Article 45
Performance-Based Actions

Section 45.01

In proposing action against an employee based on unacceptable performance, the Employer will act in accordance with applicable law and regulations.

Section 45.02

Throughout the appraisal period, supervisors should apprize employees of their performance on an ongoing basis. Employees are to be notified as soon as possible of any performance deficiencies. In any action taken in connection with unacceptable performance, the supervisor will provide as much guidance and assistance as possible to help improve the employee's performance.

Section 45.03

The Employer will consider lateral reassignment of an employee based on unacceptable performance before it acts to reduce in grade or remove an employee for unacceptable performance.

Section 45.04

The steps outlined in this section do not constitute a grievance; this Article is not intended to change the rights and obligations set out in Article 11 of this Agreement (Grievances).

Before proposing to take action against an employee for unacceptable performance, the supervisor will issue a letter of requirements. This document will provide a 90 calendar day period within which the employee's unacceptable performance must improve. The employee will be informed as to which critical elements are being performed unacceptably. Specific instances of poor performance will be identified. Documentation of unacceptable performance will have been provided to the employee, consistent with Article 18, Section 18.07 of this agreement. This written documentation is the only documentation that can be relied on by a supervisor to find an employee's performance "unacceptable." The letter will also state what the employee has to do to improve performance above the unacceptable level during the opportunity period and will indicate the type of guidance and review the supervisor will provide during the opportunity period. The letter also will state the following:

A. That the employee may have a representative, including an NTEU representative, and may reply to the Employer's letter orally and/or in writing;

B. That the employee will be given a reasonable amount of official time to prepare to do so;

C. That the written and/or oral reply be provided no later than ten workdays after the notice period had begun;

D. The name, telephone number, and room number of the current president of the local NTEU Chapter.

Section 45.05

If, after the end of the opportunity period, the employee's unacceptable performance has not improved, a performance-based action, if any, is to be accomplished in accordance with the following procedures:

A. The Employer will give each employee whose performance remains unacceptable a thirty-day notice period.

B. The thirty (30) days begin when the Employer gives the employee a letter of proposed adverse personnel action, based on the continued unacceptable performance. This letter will list the critical elements that the employee has performed unacceptably during the opportunity period as well as specific examples of the employee's performance which have not been corrected following the issuance of the letter of requirements.

C. This letter will state the following:

1. That the employee has a right to a representative including an NTEU representative, and may reply to the Employer's proposed action orally and/or in writing;

2. That the employee will be given a reasonable amount of official time to prepare to do so;

3. That the written and/or oral reply be provided no later than ten workdays after the notice period had begun;

4. That the Employer will make a written summary of the employee's oral reply and provide a copy to the employee;

5. That copies of all evidence upon which the Employer is relying in the matter will be provided upon request;

6. That any reply and final decision in the matter will be heard by a higher level manager in the organization than the one who proposed the action should a higher level manager exist and

7. The name, telephone number, and room number of the current president of the local NTEU Chapter.

Section 45.06

Employee performance which occurred more than one calendar year prior to the date on which the employee received the letter of proposed adverse action will not be relied on to support the proposal. Additionally, employee performance which was not specifically identified in the proposed adverse action will not be relied on to reach a final decision.

Section 45.07

The NTEU will receive sanitized copies of any advance notice letters that are issued pursuant to this Article when the employee receives such letter. The NTEU will also receive any decision letters, when the employee receives such letter, where it has not previously been designated as the employee representative in the matter.