Article 15
Reduction in Grade and Removal Based on Unacceptable Performance

Section 1. Employees Covered

This Article applies to the following bargaining unit employees:

a. employees in the competitive service;
b. preference eligibles in the excepted service who have completed one (1) year of continuous service in the same or similar positions in an Executive agency or in the U.S. Postal Service or Postal Rate Commission; and
c. individuals in the excepted service (other than preference eligibles) who are not serving a probationary or trial period under an initial appointment pending conversion to the competitive service, or who have completed two (2) years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to two (2) years or less.

Section 2. Applicability of this Article

This Article applies to reduction in grade and removal actions based on unacceptable performance which Management has chosen to process under 5 CFR Part 432.

Section 3. General

The Department will administer actions covered by this Article in accordance with law and applicable Government-wide regulations.

Section 4. Appeal Rights

a. Except in cases where there is an allegation of discrimination on the basis of race, color, religion, sex, national origin, age, or disability in connection with the action, an employee covered by this Article may appeal an action taken under this Article through the negotiated grievance procedure or to the Merit Systems Protection Board (MSPB), but not both. The employee shall be deemed to have exercised his or her option to raise the matter under either the negotiated grievance procedure or the MSPB procedure at such time as the employee files a grievance or an appeal with the MSPB.
b. In cases where there is an allegation of discrimination on the basis of race, color, religion, sex, national origin, age, or disability in connection with the action, an employee covered by this Article may appeal an action taken under this Article through the negotiated grievance procedure, to the MSPB, or through the Equal Employment Opportunity (EEO) complaint procedure. An employee who has elected to pursue the matter through the EEO complaint procedure or the MSPB appeal procedure may not appeal the matter through the negotiated grievance procedure. The employee shall be deemed to have elected the forum under which he/she wishes to proceed at the time he/she files a grievance, an appeal with the MSPB, or a formal EEO complaint.

Section 5. Employee Right to Review Material

An employee in the bargaining unit has the right to review such documentary evidence (including the notice of reduction in grade or removal) as may be relied upon in support of an action based on unacceptable performance.

Section 6. Initial Procedures

a. At any time during the performance appraisal cycle that an employee's performance becomes unacceptable in one (1) or more critical elements, the Agency shall inform the employee as provided in Article 12 of this Agreement. The Agency should also inform the employee that unless his/her performance in the critical elements improves to and is sustained at a minimally acceptable level, as defined in 5 CFR 432, the employee may be reduced in grade or removed.
b. The employee will be afforded a reasonable opportunity to demonstrate acceptable performance in accordance with Article 12 of this Agreement.

Section 7. Notice of Proposed Action

a. When Management issues a notice of proposed action under this Article, the notice will state a reasonable time, not less than seven (7) calendar days, by which the employee's reply(ies) to the notice of proposal must be made.
b. When Management issues a notice of proposed action under this Article, the notice will include a statement that the employee is entitled to representation, including representation by Local 12. The notice will include the name and telephone number of the Local 12 Chief Steward in the employee's Agency.
c. When Management issues a notice of proposed action under this Article, it will notify Local 12 of the nature of the proposed action and the employee's Agency.
d. The disallowance of an employee's choice of a representative during the notice period may be appealed to the servicing Personnel Officer. Such appeals must be made in writing within three (3) calendar days following receipt of the deciding official's disallowance.