NTEU Chapters 229, 272

1

• NTEU Chapters 229, 272 282
• Present
• A Lunch n Learn
• Update On
• FDA Performance Management Program (PMP)
• ?
• NTEUs Responses to HHS Proposed Performance
  Management Administration Plan (PMAP)

2

• Presented Tuesday, February 12, 2008
• At
• Parklawn Bldg., Rockville, MD
• By
• Wendy Lucas Pisman
• NTEU Assistant Counsel
• DC Field Office

3
Whats the Big Deal About PMAP?

• In December 2005 HHS Notified NTEU that it
  wanted to implement Mid-Term bargaining over
  implementation of a new Performance Management
  System/Program beginning early January 2006.
• NTEU timely requested to bargain over HHS
  intent to implement a new PMAP.
• In March 2006 NTEU and HHS signed a
  Memorandum of Understanding (MOU) over when and
  how the proposed PMAP could be implemented.

4
Performance Management Appraisal Program (PMAP)
History

• In the MOU the parties agreed to DHHS
  implementation of its PMAP program with limited
  changes in the immediate future (i.e., in 2006),
  both of which constitute an exercise of
  managements rights. The two changes were
• Implementation of a four-tier appraisal system
  and
• An appraisal cycle on a calendar year rather than
  fiscal year cycle
• The MOU further provided that

5
Performance Management Appraisal Program (PMAP)
History

• HHS would stagger the implementation of the new
  PMAP four-tier structure as follows
• OS/AoA - January 1
  through March 31, 2006
• ACF - July
  1 through September 30, 2006
• FDA, HRSA, SAMHSA - October 1 through
  December 31, 2006
• For FDA, the new 4-tier structure will be
  implemented after the completion of bargaining
  the consolidated contract, but no later than
  November 1, 2006." (PMAP MOU, 2).
• Employees would not be evaluated under the new
  system prior to December 2006

6
Performance Management Appraisal Program (PMAP)
History

• Effective January 2007, the Department would
  change the minimum appraisal period from 120 days
  to 90 days and
• That all other issues associated with the PMAP
  (including awards, procedures, self-appraisals,
  etc.) will be bargained during the consolidated
  contract negotiations in accordance with law,
  rule and regulation (PMAP MOU, 6).

7
Performance Management Appraisal Program (PMAP)
History

• On July 7, 2006 NTEU filed the first of two
  (2) National Grievances against HHS alleging that
  HHS had violated the terms of the MOU.
• The first National Grievance alleged that
• On or about June 21, 2006, NTEU learned that HHS
  had begun full scale implementation of the PMAP
  in several of the HHS OPDIVs, including the
  Office of the Secretary (OS), in violation of
  PMAP MOU 2 and 6, several articles in the
  parties Negotiated Agreement and 5 USC 7116(a).

8
Performance Management Appraisal Program (PMAP)
History

• On July 7, 2006 NTEU filed the first of two
  (2) National Grievances against OS alleging that
  
• On or about June 21, 2006, NTEU learned that HHS
  had begun full scale implementation of the PMAP
  in several of the HHS OPDIVs, including the
  Office of the Secretary (OS), in violation of the
  PMAP MOU 2 and 6, several articles in the
  parties Negotiated Agreement and 5 USC 7116(a).
• The National Grievance also emphasized that
  the MOU explicitly required the Agency to
  continue to adhere to the terms of the individual
  Negotiated Agreements on performance management
  systems and awards would remain in force other
  than the change to the 4-tier system, the change
  over of the rating period from calendar year to
  fiscal year and the 120 day to 90 day minimum
  rating period.

9
Performance Management Appraisal Program (PMAP)
History

• On November 20, 2006 NTEU filed the second
  National Grievance alleging that FDA had
• Implemented the entire PMAP program (including
  issues/areas which NTEU had the right to bargain
  over under law and which NTEU had reserved the
  right bargain over in the MOU) in violation of
  the MOU (MOU 2 and 6), several articles in
  the parties Negotiated Agreement and 5 USC
  7116(a).
• FDA had required employees to attend training
  sessions over PMAP and provided employees
  information on mid-year review processes and
  final ratings processes that were being bargained
  over by the parties and

10
Performance Management Appraisal Program (PMAP)
History

• That during these training sessions FDA had
  also advised employees that it would be
  implementing a new awards program in conjunction
  with PMAP and told employees the percentage of
  salary ranges plus the correlation of salary to
  award amounts.
• The National Grievance also emphasized that
  the MOU explicitly required the Agency to
  continue to adhere to the terms of the individual
  Negotiated Agreements on performance management
  systems and awards would remain in force other
  than the change to the 4-tier system, the change
  over of the rating period from calendar year to
  fiscal year and the 120 day to 90 day minimum
  rating period.

11
Where We Are Now

• NTEU HHS are still bargaining over the One
  HHS Consolidated National Agreement.
• The Parties have over 93 issues which are still
  on the table
• The Performance and Award Articles are included
  in the 93 issues.

12
Performance Management Appraisal Program (PMAP)
History

• Both of the National Grievances alleged that
  HHS implementation of the entire PMAP, instead
  of the three provisions agreed to in the MOU
  constituted bad faith bargaining, which is an
  Unfair Labor Practice (ULP).
• Several of the HHS NTEU Chapters also filed
  Institutional Grievances.

13
Performance Management Appraisal Program (PMAP)
History

• The parties agreed to hold both National
  Grievances in abeyance until completion of
  negotiations on the One HHS Consolidated
  Contract.

14
Where We Are Now

• The Parties submitted their position statements
  on the 93 issues to the Arbitrator on 28 Jan 08
• The next step in accordance with the Parties
  Ground Rules would be that the Arbitrator issue
  his recommendations on each of the 93 issues
  however, HHS has asked for a conference to
  discuss concerns over the filing procedures
• HHS has continued its roll out of the PMAP as
  described in the Agency regulation

15
How to Get the Latest Info on HHS Negotiations

• As a member you can go to www.NTEU.org Register
  (creating your own User ID)
• Login Select Members Only
• Go to Agency News Section and Select DHHS (it
  will route you to http//www.nteu.org/Members/HHS.
  aspx
• Read all of the latest info relating to HHS

16
Where We Are Now

• Employees have received performance standards
  using the 4 tier HHS PMAP
• Employees performance cycles are now calendar
  year as opposed to fiscal year
• Employees have received or will be receiving
  their first ratings under the HHS PMAP
• HHS has indicated informally in some OP/Divs and
  formally in other OP/Divs that it will not be
  complying with the negotiated Performance Awards
  procedures/processes

17
Where In the Negotiated Agreement are the Rules
for the Employee Performance Management System

• The rules for the Employee performance
  standards, appraisals, and awards are found in
  2006 MOU, the Performance Management and Awards
  Articles of the parties Negotiated Agreements
  and HHS Instructions 430-4-80 and 430-7

18
If There is a Conflict Between the Language in
Negotiated Agreement or HHS Instruction 430-7
Which Document Wins?

• All of NTEUs Negotiated Agreements with HHS
  have an Article that provides that if there is a
  specific conflict between the National Agreement
  and any rule or regulations the language in the
  Negotiated Agreement governs.

19
Differences between the PMAP and the Negotiated
Performance Management Awards Articles

• Some of the major changes between the
  Negotiated Performance Management Articles and
  the PMAP include
• Progress reviews are required under both plans,
  however, the difference is that Negotiated
  Agreement requires that employees receive all
  progress reviews writing but the PMAP only
  requires reviews to be reduced to writing only
  when an employee receives a Less Than Fully
  Satisfactory rating. The same is true for
  Summary Ratings.
• The existing Negotiated Agreements have contract
  language that must be used by the Agency when it
  issues Performance Awards and includes Union
  involvement/input during the awards
  recommendation processes. Whereas the PMAP is
  silent with regard to Union/bargaining unit
  involvement in the awards process.

20
Since HHS is Implementing the PMAP What Should I
Do?

• Know your rights and responsibilities as defined
  by the Negotiated Agreement , law, rule and
  regulation.
• Remember that with the exception of the 3 agreed
  upon changes (i.e., 4-tier system, calendar year
  rating cycle, and 90 day minimum rating period)
  the existing Articles of the Negotiated Agreement
  concerning Performance Management procedures and
  Awards processes are still in effect .
• Know what rights and processes you have under
  your OpDivs Negotiated Performance Management
  Article

21
Since HHS is Implementing the PMAP What Should I
Do?

• Employees should participate in the performance
  plan creation process because it will help you be
  able to document what if any issues/concerns you
  have about the plan.
• Employees should reduce their concerns,
  questions, suggestions, etc. , regarding the
  proposed performance plan to writing and provide
  them to their supervisor.
• Employees should sign the plan and/or performance
  rating indicating the date of receipt.

22
Since HHS is Implementing the PMAP What Should I
Do?

• Employees may also indicate in writing that their
  participation is not to be construed as a
  concession that the agency has legally
  implemented the plan, but that they're
  participating to protect themselves. 
• Employees should regardless of their
  participation keep record/notes of how they are
  negatively impacted by the new system.
• Engage proactively in the performance rating
  process (i.e., provide your supervisor with your
  accomplishments for the rating period in
  accordance with the Negotiated Agreement,
  rebuttal submission after receipt of rating,
  and/or file a grievance, etc.).

23
Since HHS is Implementing the PMAP What Should I
Do?

• When in doubt contact your Steward or your
  Chapter Union Office.

24
ACF Contract Articles

• Article 3 - Effect of Law and Regulation
• Article 5 - Employee Rights and Responsibilities
• Article 11 - Performance Management and Awards
• Appendix 2 - Article 11 - Performance Appraisal
• Appendix 2A - Article 11 - Performance, Incentive
  and Suggestion Awards
• Article 47 - Grievance Procedure

25
FDA Contract Articles

• Article 4 - Effect of Law and Regulation
• Article 5 - Employee Rights and Responsibilities
• Article 27 - Performance and Incentive Awards
• Article 30 - Performance Management Program
• Article 45 - Grievance Procedures

26
HRSA Contract Articles

• Article 2 - Effect of Law and Regulation
• Article 4 - Employee Rights and Responsibilities
• Article 8 - Grievance Procedure
• Article 31 Awards
• Article 43 - Employee Performance Management
  System

27
OS/AoA/PSC Contract Articles

• Article 2 - Effect of Law and Regulation
• Article 4 - Employee Rights and Responsibilities
• Article 31 - Grievance Procedure
• Article 50 Rewards and Recognition
• Article 49 - Performance Assessment

28
SAMHSA Contract Articles

• Article 6 - Effect of Law and Regulation
• Article 7 - Employee Rights and Responsibilities
• Article 45 - Grievance Procedure
• Article 28 Awards
• Article 30 - Performance Management Program

29
JOIN NTEUWE NEED YOU!