Section 1. General

Pursuant to 5 U.S.C. 5335, an employee is entitled to receive a within-grade increase subject to completion of the appropriate waiting period and a determination that the employee's work is of an acceptable level of competence. Such determination will be made in accordance with applicable law and regulation.

Section 2. Advance Notice

The supervisor will provide the employee with a copy of the level of competence certification at the time the supervisor receives it to serve as notice that the WIGI is due.

Section 3. When Performance is Less than Acceptable

A. The basis for a determination of acceptable level of competence will be the employee's rating of record.

B. When the supervisor believes that the employee's work is not "acceptable," the supervisor shall follow the provisions of the Performance Management System Article.

C. When an employee's WIGI is withheld, he/she shall be provided with an opportunity to improve as provided for in Performance Management System Article.

Section 4. Negative Determination

A. When a determination is made that an employee's work is not an acceptable level of competence (negative determination), the employee will be notified in writing, as soon as possible after completion of the waiting period:

1. Of the basis for the negative determination;

2. Of the employee's right to secure reconsideration of the negative determination; and

3. Of the time limits within which the employee may request reconsideration.

B. Employees in the bargaining unit may be represented by Local 2419 at any stage of the reconsideration process.

Section 5. Withholding a Within-Grade Increase

A. After a within-grade increase has been withheld, the Employer will grant the within-grade increase at any time after he determines that the employee has demonstrated sustained performance at an acceptable level of competence.

B. After withholding a within-grade increase, the immediate supervisor shall determine, at a minimum, whether the employee's performance is at an acceptable level of competence after twenty-six (26) calendar weeks following the original due date for the within-grade increase. If the new determination is again negative, the employee must again be so notified.

Section 6. Appeals under this Article are subject, at the discretion of the employee, to be grieved in accordance with law and this contract.