ARTICLE 36
DENIAL OF WITHIN-GRADE INCREASE

SECTION 1 - GENERAL

A. When a supervisor's evaluation leads to the conclusion
that an employee's work is not of an acceptable level of
competence, the employee shall be notified in writing, in
accordance with applicable regulations, at least 90 days in
advance of the date on which he or she will become eligible for a
within-grade increase. The notice to the employee will include:

1. Each performance element of the employee's work which
falls below the satisfactory level, and how this renders the
performance on the job, as a whole, below an acceptable level.

2. A statement of the satisfactory level of performance
on each of these performance elements.

3. What the employee must do to bring performance up to
the acceptable level, with any assistance to be offered to the
employee.

SECTION 2 - EMPLOYEE NOTIFICATION

A. At the end of the aforementioned 90-day period, if the
supervisor determines that the employee's work is not of an
acceptable level of competence, they will notify the employee in
writing no later than the eligibility date of the within-grade
increase. Such notification will include:

1. The basis for the negative determination;

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

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

SECTION 3 - WITHIN-GRADE INCREASE POSTPONEMENT

Within-grade increase determinations may be delayed when an
employee has not had the minimum period of time (90 days) to
demonstrate Fully Successful performance because they have not
been informed of the specific requirements for Fully Successful
performance and have not been given a performance rating in any
position within 90 days before the end of the waiting period.
The determination may also be delayed if an employee is reduced
in grade because of unacceptable performance to a position in
which they are eligible or will become eligible for a within-grade
increase within 90 days. Such postponements shall not
exceed 90 days. Following the delay, if performance is
determined to be at least Fully Successful, the within-grade
increase will be granted retroactively to the beginning of the
pay period following completion of the applicable waiting period
(the original due date).