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Banner which reads Labor-Management Relations, Index of Decisions ( July 1, 1997 - December 31, 1998)


PERFORMANCE


Department of the Army, Headquarters 10th Mountain Division and Fort Drum, Fort Drum, New York and Local 400, American Federation of Government Employees, AFL-CIO, Case No. 97 FSIP 94, January 2, 1998 (Release No. 405).

The AGENCY proposed the following:

Section 10: Improving Performance

C.   The Employer agrees to assist Employees in improving performance and to provide them reasonable opportunity to demonstrate acceptable performance. The first steps taken are corrective in nature and include counseling sessions. One of these counseling sessions will be in writing notifying the Ratee in writing that performance is unacceptable, identifying both the specific deficiency(s) and the documented responsibilities/objectives/standards which the Ratee failed to perform at an acceptable level. Raters are encouraged to provide the Ratee available documentation to illustrate the specific performance deficiency. Other corrective steps may include constructive assistance, remedial training appropriate to the situation and closer supervision, as appropriate. The Employer agrees to use these steps to assist Employees in performance improvement prior to taking other appropriate actions.

The UNION proposed the following:

Section 9: Counseling

F.   The Ratee will be considered to be at a minimum of a fully successful rating if no midpoint counseling was performed or if the Employee was not made aware of perceived performance problems and given sufficient opportunity to correct them prior to the end of the rating period.

G.   Counselings will be recorded on the performance plan and entries will be initialed by both the Rater and Ratee. Counseling related to needs improvement or fails must be based on documented evidence which illustrates the deficiency(ies). The Rater will show the Ratee enough documentation to explain why it is a concern and to more fully explain the requirements to which it is holding the Ratee accountable. Copies of documentation, if requested, will be provided to the Ratee.

Section 10: Improving Performance

A.   The Employer agrees to assist Employees in improving performance and to provide them reasonable opportunity to demonstrate acceptable performance. The first steps taken are corrective in nature and include counseling sessions. One of these counseling sessions will be in writing notifying the Ratee in writing that performance is unacceptable, identifying both the specific deficiency(s) and the documented responsibilities/objectives/standards which the Ratee failed to perform at an acceptable level. Raters are encouraged to provide the Ratee available documentation to illustrate the specific performance deficiency. Other corrective steps may include constructive assistance, remedial training appropriate to the situation and closer supervision, as appropriate. The Employer agrees to use these steps to assist Employees in performance improvement prior to taking other appropriate actions. An Employee may be rated Unsatisfactory only after a ninety (90) day advance warning and after a reasonable opportunity to demonstrate satisfactory performance. A performance rating of Unsatisfactory is a basis for removal from the position in which the performance was unsatisfactory.

The PANEL ordered the parties to adopt the AGENCY's final offer.

Department of the Air Force, Langley Air Force Base, Langley AFB, Virginia and Local R4-26, National Association of Government Employees, SEIU, AFL-CIO, Case No. 98 FSIP 146, December 4, 1998 (Release No. 415).

The AGENCY proposed the following:

Each employee, based on their performance, will receive an annual performance award if the agency meets the Air Combat command (ACC) goal. If management does not meet [the] ACC goal, performance awards will be at the election of the agency.

The UNION proposed the following:

Each employee, based on their performance, will receive an annual performance award which will be a lump sum amount of the following percentages:

Satisfactory
Very Good
Outstanding
-
-
-
0 percent
1-2 percent
1.5-4 percent.

The PANEL ordered the parties to adopt the following compromise solution to their dispute:

Within budgetary constraints, each employee, based on their performance, will receive an annual performance award which will be a lump sum amount of the following percentages of their base pay earned during the applicable year:

Satisfactory
Very Good
Outstanding
-
-
-
0 percent
1-2 percent
1.5-4 percent.


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