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FS Correspondence dated October 1, 2010
Subject: Performance Appraisals for Fiscal Year 2010 and Performance Plans and Individual Development Plans for Fiscal Year 2011 Enclosure 1, Closing Out FY 2010 AppraisalsEnclosure 2, Performance Appraisal Checklist
Enclosure 3, Performance Database Instructions
Enclosure 4, Establishing FY 2011 Plans
Enclosure 5 Establishing IDPsGrievance May
Be Filed For Performance Standards:
NFFE's Guide to
Performance Appraisals makes it clear that
performance standards are grievable. A
grievance may be filed if performance standards
do not comply with the legal requirements of 5
USC § 4302. A grievant need not wait until the
standard is applied. That's exactly what I did
last year. My personal grievance was resolved
when Mgt changed my performance standards so
that they are objective and
measurable.
Józef
_____________________
Józef J. Drozdowski
NFFE FS Council R9 VP
TX: 989-739-0728 x 3017
FX: 989-739-0347
As a novice Union rep, I had always been told that "performance standards aren't grievable, only their application is." I have rarely had occasion or reason to question this until the new performance appraisal system was implemented. As I have seen such terrible performance standards/measures being put into place, it seemed absurd to have to wait until the employee has been rated under the standards before being able to file a grievance saying that the standards do not comply with law or regulation.
In reviewd case law on performance standards, I found the attached decision from December 12, 1987. In this decision, the FLRA reversed precedent and allowed that the issue of improper performance standards could be grieved. The appropriate remedy is that proper standards be implemented by the Agency, so it isn't something that we would want to spend a whole lot of money on arbitration for. However, given the widespread problems with the new performance system not being implemented properly, Locals and employees may file grievances to try to get proper standards and measures in place BEFORE the end of the rating period when employees are then rated on the improper standards/measures.
***************************************************************
Melissa Baumann
NFFE Forest Service Council
One Gifford Pinchot Dr.
Madison, WI 53726
608-231-9278
608-698-2645 (cell)
608-231-9508 (non-secure fax)
Józef
_____________________
Józef J. Drozdowski
NFFE FS Council R9 VP
TX: 989-739-0728 x 3017
FX: 989-739-0347
As a novice Union rep, I had always been told that "performance standards aren't grievable, only their application is." I have rarely had occasion or reason to question this until the new performance appraisal system was implemented. As I have seen such terrible performance standards/measures being put into place, it seemed absurd to have to wait until the employee has been rated under the standards before being able to file a grievance saying that the standards do not comply with law or regulation.
In reviewd case law on performance standards, I found the attached decision from December 12, 1987. In this decision, the FLRA reversed precedent and allowed that the issue of improper performance standards could be grieved. The appropriate remedy is that proper standards be implemented by the Agency, so it isn't something that we would want to spend a whole lot of money on arbitration for. However, given the widespread problems with the new performance system not being implemented properly, Locals and employees may file grievances to try to get proper standards and measures in place BEFORE the end of the rating period when employees are then rated on the improper standards/measures.
***************************************************************
Melissa Baumann
NFFE Forest Service Council
One Gifford Pinchot Dr.
Madison, WI 53726
608-231-9278
608-698-2645 (cell)
608-231-9508 (non-secure fax)
