Comment Number: OL-10500106
Received: 2/15/2005 9:42:52 AM
Subject: Notice of Proposed Rulemaking, Request for Comment
Title: National Security Personnel System
CFR Citation: 5 CFR Chapter XCIX and Part 9901
No Attachments

Comments:

9901.408 Our current contract Article 20 Section 6: Section 6. Performance discussions may take place informally on a one-to-one basis between a supervisor and a unit employee throughout the performance rating year. In any meeting between a supervisor and a unit employee held for the purpose of initiating corrective action, the supervisor will notify the employee of the nature of the meeting in advance to allow the employee to seek representation if he/she believes it necessary or desirable. a. If at any time during the appraisal period, the supervisor determines that an employee's performance falls below the acceptable level on a specific work assignment, work plan objective, or critical element, the supervisor will determine the cause of the performance deficiency and provide assistance to the employee to improve his/her performance. When an employee's performance falls to this level, assistance must be provided in the form of a written employee Performance Improvement Plan (PIP). b. The PIP is: (1) written notification that the employee's performance has fallen below the acceptable level; (2) employee's performance plan for the period indicated in the PIP; (3) notification to the employee of the critical element(s) and/or work plan objective(s) in which he/she is performing below the acceptable level; (4) outline of the types of improvements the employee must demonstrate to attain an acceptable level of performance; (5) offer of assistance to the employee in improving his/her performance; and (6) specific, reasonable period of time to attain the acceptable level. c. The PIP period should be one of sufficient duration to give the employee reasonable time to improve to the acceptable level. The amount of time should be commensurate with the duties and responsibilities of the employee's position, and of sufficient time to allow the employee to show whether he/she can perform acceptably. Such assistance may include, but is not limited to, one or more of the following: formal training, on-the-job training, supervisory or peer coaching, special assignments, counseling, and closer supervision. d. If, at the conclusion of the PIP period, the employee's performance continues to be unacceptable, action may be taken to reassign, reduce in grade, or remove the employee from the position. e. If management does not follow this procedure, then the rating is presumed to be acceptable. 9901.408 is in direct conflict with current contract language that protects the employee and gives management the right to take care of the problem if the employee does not correct the deficiency. As opposed to correcting the problem, the advanced conclusion is that the employee is at fault and must be disciplined. How nearsighted!