Article 16
Acceptable Level of Competence

Section 16.01

Between 75 and 60 calendar days prior to the date that an employee is eligible to receive a within-grade increase, the employee's supervisor will review the employee's performance. If the supervisor concludes that the employee's performance has not been at an acceptable level of competence, the supervisor will provide the employee with a written notice at least sixty (60) calendar days prior to the end of the waiting period which indicates:

A. those aspects of the employee's performance in which the employee is deficient and the extent of such deficiencies;

B. specific instances supporting the deficiencies;

C. a statement of what the employee needs to do to improve performance to an acceptable level of competence, and the type of guidance and review the supervisor will provide;

D. that the employee's within-grade increase may be denied unless sustained improvement to an acceptable level of competence is shown within sixty (60) calendar days. If the Employer fails to give this sixty (60) calendar day advance notice, and the within-grade increase is denied, the Employer will make a determination as to the employee's acceptable level of competence not later than 60 calendar days after the date the written notice is given to the employee.

Section 16.02

If at the end of the waiting period the employee's performance is at an acceptable level of competence, the within-grade increase will be granted and the notice will not be used as the basis for subsequent personnel action. If an employee's performance is not at an acceptable level of competence, the Employer will notify the employee in writing that the within-grade increase will be denied. The notice will include a statement of the following:

A. The employee's performance has been determined not to be at an acceptable level of competence;

B. A comparison of the employee's performance during the 60-day notice period against the performance standards, including specific instances supporting the employee's actual performance;

C. The employee's right to have the decision reconsidered, to whom the request should be made, and the time limit in which the employee may make such a request;

D. That if the supervisor determines that the employee is performing at an acceptable level of competence, the within-grade increase can be approved at any time; and

E. That in any event, a new determination will be made no later that 52 weeks after the date of the original determination.

Section 16.03

When an employee chooses to make an oral presentation in connection with a request for reconsideration, a written summary will be made of the oral presentation and a copy provided to the employee.

Section 16.04

When an employee is denied a within-grade increase by the reconsideration official, the letter transmitting that official's decision shall include a statement which informs the employee about the right to file a grievance. The fifteen (15) workday time limit on filing a grievance starts to run when the employee receives the notice of negative determination from the reconsideration official. If a grievance is not filed within that period, the employee cannot grieve the denial until and unless a new negative determination is made by the reconsideration official 52 weeks later. The denial letter will also contain a statement at the top of the first page in capital letters: "A COPY OF THIS LETTER MAY, AT YOUR OPTION, BE FURNISHED TO NTEU CHAPTER [213] and [228].