Common use of Unacceptable Performance Clause in Contracts

Unacceptable Performance. A. The Employer agrees to abide by the following procedures for Employees who have successfully completed a probationary period in their current position but have been determined to be performing unacceptably with regard to one or more critical elements of the position. Such Employees will be provided a written Opportunity to Improve (OTI) that affords a reasonable opportunity to improve (normally a minimum of ninety [90] calendar days) prior to initiation of any demotion or removal action based upon unacceptable performance. The OTI will explain that initiation of action to demote or remove may begin if the Employee’s performance fails to improve in accordance with the OTI. This OTI shall identify the assistance that will be provided to the Employee during the opportunity to improve period. Such assistance may include training, counseling, coaching, setting short-term specific job assignments and goals, and regularly scheduled supervisory conferences. B. After the end of the OTI period, if the Employee’s performance is determined to be “Fully Successful” the OTI will be ended. If the Employee’s performance is not successful after ninety (90) days but the Employee has demonstrated significant improvement in performance, management will consider extending the opportunity to improve period for another thirty (30) days. C. If action for unacceptable performance is necessary, prior to proposing removal or demotion of the Employee, management may, but is not required to, consider reassigning the Employee to an available vacant position for which the Employee qualifies and which the Employee can reasonably be expected to perform at the “Fully Successful” level with a minimum of training. D. Action to demote or remove an Employee for unacceptable performance will be initiated by a thirty (30) day notice to the Employee. At a minimum, the notice will include: 1. The Nature of the Proposed Action. 2. Identification of the Performance Element(s), which the Employee failed to meet. 3. A Specific Explanation of the Performance that is the basis for the action. 4. The Employee’s right to respond verbally and in writing within ten (10) workdays. Extensions for good cause will be granted. 5. The Employee’s right to be represented.

Unacceptable Performance. A. The Employer agrees to abide by Performance which is below the following procedures for Employees who have successfully completed a probationary period in their current position but have been determined to be performing unacceptably with regard to minimally satisfactory level on one or more critical elements is unacceptable. B. When performance is unacceptable the supervisor must notify the employee in writing and allow the employee a reasonable opportunity period to demonstrate acceptable performance before taking any performance based action. C. This notice to the employee will: 1. Identify the critical element(s) for which performance is unacceptable; 2. Inform the employee of the performance standards that must be reached in order to be retained in the position; 3. Such Employees will be provided a written Opportunity to Improve (OTI) that affords Give the employee a reasonable opportunity to improve (normally a minimum of ninety [90] calendar days) prior to initiation of any demotion or removal action based upon unacceptable demonstrate acceptable performance; and 4. The OTI will explain that initiation of action to demote or remove may begin if the Employee’s performance fails to improve in accordance with the OTI. This OTI shall identify Indicate the assistance that will be provided to the Employee during provided. D. During the opportunity period, the supervisor will provide active and appropriate assistance to help the employee improve periodtheir performance. Such This assistance may include trainingconsist of closer supervision, counseling, coachingguidance, setting short-term specific job assignments and goalsformal training, and regularly scheduled supervisory conferencesor other assistance as determined by the supervisor. B. After E. If – at the end conclusion of the OTI period, if opportunity period – the Employee’s employee's performance is determined still unacceptable and Management proposes to be “Fully Successful” reduce the OTI will be ended. If the Employee’s performance is not successful after ninety (90) days but the Employee has demonstrated significant improvement employee in performance, management will consider extending the opportunity to improve period for another thirty (30) days. C. If action for unacceptable performance is necessary, prior to proposing removal or demotion of the Employee, management may, but is not required to, consider reassigning the Employee to an available vacant position for which the Employee qualifies and which the Employee can reasonably be expected to perform at the “Fully Successful” level with a minimum of training. D. Action to demote grade or remove an Employee for unacceptable performance will be initiated by a thirty (30) day notice to the Employee. At a minimumemployee from service, the notice will includeemployee is entitled to: 1. The Nature Thirty calendar days' advance written notice of the Proposed Actionproposed action specifying instances of unacceptable performance on which the proposed action is based, the critical element(s) involved in each instance of unacceptable performance, and, if a performance appraisal has been prepared, a copy of the performance appraisal. 2. Identification of Notification that the Performance Element(semployee has the right to reply to the proposal verbally and/or in writing and to be represented by the Union (or by another representative, including an attorney), which the Employee failed to meet.; 3. A Specific Explanation reasonable period of the Performance that is the basis time for the action.employee to answer verbally and/or in writing. Normally the time allowed should not be less than 15 calendar days following the date the employee receives the notice; and 4. The Employee’s right to respond verbally and in writing within ten (10) workdays. Extensions for good cause will be grantedA written decision that specifies the instances of unacceptable performance on which the action is based. 5F. Management must issue its written final decision no later than 30 calendar days after the expiration of the notice period. The Employee’s right to be representeddeciding official may extend the notice period by no more than 30 additional calendar days.

Unacceptable Performance. A. The Employer agrees ‌ (a) At any time during the appraisal cycle, if a rating official determines that an employee fails to abide by meet the following procedures “Meets Expectations” level of performance for Employees who have successfully completed any assigned elements and standards, a probationary period in their current position but have been determined to be performing unacceptably with regard to one or more critical elements of the position. Such Employees meeting will be provided a written Opportunity held with the employee to Improve (OTI) that affords a reasonable opportunity to improve (normally a minimum of ninety [90] calendar days) prior to initiation of any demotion or removal action based upon unacceptable performance. The OTI will explain that initiation of action to demote or remove may begin if specifically describe how the Employeeemployee’s performance fails to improve in accordance with meet those elements and standards. The employee will be advised what must be done for the OTIemployee to bring his/her performance to the “Meets Expectations” level. This OTI shall identify the The rating official and employee should also discuss what, if any, guidance or assistance that will be provided to help the Employee during employee improve his/her performance. (b) Performance Improvement Period (PIP). Once the Employer has determined that an employee is performing at an “Unacceptable” level, this fact must be communicated in writing to the employee. The employee must also be informed: • which elements and standards are “Unacceptable”; • that the employee is being given a performance improvement period, to demonstrate performance that meets expectations; • any appropriate assistance which will be offered in order to help the employee in bringing their performance up to a “Meets Expectations” level; and • the action or actions which will be initiated if performance fails to improve to a “Meets Expectations” level. (c) If the employee’s performance improves by the conclusion of the opportunity period or PIP, the rating official will give written notice to improve periodinform the employee that he or she has successfully completed the PIP. Such assistance may include training, counseling, coaching, setting short-term specific job assignments and goals, and regularly scheduled supervisory conferencesThe Employer will notify the employee of continued performance expectations. B. After (d) If the end of the OTI period, if the Employeeemployee’s performance is determined continues to be “Fully SuccessfulUnacceptable,” by the OTI will be ended. If the Employee’s performance is not successful after ninety (90) days but the Employee has demonstrated significant improvement in performance, management will consider extending conclusion of the opportunity period or PIP, action may be initiated to improve period for another thirty (30) days. C. If action for unacceptable performance is necessaryreassign, prior to proposing removal or demotion of the Employeereduce in grade, management may, but is not required to, consider reassigning the Employee to an available vacant position for which the Employee qualifies and which the Employee can reasonably be expected to perform at the “Fully Successful” level with a minimum of training. D. Action to demote or remove an Employee for unacceptable performance will be initiated by a thirty (30) day notice to the Employee. At a minimumemployee in accordance with applicable laws, the notice will include: 1. The Nature of the Proposed Actionrules, and regulations. 2. Identification of the Performance Element(s), which the Employee failed to meet. 3. A Specific Explanation of the Performance that is the basis for the action. 4. The Employee’s right to respond verbally and in writing within ten (10) workdays. Extensions for good cause will be granted. 5. The Employee’s right to be represented.

Unacceptable Performance. A. a. At any time, during the rating cycle, that an employee’s performance declines, supervisors will engage with the employee to reemphasize the standards and provide guidance on improvement. If the employee’s performance continues to decline and becomes unacceptable, management will comply with 5 CFR, Chapter 432 in the execution, and implementation of a Performance Improvement Plan (PIP). PIPs shall adhere to the policy as stated in the XxXX 1400.25, Section 3.0 and HR Guidance (HR17-14). b. The Employer agrees to abide by improvement plan will identify the following procedures critical element(s) for Employees who have successfully completed a probationary period in their current position but have been determined to be performing unacceptably with regard to one or more critical elements which performance is unacceptable and inform the employee of the position. Such Employees will be provided a written Opportunity to Improve (OTIperformance requirement(s) or standard(s) that affords must be attained in order to demonstrate acceptable performance. The PIP will state that unless performance in a critical element(s) improves and is sustained at an acceptable level for a minimum period of one year from the date the employee was placed on the PIP, the employee may be reduced in grade, reassigned or removed from Federal service. c. The improvement plan will afford the employee a reasonable opportunity of 45-90 days, depending on the position, to improve resolve the identified performance-related issues. During this period, any performance-related personnel action, e.g. Within Grade Increase (normally WIGl)/Career Ladder Promotion, will be delayed until such time as the employee meets the fully-successful level of performance or at the conclusion of the PIP period and a minimum determination has been made that the employee is performing at the fully successful level. d. The improvement plan will be tailored to the specific needs of ninety [90] calendar days) prior the employee and the position, and may include formal training,on-the-job training, and designation of mentor by the supervisor in the supervisor’s absence, and weekly counseling with the supervisor. e. The improvement plan will state the supervisor or mentor will be available to initiation guide, coach, and otherwise assist the employee in reaching "Fully Successful" performance. Employees may recommend additional assistance which they believe will assist them in reaching the fully successful level. f. The purpose of any demotion the performance improvement period is to help the employee improve, rather than for the rater official to accumulate documentation as the basis for a future performance-related adverse action. If following·the performance improvement period,the rating officialisunableto makean assessment that the employee is successfully performing his/her critical job duties and responsibilities, the rating officialwill informthe employee, in writing, that it is extending the PIP for a determined length of time g. If the employee fails to satisfactorily complete the PIP, an employee whose reduction in grade or removal action based upon unacceptable performance. The OTI will explain that initiation of action to demote or remove may begin if the Employee’s performance fails to improve in accordance with the OTI. This OTI shall identify the assistance that will be provided to the Employee during the opportunity to improve period. Such assistance may include training, counseling, coaching, setting short-term specific job assignments and goals, and regularly scheduled supervisory conferences. B. After the end of the OTI period, if the Employee’s performance is determined to be “Fully Successful” the OTI will be ended. If the Employee’s performance is not successful after ninety (90) days but the Employee has demonstrated significant improvement in performance, management will consider extending the opportunity to improve period for another thirty (30) days. C. If action proposed for unacceptable performance is necessary, prior entitled to proposing removal or demotion of the Employee, management may, but is not required to, consider reassigning the Employee to an available vacant position for which the Employee qualifies and which the Employee can reasonably be expected to perform at the “Fully Successful” level with a minimum of training. D. Action to demote or remove an Employee for unacceptable performance will be initiated by a thirty (30) day notice to the Employee. At a minimum, the notice will includeall rights listed in Title 5: 1. The Nature of the Proposed Action. 2. Identification of the Performance Element(s), which the Employee failed to meet. 3. A Specific Explanation of the Performance that is the basis for the action. 4. The Employee’s right to respond verbally and in writing within ten (10) workdays. Extensions for good cause will be granted. 5. The Employee’s right to be represented.

Unacceptable Performance. A. a. At any time, during the rating cycle, that an employee’s performance declines, supervisors will engage with the employee to reemphasize the standards and provide guidance on improvement. If the employee’s performance continues to decline and becomes unacceptable, management will comply with 5 CFR, Chapter 432 in the execution, and implementation of a Performance Improvement Plan (PIP). PIPs shall adhere to the policy as stated in the XxXX 1400.25, Section 3.0 and HR Guidance (HR17-14). b. The Employer agrees to abide by improvement plan will identify the following procedures critical element(s) for Employees who have successfully completed a probationary period in their current position but have been determined to be performing unacceptably with regard to one or more critical elements which performance is unacceptable and inform the employee of the position. Such Employees will be provided a written Opportunity to Improve (OTIperformance requirement(s) or standard(s) that affords must be attained in order to demonstrate acceptable performance. The PIP will state that unless performance in a critical element(s) improves and is sustained at an acceptable level for a minimum period of one year from the date the employee was placed on the PIP, the employee may be reduced in grade, reassigned or removed from Federal service. c. The improvement plan will afford the employee a reasonable opportunity of 45-90 days, depending on the position, to improve resolve the identified performance-related issues. During this period, any performance-related personnel action, e.g. Within Grade Increase (normally WIGl)/Career Ladder Promotion, will be delayed until such time as the employee meets the fully-successful level of performance or at the conclusion of the PIP period and a minimum determination has been made that the employee is performing at the fully successful level. d. The improvement plan will be tailored to the specific needs of ninety [90] calendar days) prior the employee and the position, and may include formal training, on-the-job training, and designation of mentor by the supervisor in the supervisor’s absence, and weekly counseling with the supervisor. e. The improvement plan will state the supervisor or mentor will be available to initiation guide, coach, and otherwise assist the employee in reaching "Fully Successful" performance. Employees may recommend additional assistance which they believe will assist them in reaching the fully successful level. f. The purpose of any demotion the performance improvement period is to help the employee improve, rather than for the rater official to accumulate documentation as the basis for a future performance-related adverse action. If following the performance improvement period, the rating official is unable to make an assessment that the employee is successfully performing his/her critical job duties and responsibilities, the ratingofficial will inform the employee, in writing, that it is extending the PIP for a determined length of time g. If the employee fails to satisfactorily complete the PIP, an employee whose reduction in grade or removal action based upon unacceptable performance. The OTI will explain that initiation of action to demote or remove may begin if the Employee’s performance fails to improve in accordance with the OTI. This OTI shall identify the assistance that will be provided to the Employee during the opportunity to improve period. Such assistance may include training, counseling, coaching, setting short-term specific job assignments and goals, and regularly scheduled supervisory conferences. B. After the end of the OTI period, if the Employee’s performance is determined to be “Fully Successful” the OTI will be ended. If the Employee’s performance is not successful after ninety (90) days but the Employee has demonstrated significant improvement in performance, management will consider extending the opportunity to improve period for another thirty (30) days. C. If action proposed for unacceptable performance is necessary, prior entitled to proposing removal or demotion of the Employee, management may, but is not required to, consider reassigning the Employee to an available vacant position for which the Employee qualifies and which the Employee can reasonably be expected to perform at the “Fully Successful” level with a minimum of training. D. Action to demote or remove an Employee for unacceptable performance will be initiated by a thirty (30) day notice to the Employee. At a minimum, the notice will includeall rights listed in Title 5: 1. The Nature of the Proposed Action. 2. Identification of the Performance Element(s), which the Employee failed to meet. 3. A Specific Explanation of the Performance that is the basis for the action. 4. The Employee’s right to respond verbally and in writing within ten (10) workdays. Extensions for good cause will be granted. 5. The Employee’s right to be represented.

Unacceptable Performance. A. The Employer agrees to abide by If the following procedures for Employees who have successfully completed a probationary period in their current position but have been determined to be performing unacceptably supervisor determines that the employee’s performance is unacceptable, the supervisor will discuss the matter as soon as possible with regard to one or more critical elements of the position. Such Employees will be provided a written Opportunity to Improve (OTI) that affords a reasonable opportunity to improve (normally a minimum of ninety [90] calendar days) prior to initiation of any demotion or removal action based upon unacceptable performanceemployee. The OTI will explain that initiation of action to demote or remove may begin if the Employee’s performance fails to improve in accordance with the OTI. This OTI supervisor shall identify the specific problem areas and suggest methods of improvement. The supervisor will provide whatever assistance that will be provided is necessary to the Employee during employee and will continually keep the opportunity to improve period. Such assistance may include training, counseling, coaching, setting short-term specific job assignments and goals, and regularly scheduled supervisory conferences. B. After the end employee apprised of the OTI periodprogress which is being made. Prior to initiating a removal proposal, if the Employee’s performance is determined employer will give reasonable consideration to be “Fully Successful” the OTI will be ended. If the Employee’s performance is not successful after ninety (90) days but the Employee has demonstrated significant improvement in performance, management will consider extending the opportunity identifying vacancies for reassignment and/or change to improve period for another thirty (30) days. C. If action for unacceptable performance is necessary, prior to proposing removal or demotion of the Employee, management may, but is not required to, consider reassigning the Employee to an available vacant position lower grade for which the Employee qualifies and which the Employee can reasonably employee could be expected to perform at the “Fully Successful” fully successful level with a minimum of training. D. Action (1) In the event the supervisor determines that the employee’s performance continues to demote or remove an Employee for be unacceptable the supervisor will provide written notice to the employee informing the employee: (i) of the specific instances of unacceptable performance by the employee; (ii) of the critical elements of the employee’s position involved in each instance of unacceptable performance; (iii) that the employee has not less than a 60-day period to bring performance to a satisfactory level; (iv) how the supervisor will assist the employee in that effort; (v) what the employee must do to bring performance to a satisfactory level during the period and what the required level of performance will be, and how the level of performance will be initiated by a thirty measured and evaluated, in detail, including an explanation of all sampling methods and/or statistical measurements that will be employed, if appropriate; (30vi) day notice to that the Employee. At a minimumemployee’s performance will be reevaluated at the end of the period. (2) After the performance improvement period, if it is determined that the employee should be removed or reduced in grade, the notice will includeemployee is entitled a 30 days advance written letter which: 1. The Nature (i) Specifies the instances of unacceptable performance by the employee on which the reduction in grade or removal is based; (ii) Specifies the critical elements of the Proposed Action.employee’s position involved in each instance of unacceptable performance; 2. Identification of the Performance Element(s), which the Employee failed to meet. 3. A Specific Explanation of the Performance that is the basis for the action. 4. (iii) The Employee’s right to respond verbally and in writing within ten (10) workdays. Extensions for good cause will be granted. 5. The Employee’s right to be representedrepresented by an attorney or other representative of his/her choice; and (iv) A reasonable time (at least 15 calendar days) to answer orally and/or in writing. (3) Should the proposal to remove or reduce in grade be sustained, the employee will receive a written decision.

Unacceptable Performance. A. The Employer agrees to abide by Performance which is below the following procedures for Employees who have successfully completed a probationary period in their current position but have been determined to be performing unacceptably with regard to Fully Successful level (or is at any future defined level of unacceptable performance) on one or more critical elements of is Unacceptable. B. When performance is Unacceptable the position. Such Employees will be provided a written Opportunity to Improve (OTI) that affords supervisor must notify the employee in writing and allow the employee a reasonable opportunity period to improve demonstrate acceptable performance before taking any performance-based action taken under Chapter 43 (normally a minimum of ninety [90] calendar days) prior to initiation of any demotion or removal action based upon unacceptable performance. 5 U.S.C. 4300). C. The OTI will explain that initiation of action to demote or remove may begin if the Employee’s performance fails to improve in accordance with the OTI. This OTI shall identify the assistance that will be provided PIP Notice to the Employee during employee will: (1) Identify the opportunity to improve period. Such assistance may include training, counseling, coaching, setting short-term specific job assignments and goals, and regularly scheduled supervisory conferences.critical element(s) for which performance is Unacceptable; B. After (2) Inform the end employee of the OTI period, if the Employee’s performance is determined standards that must be reached in order to be “Fully Successful” retained in the OTI will be ended. If position; (3) Give the Employee’s performance is not successful after employee a reasonable opportunity of at least ninety (90) days but to demonstrate acceptable performance; and (4) Detail any active and appropriate assistance to help the Employee has demonstrated significant improvement employee improve the employee’s performance. This assistance may consist of closer supervision, counseling, guidance, formal training, or other assistance as determined by the supervisor. D. If at the conclusion of the PIP period the employee's performance is still Unacceptable, and Management determines to propose to reduce the employee in grade, or remove the employee from service, the employee is entitled to: (1) Thirty (30) calendar days' advance written notice of the proposed action specifying instances of unacceptable performance on which the proposed action is based, the critical element(s) involved in each instance of unacceptable performance, management will consider extending and, if a performance appraisal has been prepared, a copy of the opportunity performance appraisal. (2) Notification that the employee has the right to improve reply to the proposal verbally and/or in writing and to be represented by the Union (or by another representative, including an attorney); (3) A reasonable period of time for another the employee to answer verbally and/or in writing. Normally the time allowed should not be less than fifteen (15) calendar days following the date the employee receives the notice; and (4) A written decision issued at least thirty (30) dayscalendar days after the notice of proposed action that specifies the instances of unacceptable performance on which the action is based. C. E. The deciding official may extend the notice period at their discretion. At the discretion of the deciding official, if the employee’s performance improves to a Fully Successful level between the proposed action and decision, then the employee will not be reduced in grade or removed. F. If action the employee's performance continues to be Fully Successful or higher for one year from the PIP determination, any entry or other notation of the unacceptable performance is necessary, prior to proposing removal or demotion of the Employee, management may, but is not required to, consider reassigning the Employee to an available vacant position for which the Employee qualifies and which action was proposed under this section shall be removed from any Agency record relied upon to rate to the Employee can reasonably be expected to perform at the “Fully Successful” level with a minimum of trainingemployee. D. Action G. If the employee's performance does not continue to demote or remove an Employee be at least Fully Successful for unacceptable performance will be initiated by a thirty (30) day notice to one year from the Employee. At a minimumPIP determination, the notice will include: 1. The Nature of the Proposed Actionsupervisor may propose reduction in grade or removal without another PIP opportunity. 2. Identification of the Performance Element(s), which the Employee failed to meet. 3. A Specific Explanation of the Performance that is the basis for the action. 4. The Employee’s right to respond verbally and in writing within ten (10) workdays. Extensions for good cause will be granted. 5. The Employee’s right to be represented.

Unacceptable Performance. A. The Employer agrees to abide by Performance which is below the following procedures for Employees who have successfully completed a probationary period in their current position but have been determined to be performing unacceptably with regard to minimally satisfactory level (or is at any future defined level of unacceptable performance) on one or more critical elements is unacceptable. B. When performance is unacceptable the supervisor must notify the employee in writing and allow the employee a reasonable opportunity period to demonstrate acceptable performance before taking any performance based action. C. This notice to the employee will: 1. Identify the critical element(s) for which performance is unacceptable; 2. Inform the employee of the performance standards that must be reached in order to be retained in the position; 3. Such Employees will be provided a written Opportunity to Improve (OTI) that affords Give the employee a reasonable opportunity to improve (normally a minimum of ninety [90] calendar days) prior to initiation of any demotion or removal action based upon unacceptable demonstrate acceptable performance; and 4. The OTI will explain that initiation of action to demote or remove may begin if the Employee’s performance fails to improve in accordance with the OTI. This OTI shall identify Indicate the assistance that will be provided to the Employee during provided. D. During the opportunity period, the supervisor will provide active and appropriate assistance to help the employee improve periodher or his performance. Such This assistance may include trainingconsist of closer supervision, counseling, coachingguidance, setting short-term specific job assignments and goalsformal training, or other assistance as determined by the supervisor. E. If at the conclusion of the opportunity period the employee's performance is still unacceptable, and regularly scheduled supervisory conferences. B. After Management determines to propose to reduce the end of the OTI periodemployee in grade, if the Employee’s performance is determined to be “Fully Successful” the OTI will be ended. If the Employee’s performance is not successful after ninety (90) days but the Employee has demonstrated significant improvement in performance, management will consider extending the opportunity to improve period for another thirty (30) days. C. If action for unacceptable performance is necessary, prior to proposing removal or demotion of the Employee, management may, but is not required to, consider reassigning the Employee to an available vacant position for which the Employee qualifies and which the Employee can reasonably be expected to perform at the “Fully Successful” level with a minimum of training. D. Action to demote or remove an Employee for unacceptable performance will be initiated by a thirty (30) day notice to the Employee. At a minimumemployee from service, the notice will includeemployee is entitled to: 1. The Nature Thirty calendar days' advance written notice of the Proposed Actionproposed action specifying instances of unacceptable performance on which the proposed action is based, the critical element(s) involved in each instance of unacceptable performance, and, if a performance appraisal has been prepared, a copy of the performance appraisal. 2. Identification of Notification that the Performance Element(semployee has the right to reply to the proposal verbally and/or in writing and to be represented by the Union (or by another representative, including an attorney), which the Employee failed to meet.; 3. A Specific Explanation reasonable period of the Performance that is the basis time for the action.employee to answer verbally and/or in writing. Normally the time allowed should not be less than 15 calendar days following the date the employee receives the notice; and 4. The Employee’s right to respond verbally and in writing within ten (10) workdays. Extensions for good cause will be grantedA written decision that specifies the instances of unacceptable performance on which the action is based. 5F. Management must issue its written final decision no later than 30 calendar days after the expiration of the notice period. The Employee’s right to be representeddeciding official may extend the notice period by no more than 30 additional calendar days.

Unacceptable Performance. A. The Employer agrees to abide by the following procedures for Employees who have successfully completed (a) Whenever a probationary period in their current position but have been determined supervisor concludes that an employee’s performance is not acceptable and would cause one or more performance elements to be performing unacceptably rated at the “unacceptable” level, the supervisor shall: (1) meet with regard the employee to perform a progress review and to specifically describe how the employee’s work achievement is falling short of performance expectations, as well as what the employee needs to do bring his or her performance up to the “successful” level. (2) discuss what guidance or assistance will be provided to the employee in order to bring his or her performance up to the “successful” level. (3) advise the employee of specific deficiencies observed in the specific performance element(s) and the standard(s) associated with the element(s); (4) provide the employee with a full opportunity to explain the observed deficiencies; and (5) prepare a memorandum to the file summarizing the above discussions. The employee shall be provided a copy. (b) After the oral notice in paragraph a, if an employee is still “Unacceptable” for one or more critical elements on the rating of record, the position. Such Employees will be provided Rating Official shall provide to the employee a written Opportunity to Improve Performance Improvement Plan (OTIPIP) that affords a reasonable and an opportunity to improve (normally a minimum of ninety [90] calendar days) prior to initiation of any demotion or removal action based upon unacceptable performance. The OTI will explain that initiation of action to demote or remove may begin if the Employee’s raise his/her performance fails to improve in accordance with the OTI. This OTI shall identify the assistance that will be provided to the Employee during the opportunity to improve period“Successful” level. (c) The performance improvement period must be no less than thirty (30) calendar days in duration, but is typically sixty (60)-ninety (90) calendar days in length. Such assistance may include Formal training, on- the-job training, counseling, coaching, setting short-term specific job assignments and goalscloser supervision shall be used separately or in combination to address unacceptable performance, and regularly scheduled supervisory conferencesshould be addressed in the PIP. Depending on the circumstances, a detail may also be viable as an option. B. After (d) If, at the end conclusion of the OTI formal opportunity-to-improve period, if the Employee’s performance is determined improves to be the “Fully Successful” level, a new performance appraisal record must be prepared reflecting the OTI will be endedimproved performance. If the Employee’s Conversely, if performance is has not successful after ninety (90) days but the Employee has demonstrated significant improvement in performance, management will consider extending the opportunity improved to improve period for another thirty (30) days. C. If action for unacceptable performance is necessary, prior to proposing removal or demotion of the Employee, management may, but is not required to, consider reassigning the Employee to an available vacant position for which the Employee qualifies and which the Employee can reasonably be expected to perform at the “Fully Successful” level with level, the employee shall be given a minimum rating of training. D. Action “Unacceptable”, and action shall be initiated to demote reassign, reduce in grade, or remove an Employee for unacceptable performance will be initiated by a thirty (30) day notice to the Employee. At a minimum, the notice will include: 1. The Nature of the Proposed Actionemployee. 2. Identification of the Performance Element(s), which the Employee failed to meet. 3. A Specific Explanation of the Performance that is the basis for the action. 4. The Employee’s right to respond verbally and in writing within ten (10) workdays. Extensions for good cause will be granted. 5. The Employee’s right to be represented.

Unacceptable Performance. A. Section A: This Article applies only to Bargaining Unit employees who have completed their probationary or trial period, except to the extent prohibited by laws. Section B: Prior to issuing a notice of proposed action based on unacceptable performance, management will issue a letter to the employee that contains the following: (1) an identification of the critical elements and performance standards for which performance is unacceptable; (2) a performance improvement plan (PIP) to attempt to bring the employee performance up to an acceptable level; (3) a statement that the employee has a reasonable period of time (specified in calendar days), not less than 90 days in which to bring performance up to an acceptable level; (4) a description of what Management will do to assist the employee to improve the allegedly unacceptable performance during the performance improvement period; and (5) a meeting time and date to discuss the performance improvement plan with the employee. The Employer agrees Union will not grieve either the substance or procedural aspects of this notice until a final decision is issued. When an employee meets the requirements of the PIP this process ends. Section C: Management will consider lateral reassignment of an employee based on unacceptable performance before it acts to abide reduce in grade or remove an employee for unacceptable performance. Section D: In all cases of proposed action based on unacceptable performance, the employee will be given 30 calendar days advance written notice of the reasons and specifications of unacceptable performance on which the proposed action is based. (1) specific instances of unacceptable performance by the following procedures for Employees who have successfully completed employee on which the proposed action is based; (2) the critical element(s) of the employee's position involved in each specification of unacceptable performance; (3) the performance standard(s) of the employee's position involved in each specification of unacceptable performance; (4) a probationary period in their current position but have been determined statement of the employee's right to be performing unacceptably with regard to one represented by an attorney or more critical elements representative; (5) a statement of the positionemployee's right to answer orally and/or in writing; and (6) a statement of the employee's right to review the material relied upon to support the reasons and specifications in the notice. Such Employees The employee will be provided a written Opportunity given the opportunity, but will not be obliged, to Improve (OTI) that affords a reasonable opportunity respond orally and/or in writing to improve (normally a minimum of ninety [90] calendar days) Management prior to initiation a decision on the reasons and specifications for the proposed action. Any written response by the employee must be provided within 15 calendar days of any demotion the receipt of the letter of proposed action. The employee has a right to request an extension of an additional 15 days to respond, subject to the agreement of Management. Section E: The Reviewing Official will set forth findings with respect to each reason and specification for or removal against the employee in the final decision letter. The final decision and subsequent action to either remove or downgrade an employee because of unacceptable performance will be completed no later than 30 calendar days after the expiration of the advance notice period, and will be based only on those instances of unacceptable performance by the employee which occurred during the one-year period ending on the date of the advance notice letter. In taking an action based upon on unacceptable performance. The OTI will explain that initiation of action to demote or remove may begin if the Employee’s performance fails to improve in accordance with the OTI. This OTI shall identify the assistance that will be provided to the Employee during the opportunity to improve period. Such assistance may include training, counseling, coaching, setting short-term specific job assignments and goals, and regularly scheduled supervisory conferences. B. After the end of the OTI period, if the Employee’s performance is determined to be “Fully Successful” the OTI will be ended. If the Employee’s performance is not successful after ninety (90) days but the Employee has demonstrated significant improvement in performance, management will consider extending the opportunity employee's performance during the performance improvement period. Any entry or other notification of the unacceptable performance shall be removed from any agency record relating to improve period the employee upon completion of an acceptable level of performance earned during the performance improvement period, coupled with a continued acceptable level of performance for another thirty (30) daysone year thereafter. C. If action for unacceptable performance is necessarySection F: An employee will, prior upon request, be furnished a copy of that portion of all written documents which contains evidence relied on by Management to proposing removal or demotion of the Employee, management may, but is not required to, consider reassigning the Employee to an available vacant position for which the Employee qualifies and which the Employee can reasonably be expected to perform at the “Fully Successful” level with a minimum of training. D. Action to demote or remove an Employee for unacceptable performance will be initiated by a thirty (30) day notice to the Employee. At a minimum, the notice will include: 1. The Nature of the Proposed Action. 2. Identification of the Performance Element(s), which the Employee failed to meet. 3. A Specific Explanation of the Performance that is form the basis for the reasons and specifications for the action. If the action is based on an investigative report, portions of all written documents from the investigative report which directly relate to the specifications and are favorable to the employee will be furnished to the employee upon request. If probable cause exists and is demonstrated to the arbitrator by the Union on appeal that favorable information provided for in this section has not been furnished by Management, upon request of the arbitrator the report will be furnished for an "in camera" inspection to be made in conformity with the Privacy Act (5 U.S.C. 552a). 4Section G: If Management’s final decision is to effect an action based on unacceptable performance against a bargaining unit employee, the employee may appeal the decision to the Merit Systems Protection Board (MSPB) in accordance with applicable law or, with the consent of the Union, submit the decision to binding arbitration. The Employee’s right Under no condition may an employee appeal an action based on unacceptable performance to respond verbally both MSPB and in writing within ten (10) workdays. Extensions for good cause will be grantedarbitration. 5. The EmployeeSection H: With the employee's written concurrence, Management will provide the Union copies of the employee’s right unacceptable performance action proposal and decision letters at the same time as their issuance to be representedthe employee.

Unacceptable Performance. A. a. At any time, during the rating cycle, that an employee’s performance declines, supervisors will engage with the employee to reemphasize the standards and provide guidance on improvement. If the employee’s performance continues to decline and becomes unacceptable, management will comply with 5 CFR, Chapter 432 in the execution, and implementation of a Performance Improvement Plan (PIP). PIPs shall adhere to the policy as stated inthe XxXX 1400.25, Section 3.0 and HR Guidance (HR17-14). b. The Employer agrees to abide by improvement plan will identify the following procedures critical element(s) for Employees who have successfully completed a probationary period in their current position but have been determined to be performing unacceptably with regard to one or more critical elements which performance is unacceptable and inform the employee of the position. Such Employees will be provided a written Opportunity to Improve (OTIperformance requirement(s) or standard(s) that affords must be attained in order to demonstrate acceptable performance. The PIP will state that unless performance in a critical element(s) improves and is sustained at an acceptable level for a minimum period of one year from the date the employee was placed on the PIP,the employee may be reduced in grade, reassigned or removed from Federal service. c. The improvement plan will afford the employee a reasonable opportunity of 45-90 days, depending on the position, to improve resolve the identified performance-related issues. Duringthis period, any performance-related personnel action, e.g. Within Grade Increase (normally WIGl)/Career Ladder Promotion, will be delayed until such time as the employee meets the fully-successful level of performance or at the conclusion of the PIP period and a minimum determination has been made that the employee is performing at the fully successful level. d. The improvement plan will be tailored to the specific needs of ninety [90] calendar days) prior the employee and the position, and may include formal training,on-the-job training, and designation of mentor by the supervisor in the supervisor’s absence, and weekly counseling with the supervisor. e. The improvement plan will state the supervisor or mentor will be available to initiation guide, coach, and otherwise assist the employee in reaching "Fully Successful" performance. Employees may recommend additional assistance which they believe will assist them in reaching the fully successful level. f. The purpose of any demotion the performance improvement period is to help the employee improve, rather than for the rater official to accumulate documentation as the basis for a future performance-related adverse action. If following·the performance improvement period,the ratingofficial isunabletomake an assessment that the employee is successfully performing his/her critical job duties and responsibilities, the ratingofficialwill informtheemployee, in writing, that it is extending the PIP for a determined length of time g. If the employee fails to satisfactorily complete the PIP, an employee whose reduction in grade or removal action based upon unacceptable performance. The OTI will explain that initiation of action to demote or remove may begin if the Employee’s performance fails to improve in accordance with the OTI. This OTI shall identify the assistance that will be provided to the Employee during the opportunity to improve period. Such assistance may include training, counseling, coaching, setting short-term specific job assignments and goals, and regularly scheduled supervisory conferences. B. After the end of the OTI period, if the Employee’s performance is determined to be “Fully Successful” the OTI will be ended. If the Employee’s performance is not successful after ninety (90) days but the Employee has demonstrated significant improvement in performance, management will consider extending the opportunity to improve period for another thirty (30) days. C. If action proposed for unacceptable performance is necessary, prior entitled to proposing removal or demotion of the Employee, management may, but is not required to, consider reassigning the Employee to an available vacant position for which the Employee qualifies and which the Employee can reasonably be expected to perform at the “Fully Successful” level with a minimum of training. D. Action to demote or remove an Employee for unacceptable performance will be initiated by a thirty (30) day notice to the Employee. At a minimum, the notice will includeall rights listed in Title 5 : 1. The Nature of the Proposed Action. 2. Identification of the Performance Element(s), which the Employee failed to meet. 3. A Specific Explanation of the Performance that is the basis for the action. 4. The Employee’s right to respond verbally and in writing within ten (10) workdays. Extensions for good cause will be granted. 5. The Employee’s right to be represented.

Unacceptable Performance. A. The Employer agrees to abide by Performance which is below the following procedures for Employees who have successfully completed a probationary period in their current position but have been determined to be performing unacceptably with regard to minimally satisfactory level (or is at any future defined level of unacceptable performance) on one or more critical elements is unacceptable. Reduction in grade and removal because of unacceptable performance are taken under the authority of 5 U.S.C. 4303 and 5 CFR Part 432 or 5 U.S.C. Chapter 75 and 5 CFR Part 752. When performance is unacceptable the supervisor will first allow the employee a reasonable opportunity period to demonstrate acceptable performance before taking any performance based action under 5 U.S.C. 4303 and 5 CFR Part 432. The supervisor must notify the employee in writing that she or he believes that the employee's performance has reached an unacceptable level and that the employee will be given an opportunity to improve her or his performance. This notice: Identifies the critical element(s) for which performance is unacceptable; Informs the employee of the performance standards that must be reached in order to be retained in the position. Such Employees will be provided a written Opportunity to Improve (OTI) that affords ; Gives the employee a reasonable opportunity to improve (normally a minimum of ninety [90] calendar days) prior to initiation of any demotion or removal action based upon unacceptable demonstrate acceptable performance. The OTI will explain that initiation of action to demote or remove may begin if the Employee’s performance fails to improve in accordance with the OTI. This OTI shall identify ; and Indicates the assistance that will be provided to the Employee during provided. During the opportunity period, the supervisor will provide active and appropriate assistance to help the employee improve periodher or his performance. Such This assistance may include trainingconsist of closer supervision, counseling, coachingguidance, setting short-term specific job assignments and goalsformal training, or other assistance as determined by the supervisor. If at the conclusion of the opportunity period the employee's performance is still unacceptable, and regularly scheduled supervisory conferences. B. After Management determines to propose to reduce the end employee in grade, or remove the employee from service, the employee is entitled to: Thirty calendar days' advance written notice of the OTI periodproposed action specifying instances of unacceptable performance on which the proposed action is based, the critical element(s) involved in each instance of unacceptable performance, and, if a performance appraisal has been prepared, a copy of the Employee’s performance is determined appraisal on NA Form 3021; Notification that the employee has the right to reply to the proposal orally and/or in writing and to be “Fully Successful” represented by the OTI will Union (or by another representative, including an attorney); A reasonable period of time for the employee to answer orally and/or in writing. Normally the time allowed should not be ended. If less than 15 calendar days following the Employee’s performance is not successful after ninety (90) days but date the Employee has demonstrated significant improvement in performance, management will consider extending employee receives the opportunity to improve period for another thirty (30) days. C. If action for notice; and A written decision which specifies the instances of unacceptable performance on which the action is necessary, prior to proposing removal or demotion based. Management must issue its written final decision no later than 30 days after the expiration of the Employee, management may, but is not required to, consider reassigning notice period. The deciding official may extend the Employee notice period by no more than 30 additional days. A decision to an available vacant position for which the Employee qualifies remove or reduce in grade under 5 U.S.C. 4303 and which the Employee can reasonably 5 CFR Part 432 must be expected to perform at the “Fully Successful” level with a minimum based on instances of training. D. Action to demote or remove an Employee for unacceptable performance will be initiated by a thirty (30) day notice to which occurred during the Employee. At a minimum, one-year period ending on the date of the notice will include: 1. The Nature of the Proposed Action. 2. Identification of the Performance Element(s), which the Employee failed to meet. 3. A Specific Explanation of the Performance that is the basis for the proposed action. 4. The Employee’s right to respond verbally and in writing within ten (10) workdays. Extensions for good cause will be granted. 5. The Employee’s right to be represented.