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Article 17 Reduction in Grade or Removal Based on Unacceptable Performance
Posted On: Oct 29, 2013

Article 17

Reduction in Grade or Removal Based on Unacceptable Performance

Section 1. Employees Covered

This Article applies to all bargaining unit employees except those excluded in 5 CFR

432.102(f).

Section 2. Initial Procedures

a. At any time during the performance appraisal cycle that an employee’s

performance becomes unacceptable in one (1) or more critical elements,

Management shall inform the employee as provided in Article 14 of this

Agreement. Management should also inform the employee that unless his

or her performance in the critical element(s) improves to and is sustained at

an acceptable level, as defined in 5 CFR 432, the employee may be reduced

in grade or removed.

b. The employee will be afforded a reasonable opportunity to demonstrate

acceptable performance in accordance with Article 14 of this Agreement.

Section 3. Notice of Proposed Action

An employee will be given written notice of a proposed reduction in grade or

removal based on unacceptable performance at least 30 calendar days in advance

of the proposed action. The employee has a right to representation and will be

given the opportunity to respond orally and/or in writing to the proposed action

prior to a decision. The notice will state a reasonable time, not less than seven (7)

calendar days, by which the employee’s reply(ies) to the notice of proposal must

be made. The notice will also include a statement that the employee is entitled to

representation, including representation by Local 12, and will include the name and

telephone number of the Local 12 Agency Vice President/Chief Steward in the

employee’s Agency. When Management issues a notice of the proposed action

under this Article, it will notify Local 12 of the nature of the proposed action and

the employee’s Agency.

Section 4. Employee Right to Review Material

An employee or his or her representative has the right to review all relevant

documentation (including the notice of reduction in grade or removal) as may be

relied upon in support of a proposed or final action based on unacceptable

performance.

Section 5. Appeal Rights

a. Except in cases where there is an allegation of discrimination on the basis of

race, color, religion, sex, national origin, age, or disability in connection with

the action, an employee covered by this Article may appeal an action taken

under this Article through the negotiated grievance procedure or to the

Merit Systems Protection Board (MPSB), but not both. The employee shall

be deemed to have exercised his or her option to raise the matter under

either the negotiated grievance procedure or the MSPB procedure at such

time as the employee files a grievance or an appeal with the MSPB.

b. In cases where there is an allegation of discrimination on the basis of race,

color, religion, sex, national origin, age, or disability in connection with the

action, an employee covered by this Article may appeal an action taken

under this Article through the negotiated grievance procedure, to the MSPB,

or through the Equal Employment Opportunity (EEO) complaint procedure.

An employee who has elected to pursue the matter through the EEO

complaint procedure or the MSPB appeal procedure may not appeal the

matter through the negotiated grievance procedure. The employee shall be

deemed to have elected the forum under which he/she wishes to proceed at

the time he/she files a grievance, an appeal with the MSPB, or a formal EEO

complaint.


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