NTEU recently learned that FDA management made changes to various Performance Management Appraisal Program (PMAP) forms for calendar year 2018 without meeting its contractual obligation to notify NTEU per Article 30, Section 5 A, of the parties’ Consolidated Collective Bargaining Agreement (CBA).
These changes include, but are not limited to:
- A Cascading Element from the Associate Commissioner for Regulatory Affairs (ACRA): Reportedly, the ACRA Cascading Element has changed from last year and is included on all templates for Office of Regulatory Affairs employees. It is located under the Communication Critical Element. The agency asked that this language is not removed from any of the performance plans claiming it must be included in every General Schedule performance plan.
- For Contracting Officer Representatives (COR): Reportedly, FDA has established PMAP language for Contracting Officer Representatives (CORs) in response to a finding under the Office of Management and Budget Circular A-123. A full critical element will be required for staff involved in COR work at least 20% or more of their time. An added statement to the Administrative Requirements Critical Element outlining COR-related responsibilities will be required for staff who perform COR duties on a collateral basis (15% or less of their time).
Note that Article 30, Section 5 C, of the CBA, also provides opportunity for employee comments to their respective initial PMAP for the year during the first five days after receipt. This is an opportunity to protest any changes in elements and sub-elements, and performance requirements that do not match with your position description.
If your supervisor presents you with an updated PMAP form for implementation, please notify your chapter president or representative immediately.