Article 17
Reduction in Grade or Removal Based on Unacceptable Performance

Section 1. Employees Covered

This Article applies to all bargaining unit employees except those excluded in 5 CFR 432.102(f).

Section 2. Initial Procedures

a. At any time during the performance appraisal cycle that an employee's performance becomes unacceptable in one (1) or more critical elements, Management shall inform the employee as provided in Article 14 of this Agreement. Management should also inform the employee that unless his or her performance in the critical element(s) improves to and is sustained at an acceptable level, as defined in 5 CFR 432, the employee may be reduced in grade or removed.
b. The employee will be afforded a reasonable opportunity to demonstrate acceptable performance in accordance with Article 14 of this Agreement.

Section 3. Notice of Proposed Action

An employee will be given written notice of a proposed reduction in grade or removal based on unacceptable performance at least 30 calendar days in advance of the proposed action. The employee has a right to representation and will be given the opportunity to respond orally and/or in writing to the proposed action prior to a decision. The notice will state a reasonable time, not less than seven (7) calendar days, by which the employee’s reply(ies) to the notice of proposal must be made. The notice will also include a statement that the employee is entitled to representation, including representation by Local 12, and will include the name and telephone number of the Local 12 Agency Vice President/Chief Steward in the employee’s Agency. When Management issues a notice of the proposed action under this Article, it will notify Local 12 of the nature of the proposed action and the employee’s Agency.

Section 4. Employee Right to Review Material

An employee or his or her representative has the right to review all relevant documentation (including the notice of reduction in grade or removal) as may be relied upon in support of a proposed or final action based on unacceptable performance.

Section 5. Appeal Rights

a. Except in cases where there is an allegation of discrimination on the basis of race, color, religion, sex, national origin, age, or disability in connection with the action, an employee covered by this Article may appeal an action taken under this Article through the negotiated grievance procedure or to the Merit Systems Protection Board (MPSB), but not both. The employee shall be deemed to have exercised his or her option to raise the matter under either the negotiated grievance procedure or the MSPB procedure at such time as the employee files a grievance or an appeal with the MSPB.
b. In cases where there is an allegation of discrimination on the basis of race, color, religion, sex, national origin, age, or disability in connection with the action, an employee covered by this Article may appeal an action taken under this Article through the negotiated grievance procedure, to the MSPB, or through the Equal Employment Opportunity (EEO) complaint procedure. An employee who has elected to pursue the matter through the EEO complaint procedure or the MSPB appeal procedure may not appeal the matter through the negotiated grievance procedure. The employee shall be deemed to have elected the forum under which he/she wishes to proceed at the time he/she files a grievance, an appeal with the MSPB, or a formal EEO complaint.