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Agreement Between Passport Services and the - page 43 / 71

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ARTICLE 23: ACTIONS BASED ON UNACCEPTABLE PERFORMANCE

1.  This Article does not apply to the reduction in grade or removal of an employee in the competitive service who is serving in a probationary or trial period under an initial appointment.

2.  An employee whose performance indicates that he/she is likely to receive an unsatisfactory rating is entitled to a written notice that contains the following:

a.  The specific critical elements and standards of the position that the employee is failing to achieve;

b.  A statement of the specific improvements the employee must make in performance to avoid an unsatisfactory rating;

c.  The steps or actions the supervisor will take to help in that effort; and

d.  The performance improvement period (4590 calendar days) given to the employee to bring performance to a satisfactory level.

3.  The employee may request ADR under the provisions of Article 21.

4.  Where subsequent to the remedial period the employee is rated unsatisfactory and where the Employer proposes to remove or reduce in grade an employee for unsatisfactory performance, the employee will be entitled to a thirty (30) day written notice of the proposed action based on unsatisfactory performance. The notice of proposed action will state:

a.  The critical elements and performance standards of the position which the employee failed to meet.

b.  How the employee failed to meet those critical elements and performance standards.

c.  How the supervisor sought to help the employee meet those critical elements and standards.

d.  That the employee has fifteen (15) days to respond orally and/or in writing to the notice of proposed action for unsatisfactory performance, and the name of the deciding official to whom the reply should be made.

e.  That the employee has a right to represent him or herself, have a union representative, attorney, or other representative.

f.  That the employee is entitled to a written final decision on the proposed adverse action.

5. The final written decision will address the employee's response, if any, and the reasons for the decision.

6. The final decision will also provide to the employee his or her right to go to the MSPB, go to the EEO (where applicable), or file a grievance.

7. The final decision will also provide the name of the Union President and telephone number.  The President will then provide the name of the local representative.

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