Common use of Scope and Definition Clause in Contracts

Scope and Definition. A. An action based on unacceptable performance is defined as the reduction in grade or removal, which, for the purpose of this article, is Management’s response to an employee’s failure to meet established performance standards in one or more critical elements of the employee’s position at the fully-successful level (FS) as defined in the performance plan. B. Conduct and performance management problems may coincide, but they are distinct issues. Misconduct is treated in Article 18 (Disciplinary and Adverse Ac- tions) of this Agreement. C. This article applies only to bargaining unit employees who have completed their probationary or trial period. D. As an alternative to a reduction in grade or removal based on unacceptable performance, the parties may mutually agree to reassign an employee to another position in lieu of removal or demotion. E. The provisions of this article shall be applied fairly, equitably, and in a non- discriminatory manner.