new OPS plan if:
1. the employee has successfully completed an OPS plan by demonstrating improved performance, and
Performance Based Actions. A. Should an employee’s performance continue to be Unacceptable and the employee's performance is determined to be Unacceptable after the reasonable opportunity to improve said performance to an acceptable level through a PIP, the supervisor will consider the following possible personnel actions:
1. Deny the employee's within grade increase in accordance with 5 CFR 531;
2. When the employee is capable of performing in a different position of the same grade, the supervisor may propose to reassign the employee to such a position in accordance with 5 CFR 430;
3. When the employee is not capable of performing in a position at the same grade but is capable of performing in a position at a lower grade, the supervisor may propose a demotion to a position at a lower grade in accordance with 5 CFR 432;
4. The supervisor may propose to remove the employee from Federal Service in accordance with 5 CFR 432. The supervisor must consult with the Human Resources Office before taking any action based on Unacceptable performance.
B. An employee whose reduction-in-grade or removal is proposed for such performance is entitled to:
1. A 30-day advance notice of the proposed action that identifies both the specific instances of Unacceptable performance by the employee on which the proposed action is based and the critical element(s) of the employee's position involved in each instance of that performance;
2. A representative. The employee may file a written statement with the deciding official indicating the name, title (if any) and address of her or his representative(s);
Performance Based Actions. In any grievance involving performance appraisals, prior to Step Two (2) of the Formal Grievance, the management will establish a three (3) person panel to review the performance appraisal and make a recommendation to the Adjutant General. The Adjutant General shall, within ten (10) workdays of receiving the recommendation from the panel, render a written decision. If the employee is dissatisfied with the decision rendered by The Adjutant General, the Union may proceed to arbitration.
