pmap powerpoint 2-11.ppt powerpoint file

NTEU Chapters 229, 272 & 282 Present

A Lunch n Learn

Update On

FDA Performance Management Program (PMP)♦

NTEU’s Responses to HHS’ Proposed Performance Management Administration Plan

(PMAP)

Presented Tuesday, February 12, 2008

At

Parklawn Bldg., Rockville, MDBy

Wendy Lucas PismanNTEU Assistant Counsel

DC Field Office

What’s the Big Deal About PMAP?What’s the Big Deal About PMAP?

In December 2005 HHS Notified NTEU that it wanted to In December 2005 HHS Notified NTEU that it wanted to implement Mid-Term bargaining over implementation implement Mid-Term bargaining over implementation of a new Performance Management System/Program of a new Performance Management System/Program beginning early January 2006.beginning early January 2006.

NTEU timely requested to bargain over HHS’ intent to NTEU timely requested to bargain over HHS’ intent to implement a new PMAP.implement a new PMAP.

In March 2006 NTEU and HHS signed a Memorandum In March 2006 NTEU and HHS signed a Memorandum of Understanding (MOU) over when and how the of Understanding (MOU) over when and how the proposed PMAP could be implemented.proposed PMAP could be implemented.

Performance Management Appraisal Performance Management Appraisal Program (PMAP) HistoryProgram (PMAP) History

In the MOU the parties agreed to DHHS’ implementation of its In the MOU the parties agreed to DHHS’ implementation of its PMAP program with limited changes in the immediate future (i.e., PMAP program with limited changes in the immediate future (i.e., in 2006), both of which constitute an exercise of management’s in 2006), both of which constitute an exercise of management’s rights. The two changes were: rights. The two changes were:

Implementation of a four-tier appraisal system; andImplementation of a four-tier appraisal system; and

An appraisal cycle on a calendar year rather than fiscal year cycleAn appraisal cycle on a calendar year rather than fiscal year cycle

The MOU further provided that:The MOU further provided that:


HHS would stagger the implementation of the new PMAP four-tier HHS would stagger the implementation of the new PMAP four-tier structure as follows:structure as follows:

OS/AoA - January 1 through March 31, 2006 OS/AoA - January 1 through March 31, 2006 ACF - July 1 through September 30, 2006ACF - July 1 through September 30, 2006 FDA, HRSA, SAMHSA - October 1 through December 31, 2006 FDA, HRSA, SAMHSA - October 1 through December 31, 2006

For FDA, the new 4-tier structure will be implemented after the For FDA, the new 4-tier structure will be implemented after the completion of bargaining the consolidated contract, but no later completion of bargaining the consolidated contract, but no later than November 1, 2006." (PMAP MOU, ¶ 2).than November 1, 2006." (PMAP MOU, ¶ 2).

Employees would not be evaluated under the new system prior to Employees would not be evaluated under the new system prior to December 2006;December 2006;


Effective January 2007, the Department would change the Effective January 2007, the Department would change the minimum appraisal period from 120 days to 90 days; andminimum appraisal period from 120 days to 90 days; and

That all other issues associated with the PMAP (including awards, That all other issues associated with the PMAP (including awards, procedures, self-appraisals, etc.) will be bargained during the procedures, self-appraisals, etc.) will be bargained during the consolidated contract negotiations in accordance with law, rule consolidated contract negotiations in accordance with law, rule and regulation and regulation (PMAP MOU, ¶ 6).


On July 7, 2006 NTEU filed the first of two (2) National Grievances 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.against HHS alleging that HHS had violated the terms of the MOU.

The first National Grievance alleged that:The first National Grievance alleged that:

On or about June 21, 2006, NTEU learned that HHS had begun full On or about June 21, 2006, NTEU learned that HHS had begun full scale implementation of the PMAP in several of the HHS OPDIVs, scale implementation of the PMAP in several of the HHS OPDIVs, including the Office of the Secretary (OS), in violation of PMAP including the Office of the Secretary (OS), in violation of PMAP MOU MOU ¶ 2 and ¶ 6, several articles in the parties Negotiated Agreement and 5 USC 7116(a).


On July 7, 2006 NTEU filed the first of two (2) National Grievances On July 7, 2006 NTEU filed the first of two (2) National Grievances against OS alleging that: against OS alleging that:

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


On November 20, 2006 NTEU filed the second National Grievance On November 20, 2006 NTEU filed the second National Grievance alleging that FDA had:alleging that FDA had:

Implemented the entire PMAP program (including issues/areas Implemented the entire PMAP program (including issues/areas which NTEU had the right to bargain over under law and which which NTEU had the right to bargain over under law and which NTEU had reserved the right bargain over in the MOU) in violation NTEU had reserved the right bargain over in the MOU) in violation of the MOU (MOU 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


That during these training sessions FDA had also advised That during these training sessions FDA had also advised

employees that it would be implementing a new awards program employees that it would be implementing a new awards program in conjunction with PMAP and told employees the percentage of in conjunction with PMAP and told employees the percentage of salary ranges plus the correlation of salary to award amounts.salary ranges plus the correlation of salary to award amounts.

The National Grievance also emphasized that the MOU explicitly The National Grievance also emphasized that the MOU explicitly required the Agency to continue to adhere to the terms of the required the Agency to continue to adhere to the terms of the individual Negotiated Agreements on performance management individual Negotiated Agreements on performance management systems and awards would remain in force other than the change systems and awards would remain in force other than the change to the 4-tier system, the change over of the rating period from 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 calendar year to fiscal year and the 120 day to 90 day minimum rating period.rating period.

Where We Are NowWhere We Are Now

NTEU & HHS are still bargaining over the NTEU & HHS are still bargaining over the “One” HHS Consolidated National “One” HHS Consolidated National Agreement.Agreement.

The Parties have over 93 issues which The Parties have over 93 issues which are still on the table are still on the table

The Performance and Award Articles are The Performance and Award Articles are included in the 93 issues.included in the 93 issues.


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

Several of the HHS NTEU Chapters also filed Several of the HHS NTEU Chapters also filed Institutional Grievances.Institutional Grievances.


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


The Parties submitted their position statements on the The Parties submitted their position statements on the 93 issues to the Arbitrator on 28 Jan 08 93 issues to the Arbitrator on 28 Jan 08

The next step in accordance with the Parties’ Ground The next step in accordance with the Parties’ Ground Rules would be that the Arbitrator issue his Rules would be that the Arbitrator issue his recommendations on each of the 93 issues; however, recommendations on each of the 93 issues; however, HHS has asked for a conference to discuss concerns HHS has asked for a conference to discuss concerns over the filing proceduresover the filing procedures

HHS has continued its roll out of the PMAP as HHS has continued its roll out of the PMAP as described in the Agency regulationdescribed in the Agency regulation

How to Get the Latest Info on HHS How to Get the Latest Info on HHS NegotiationsNegotiations

As a member you can go to As a member you can go to www.NTEU.orgwww.NTEU.org Register Register (creating your own User ID)(creating your own User ID)

Login Select Members OnlyLogin Select Members Only

Go to Agency News Section and Select DHHS (it will Go to Agency News Section and Select DHHS (it will

route you to route you to http://http://www.nteu.org/Members/HHS.aspxwww.nteu.org/Members/HHS.aspx

Read all of the latest info relating to HHSRead all of the latest info relating to HHS

http://www.nteu.org/

http://www.nteu.org/Members/HHS.aspx

http://www.nteu.org/Members/HHS.aspx


Employees have received performance standards Employees have received performance standards using the 4 tier HHS PMAPusing the 4 tier HHS PMAP

Employees performance cycles are now calendar year Employees performance cycles are now calendar year as opposed to fiscal yearas opposed to fiscal year

Employees have received or will be receiving their first Employees have received or will be receiving their first ratings under the HHS PMAPratings under the HHS PMAP

HHS has indicated informally in some OP/Divs and HHS has indicated informally in some OP/Divs and formally in other OP/Divs that it will not be complying formally in other OP/Divs that it will not be complying with the negotiated Performance Awards with the negotiated Performance Awards procedures/processes procedures/processes

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

If There is a Conflict Between the Language in Negotiated Agreement

or HHS Instruction 430-7 Which Document Wins?

All of NTEU’s 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.

Differences between the PMAP and Differences between the PMAP and the Negotiated Performance the Negotiated Performance

Management & Awards ArticlesManagement & Awards Articles Some of the major changes between the Negotiated Performance Some of the major changes between the Negotiated Performance

Management Articles and the PMAP include:Management Articles and the PMAP include:

Progress reviews are required under both plans, however, the Progress reviews are required under both plans, however, the difference is that Negotiated Agreement requires that employees difference is that Negotiated Agreement requires that employees receive all progress reviews writing but the PMAP only requires receive all progress reviews writing but the PMAP only requires reviews to be reduced to writing only when an employee reviews to be reduced to writing only when an employee receives a “Less Than Fully Satisfactory” rating. The same is receives a “Less Than Fully Satisfactory” rating. The same is true for Summary Ratings.true for Summary Ratings.

The existing Negotiated Agreements have contract language that The existing Negotiated Agreements have contract language that must be used by the Agency when it issues Performance Awards must be used by the Agency when it issues Performance Awards and includes Union involvement/input during the awards and includes Union involvement/input during the awards recommendation processes. Whereas the PMAP is silent with recommendation processes. Whereas the PMAP is silent with regard to Union/bargaining unit involvement in the awards regard to Union/bargaining unit involvement in the awards process.process.

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

Know your rights and responsibilities as defined by Know your rights and responsibilities as defined by the Negotiated Agreement , law, rule and regulation.the Negotiated Agreement , law, rule and regulation.

Remember that with the exception of the 3 agreed Remember that with the exception of the 3 agreed upon changes (i.e., 4-tier system, calendar year upon changes (i.e., 4-tier system, calendar year rating cycle, and 90 day minimum rating period) the rating cycle, and 90 day minimum rating period) the existing Articles of the Negotiated Agreement existing Articles of the Negotiated Agreement concerning Performance Management procedures concerning Performance Management procedures and Awards processes are still in effect .and Awards processes are still in effect .

Know what rights and processes you have under Know what rights and processes you have under your OpDivs’ Negotiated Performance Management your OpDivs’ Negotiated Performance Management ArticleArticle


Employees should participate in the performance Employees should participate in the performance plan creation process because it will help you be plan creation process because it will help you be able to document what if any issues/concerns you able to document what if any issues/concerns you have about the plan.have about the plan.

Employees should reduce their concerns, questions, Employees should reduce their concerns, questions, suggestions, etc. , regarding the proposed suggestions, etc. , regarding the proposed performance plan to writing and provide them to performance plan to writing and provide them to their supervisor.their supervisor.

Employees should sign the plan and/or performance Employees should sign the plan and/or performance rating indicating the date of receipt. rating indicating the date of receipt.


Employees may also indicate in writing that their Employees may also indicate in writing that their participation is not to be construed as a concession participation is not to be construed as a concession that the agency has legally implemented the plan, that the agency has legally implemented the plan, but that they're participating to protect themselves. but that they're participating to protect themselves.

Employees should regardless of their participation Employees should regardless of their participation keep record/notes of how they are negatively keep record/notes of how they are negatively impacted by the new system.impacted by the new system.

Engage proactively in the performance rating Engage proactively in the performance rating process (i.e., provide your supervisor with your process (i.e., provide your supervisor with your accomplishments for the rating period in accordance accomplishments for the rating period in accordance with the Negotiated Agreement, rebuttal submission with the Negotiated Agreement, rebuttal submission after receipt of rating, and/or file a grievance, etc.).after receipt of rating, and/or file a grievance, etc.).


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

ACF Contract ArticlesACF Contract Articles Article 3 - Effect of Law and RegulationArticle 3 - Effect of Law and Regulation

Article 5 - Employee Rights and ResponsibilitiesArticle 5 - Employee Rights and Responsibilities

Article 11 - Performance Management and AwardsArticle 11 - Performance Management and Awards

Appendix 2 - Article 11 - Performance AppraisalAppendix 2 - Article 11 - Performance Appraisal

Appendix 2A - Article 11 - Performance, Incentive and Appendix 2A - Article 11 - Performance, Incentive and Suggestion AwardsSuggestion Awards

Article 47 - Grievance ProcedureArticle 47 - Grievance Procedure

FDA Contract ArticlesFDA Contract Articles

Article 4 - Effect of Law and RegulationArticle 4 - Effect of Law and Regulation


Article 27 - Performance and Incentive AwardsArticle 27 - Performance and Incentive Awards

Article 30 - Performance Management ProgramArticle 30 - Performance Management Program

Article 45 - Grievance ProceduresArticle 45 - Grievance Procedures

HRSA Contract ArticlesHRSA Contract ArticlesArticle 2 - Effect of Law and RegulationArticle 2 - Effect of Law and Regulation



Article 31 – AwardsArticle 31 – Awards

Article 43 - Employee Performance Management Article 43 - Employee Performance Management SystemSystem

OS/AoA/PSC Contract ArticlesOS/AoA/PSC Contract ArticlesArticle 2 - Effect of Law and RegulationArticle 2 - Effect of Law and Regulation



Article 50 – Rewards and RecognitionArticle 50 – Rewards and Recognition

Article 49 - Performance AssessmentArticle 49 - Performance Assessment

SAMHSA Contract ArticlesSAMHSA Contract ArticlesArticle 6 - Effect of Law and RegulationArticle 6 - Effect of Law and Regulation



Article 28 – AwardsArticle 28 – Awards

Article 30 - Performance Management ProgramArticle 30 - Performance Management Program

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pmap powerpoint 2-11.ppt powerpoint file

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