Common use of Unacceptable Performance Clause in Contracts

Unacceptable Performance. Performance which is below the minimally satisfactory level (or is at any future defined level of unacceptable performance) on one or more critical elements is unacceptable. Reduction in grade and removal because of unacceptable performance are taken under the authority of 5 U.S.C. 4303 and 5 CFR Part 432 or 5 U.S.C. Chapter 75 and 5 CFR Part 752. When performance is unacceptable the supervisor will first allow the employee a reasonable opportunity period to demonstrate acceptable performance before taking any performance based action under 5 U.S.C. 4303 and 5 CFR Part 432. The supervisor must notify the employee in writing that she or he believes that the employee's performance has reached an unacceptable level and that the employee will be given an opportunity to improve her or his performance. This notice: Identifies the critical element(s) for which performance is unacceptable; Informs the employee of the performance standards that must be reached in order to be retained in the position; Gives the employee a reasonable opportunity to demonstrate acceptable performance; and Indicates the assistance that will be provided. During the opportunity period, the supervisor will provide active and appropriate assistance to help the employee improve her or his performance. This assistance may consist of closer supervision, counseling, guidance, formal training, or other assistance as determined by the supervisor. If at the conclusion of the opportunity period the employee's performance is still unacceptable, and Management determines to propose to reduce the employee in grade, or remove the employee from service, the employee is entitled to: Thirty calendar days' advance written notice of the proposed action specifying instances of unacceptable performance on which the proposed action is based, the critical element(s) involved in each instance of unacceptable performance, and, if a performance appraisal has been prepared, a copy of the performance appraisal on NA Form 3021; Notification that the employee has the right to reply to the proposal orally and/or in writing and to be represented by the Union (or by another representative, including an attorney); A reasonable period of time for the employee to answer orally and/or in writing. Normally the time allowed should not be less than 15 calendar days following the date the employee receives the notice; and A written decision which specifies the instances of unacceptable performance on which the action is based. Management must issue its written final decision no later than 30 days after the expiration of the notice period. The deciding official may extend the notice period by no more than 30 additional days. A decision to remove or reduce in grade under 5 U.S.C. 4303 and 5 CFR Part 432 must be based on instances of unacceptable performance which occurred during the one-year period ending on the date of the notice of proposed action.

Unacceptable Performance. Performance which A. For purposes of this Article, an action based on unacceptable performance under 5 USC Chapter 43 is below the minimally satisfactory level (a reduction in pay band or is at any future defined level removal of unacceptable performance) on an employee whose performance fails to meet established performance standards in one or more critical elements is unacceptable. Reduction set forth in grade and removal because of the applicable performance plan (i.e., performing at Level 1 in any skill element or not meeting any objective under the current performance plan, or not meeting any performance dimension under the performance plan implemented under Performance Management Redesign). B. The Employer must demonstrate that an action taken under this Article for unacceptable performance are taken is supported by substantial evidence. C. The provisions of this Article do not apply to the removal of probationary or trial employees or to performance-based removals under the authority of 5 U.S.C. 4303 and 5 CFR Part 432 or 5 U.S.C. USC Chapter 75 and 5 CFR Part 752. When 75. D. If an action based on unacceptable performance is unacceptable withdrawn or overturned based on the supervisor merits, all documentation retrievable by name relative to that action will first allow be destroyed, with confirmation of such action sent to the employee a reasonable opportunity period to demonstrate acceptable performance before taking employee, except for any performance based action under 5 U.S.C. 4303 and 5 CFR Part 432documentation that: 1. The supervisor must Employer is required to preserve in accordance with law, rule, or regulations; 2. Is relevant to an action that is maintained or upheld; 3. Is outside the control of the Employer; or 4. Is contained in a database (that is not accessible by the employee’s managers) used for statistical tracking of personnel actions. A. Before taking an action based on unacceptable performance, the Employer will notify the employee in writing that she or he believes that the employee's performance has reached an unacceptable level and that the employee will be given an opportunity to improve her or his performance. This notice: Identifies of the critical element(s) for which performance is unacceptable; Informs , inform the employee of the performance standards requirement(s) or standard(s) that must be reached attained in order to be retained demonstrate acceptable performance in the position; Gives his/her position and advise the employee a reasonable opportunity what he/she must do to demonstrate bring his/her performance up to the acceptable performance; and Indicates the assistance that level. The notice will also explain what efforts will be provided. During the opportunity period, the supervisor will provide active and appropriate assistance made to help assist the employee improve her or his in improving performance. This assistance Assistance may consist of include formal training, closer supervision, counseling, guidanceor more frequent progress reviews. The Employer may give an employee notice of an opportunity to improve at any time during the performance appraisal cycle when performance becomes unacceptable in one or more critical elements. B. When the employee’s performance is unacceptable in one or more critical elements, formal trainingthe Employer will provide the employee with a reasonable period of time (at least 60 to 120 calendar days, or other assistance as determined by depending on the supervisor. If at the conclusion nature of the opportunity period the employee's performance is still unacceptable, and Management determines ’s duties) to propose to reduce demonstrate acceptable performance. The Employer will inform the employee in gradethat, or unless his/her performance improves to and is sustained at an acceptable level during such period of time, the Employer may remove the employee or reduce the employee’s pay band. C. The Employer also will inform the employee that, unless his/her performance in the identified element(s) is sustained at the acceptable level for at least one year from servicereceipt of the written notice, the Employer may remove the employee is entitled to: Thirty or reduce the employee’s pay band. Section 3 When the employee improves identified unacceptable performance to acceptable performance within the opportunity to improve period, as specified in Section 2B of this Article, but the employee’s performance in the same critical element(s) again becomes unacceptable within one year of the initial notice, the Employer may initiate action to remove the employee or reduce the employee’s pay band as set forth in Section 4 of this Article without offering another opportunity to improve his/her performance. Section 4 The Employer will follow these procedures when proposing and deciding to take an action under this Article: A. The employee will be provided thirty (30) calendar days' days advance written notice of the proposed action specifying action. The notice will identify both the specific instances of unacceptable performance on which and the proposed action is based, the related critical element(s) involved in each instance of unacceptable performance, and, if a performance appraisal has been prepared, ). B. The employee will be provided with a copy of any information relied upon to support the performance appraisal proposal. This provision in no way limits the Union’s right to additional information under 5 USC 7114 or any other applicable law, rule, or regulation. C. The employee will be advised in writing of his/her right to representation. D. The employee will be provided a reasonable amount of duty time, normally up to eight hours, but more time may be reasonable based on NA Form 3021; Notification that the complexity of the case, to prepare his/her response to the proposed action. E. The employee has will be provided the right opportunity to reply to the proposal notice orally and/or in writing and to be represented by the Union within ten (or by another representative, including an attorney); A reasonable period of time for the employee to answer orally and/or in writing. Normally the time allowed should not be less than 15 calendar days following 10) workdays from the date the employee receives notice of the notice; proposed action. The Employer may consider a written request to extend the reply period. If the employee elects to make an oral reply, it will be made to the deciding official in person, unless agreed otherwise. The employee may submit a written outline of the points covered upon conclusion of the oral reply. The Employer will prepare a summary of the oral reply for the record. The Employer will provide a copy of this summary to the employee or his or her Union representative who may submit any clarifications or corrections within five workdays of receipt of the summary. The Employer will pay the travel and A written per diem expenses of the employee to attend the oral reply. F. The employee will be given a final decision which specifies concerning the proposed action, usually within fifteen (15) calendar days after expiration of the advance notice period. Normally, the final decision will be issued by an official who is at a higher management level than the official who proposed the action. The final decision will be issued prior to the effective date of the action, and will specify the instances of unacceptable performance by the employee on which the action is based. Management must issue its written The final decision no later than 30 days after will also address any relevant legal or factual disputes raised by the expiration employee in the summary or written reply and will contain a statement advising the employee of his/her rights to challenge the notice period. The deciding official unacceptable performance action. Section 5 If the Employer’s final decision is to remove an employee or to reduce his or her pay band based on unacceptable performance, the employee may extend appeal the notice period by no more than 30 additional days. A decision to remove or reduce in grade under 5 U.S.C. 4303 and 5 CFR Part 432 the Merit Systems Protection Board or, if the Union decides to invoke arbitration, notice to seek arbitration must be based on instances of unacceptable performance which occurred during served upon the one-year period ending on the date of the notice of proposed actionEmployer in accordance with Article 28, Arbitration.

Unacceptable Performance. Performance which A. For purposes of this Article, an action based on unacceptable performance under 5 USC Chapter 43 is below the minimally satisfactory level (a reduction in pay band or is at any future defined level removal of unacceptable performance) on an employee whose performance fails to meet established performance standards in one or more critical elements is unacceptable. Reduction set forth in grade and removal because of the applicable performance plan (i.e., performing at Level 1 in any skill element or not meeting any objective under the current performance plan, or not meeting any performance dimension under the performance plan implemented under Performance Management Redesign). B. The Employer must demonstrate that an action taken under this Article for unacceptable performance are taken is supported by substantial evidence. C. The provisions of this Article do not apply to the removal of probationary or trial employees or to performance-based removals under the authority of 5 U.S.C. 4303 and 5 CFR Part 432 or 5 U.S.C. USC Chapter 75 and 5 CFR Part 752. When 75. D. If an action based on unacceptable performance is unacceptable withdrawn or overturned based on the supervisor merits, all documentation retrievable by name relative to that action will first allow be destroyed, with confirmation of such action sent to the employee a reasonable opportunity period to demonstrate acceptable performance before taking employee, except for any performance based action under 5 U.S.C. 4303 and 5 CFR Part 432documentation that: 1. The supervisor must Employer is required to preserve in accordance with law, rule, or regulations; 2. Is relevant to an action that is maintained or upheld; 3. Is outside the control of the Employer; or 4. Is contained in a database (that is not accessible by the employee’s managers) used for statistical tracking of personnel actions. A. Before taking an action based on unacceptable performance, the Employer will notify the employee in writing that she or he believes that the employee's performance has reached an unacceptable level and that the employee will be given an opportunity to improve her or his performance. This notice: Identifies of the critical element(s) for which performance is unacceptable; Informs , inform the employee of the performance standards requirement(s) or standard(s) that must be reached attained in order to be retained demonstrate acceptable performance in the position; Gives his/her position and advise the employee a reasonable opportunity what he/she must do to demonstrate bring his/her performance up to the acceptable performance; and Indicates the assistance that level. The notice will also explain what efforts will be provided. During the opportunity period, the supervisor will provide active and appropriate assistance made to help assist the employee improve her or his in improving performance. This assistance Assistance may consist of include formal training, closer supervision, counseling, guidanceor more frequent progress reviews. The Employer may give an employee notice of an opportunity to improve at any time during the performance appraisal cycle when performance becomes unacceptable in one or more critical elements. B. When the employee’s performance is unacceptable in one or more critical elements, formal trainingthe Employer will provide the employee with a reasonable period of time (at least 60 to 120 calendar days, or other assistance as determined by depending on the supervisor. If at the conclusion nature of the opportunity period the employee's performance is still unacceptable, and Management determines ’s duties) to propose to reduce demonstrate acceptable performance. The Employer will inform the employee in gradethat, or unless his/her performance improves to and is sustained at an acceptable level during such period of time, the Employer may remove the employee or reduce the employee’s pay band. C. The Employer also will inform the employee that, unless his/her performance in the identified element(s) is sustained at the acceptable level for at least one year from servicereceipt of the written notice, the Employer may remove the employee is entitled to: Thirty or reduce the employee’s pay band. Section 3 When the employee improves identified unacceptable performance to acceptable performance within the opportunity to improve period, as specified in Section 2B of this Article, but the employee’s performance in the same critical element(s) again becomes unacceptable within one year of the initial notice, the Employer may initiate action to remove the employee or reduce the employee’s pay band as set forth in Section 4 of this Article without offering another opportunity to improve his/her performance. Section 4 The Employer will follow these procedures when proposing and deciding to take an action under this Article: A. The employee will be provided thirty (30) calendar days' days advance written notice of the proposed action specifying action. The notice will identify both the specific instances of unacceptable performance on which and the proposed action is based, the related critical element(s) involved in each instance of unacceptable performance, and, if a performance appraisal has been prepared, ). B. The employee will be provided with a copy of any information relied upon to support the performance appraisal on NA Form 3021; Notification that proposal. This provision in no way limits the Union’s right to additional information under 5 USC 7114 or any other applicable law, rule, or regulation. C. The employee has will be advised in writing of his/her right to representation. D. The employee will be provided up to eight (8) hours of duty time to prepare his/her response to the right proposed action. E. The employee will be provided the opportunity to reply to the proposal notice orally and/or in writing and to be represented by the Union within ten (or by another representative, including an attorney); A reasonable period of time for the employee to answer orally and/or in writing. Normally the time allowed should not be less than 15 calendar days following 10) workdays from the date the employee receives notice of the notice; proposed action. The Employer may consider a written request to extend the reply period. If the employee elects to make an oral reply, it will be made to the deciding official in person, unless agreed otherwise. The employee may submit a written outline of the points covered upon conclusion of the oral reply. The Employer will prepare a summary of the oral reply for the record. The Employer will provide a copy of this summary to the employee or his or her Union representative who may submit any clarifications or corrections within five workdays of receipt of the summary. The Employer will pay the travel and A written per diem expenses of the employee to attend the oral reply. F. The employee will be given a final decision which specifies concerning the proposed action, usually within fifteen (15) calendar days after expiration of the advance notice period. Normally, the final decision will be issued by an official who is at a higher management level than the official who proposed the action. The final decision will be issued prior to the effective date of the action, and will specify the instances of unacceptable performance by the employee on which the action is based. Management must issue its written The final decision no later than 30 days after will also address any relevant legal or factual disputes raised by the expiration employee in the summary or written reply and will contain a statement advising the employee of his/her rights to challenge the notice period. The deciding official unacceptable performance action. Section 5 If the Employer’s final decision is to remove an employee or to reduce his or her pay band based on unacceptable performance, the employee may extend appeal the notice period by no more than 30 additional days. A decision to remove or reduce in grade under 5 U.S.C. 4303 and 5 CFR Part 432 the Merit Systems Protection Board or, if the Union decides to invoke arbitration, notice to seek arbitration must be based on instances of unacceptable performance which occurred during served upon the one-year period ending on the date of the notice of proposed actionEmployer in accordance with Article 28, Arbitration.