In January 2017, FDA unilaterally added new language regarding “ORA Values” to a Critical Element of the 2017 Performance Appraisal Program (PMAP):
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.
Because the FDA did not notify NTEU of the change, as required by Article 3 of the CBA, NTEU demanded that the language be removed from the PMAP until the agency fulfilled its notice and bargaining obligations. Under threat of a national grievance and an unfair labor practice, the agency agreed to remove it. Accordingly, the language above will be immediately stricken from the PMAP, and supervisors will be instructed not to consider any activity related to “ORA values” in the evaluation of employee performance.