collective bargaining agreement contract between - Bureau of Indian ...

Article 22Actions Based on Unacceptable PerformanceSection 1. Conditions for Removal or Reduction in GradeAn employee may be reduced in grade, contract non-renewed, or removed for unacceptable performanceas follows: When an employee is performing at an unacceptable level, the employee will be notified, inwriting, of the unacceptable performance, what action must be taken to improve the performance to anacceptable level, and the assistance that will be provided by Management. The employee will be given atleast thirty (30) calendar days in which to bring the performance up to an acceptable (MinimallySuccessful) level. At the end of the above period, a written appraisal of the employee’s performance willbe issued. If the performance has not improved to an acceptable level, Management will give theemployee a thirty (30) calendar day advance written notice of the proposed action. The employee willhave ten (10) calendar days within which to respond to the proposed action. The proposed action willidentify:A. Specific instances of unacceptable performance by the employee on which the proposed action isbased; andB. Critical elements of the employee’s position involved in each instance of unacceptableperformance.Section 2. Final DecisionThe final decision will be made, or concurred in, by an official in a higher position than the official whoproposed the action.Section 3. Appeal OptionsAny decision letter to an employee stating that action under Section 1 of this Article will be taken, willinform the employee of his/her option to appeal the action to the MSPB or through the negotiatedgrievance procedure, but not both. Contract education employees can only appeal through the negotiatedgrievance procedure.76