Bargaining unit employees (BUEs) in the Office of Regulatory Affairs (ORA) have noticed a change to your 2017 Performance Management Appraisal Program (PMAP) form that reads:
NOTE: This element relates to the ORA Associate Commissioner for Regulatory Affairs (ACRA) 2017 Priority Initiative for Leading Change, Program Critical Element #1, HHS SES Executive Performance Plan:
Support the President’s Employee Engagement initiative by participating in opportunities to provide feedback, including participating in: focus groups, town halls, work groups or project teams and special workplace initiatives (i.e. complete the annual EVS, nominate peers for an ORA Values Award, participate in your division/office EVS action planning, complete/monitor your IDP, provide regular feedback through surveys, town halls, meetings).
Act in accordance with the Office of Regulatory Affairs Core Values, and participate in ORA sponsored activities to learn how to continuously demonstrate behaviors in the areas of accountability, commitment to public health, communication, diversity and inclusion, integrity and respect and quality. Participate in at least one agency (or otherwise) offered or supported training in the areas of diversity and inclusion and other ORA core values that advance and support ORA core values in the workplace.
Please note that NTEU has not received notification of this change in the PMAP, which is required per Article 30, Section 6, of the CBA. Please be assured that NTEU will follow up with the Agency on this matter. Meanwhile, I advised ORA BUEs to make use of the employee rights in Article 30 of the CBA to counter such unilateral change.
Article 30, Section 5 C, of the CBA, gives employees have the right to submit written or oral comments, within five (5) workdays, on any proposed performance plan applicable to them. Reasonable requests for extensions will normally be granted. Before comments are due, an employee may request to meet on duty time with a Union representative to discuss the proposed changes in his/her performance plan. The Employer agreed to consider the written comment(s) of an employee before finalizing a new or revised performance plan.
If the employee declines to sign, the effective date of the plan is the date the rating official attempted to obtain the employee’s signature. The supervisor will note this on the plan, citing the date the employee was given a copy of the established plan. The employee’s signature means that the supervisor has communicated the performance plan to the employee; it does not mean that the employee agrees with the plan.
In developing performance plans for a given position, the Employer agreed to consider the views of the employees who occupy the position. Consistent with Section 5 C, prior to implementing a new or revised performance plan, the Employer will provide employees whose performance will be assessed under it with a draft of the new or revised plan, identifying all new or revised portions of that plan and informing the employees that they should read the new or revised plan and submit any comments they wish to make to their supervisors. The supervisor will consider the views of the employee, when such views are presented, before implementing the performance plan.
If your supervisor does not or did not comply with any of these provisions of the CBA, remember that you only have 30 days to file a grievance from the moment you learned of the violation. Contact a Union steward as soon as you learn of the violation since it takes time to put together a grievance. Union stewards will also try to resolve the dispute informally with management during the 30 days allotted to file the grievance, if at all possible.
If you experience such unilateral change in your 2017 PMAP, please let me know and make sure you do your part per Article 30 of the CBA.