Article 13
Within-Grade Increases

Section 1. General

Pursuant to 5 U.S.C. 5335 and 5 CFR 531, an employee is entitled to receive a within-grade increase subject to completion of the appropriate waiting period and a determination that the employee's work is of an acceptable level of competence. Such determination will be made in accordance with applicable law and regulation.

Section 2. Advance Notice

Employees will be notified thirty (30) days before their within-grade increase is due.

Section 3. When Performance is Less than Acceptable

a. The basis for a determination of acceptable level of competence will generally be the employee's rating of record.
b. Whenever the supervisor determines that the employee's work is not "acceptable," the supervisor shall follow the provisions of Article 12.
c. No employee shall receive a negative determination without first being provided with an opportunity to improve as provided for in Article 12.

Section 4. Negative Determination

a. When a determination is made that an employee's work is not of an acceptable level of competence (negative determination), the employee will be notified in writing, as soon as possible after completion of the waiting period:

(1) Of the basis for the negative determination;
(2) Of the employee's right to secure reconsideration of the negative determination; and
(3) Of the time limits within which the employee may request reconsideration.

b. Employees in the bargaining unit may be represented by Local 12 at any stage of the reconsideration process.

Section 5. Effect of Change of a Negative Determination

When a negative determination is changed after reconsideration or through the negotiated grievance procedure, the change supersedes the negative determination. The effective date of the within-grade increase is the date on which the within-grade increase would have otherwise become due.