Presentation on theme: "FDA Performance Management Program (PMP)"— Presentation transcript:
1FDA Performance Management Program (PMP) NTEU Chapters 229, 272 & 282PresentA Lunch n LearnUpdate OnFDA Performance Management Program (PMP)♦NTEU’s Responses to HHS’ Proposed Performance Management Administration Plan (PMAP)
2Presented Tuesday, February 12, 2008 At Parklawn Bldg., Rockville, MD ByWendy Lucas PismanNTEU Assistant CounselDC Field Office
3What’s 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.
4Performance 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 management’s rights. The two changes were:Implementation of a four-tier appraisal system; andAn appraisal cycle on a calendar year rather than fiscal year cycleThe MOU further provided that:
5Performance 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, 2006ACF July 1 through September 30, 2006FDA, HRSA, SAMHSA October 1 through December 31, 2006For 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;
6Performance Management Appraisal Program (PMAP) History Effective January 2007, the Department would change the minimum appraisal period from 120 days to 90 days; andThat 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).
7Performance 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).
8Performance 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.
9Performance 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
10Performance 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.
11Where We Are NowNTEU & HHS are still bargaining over the “One” HHS Consolidated National Agreement.The Parties have over 93 issues which are still on the tableThe Performance and Award Articles are included in the 93 issues.
12Performance 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.
13Performance 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.
14Where We Are NowThe Parties submitted their position statements on the 93 issues to the Arbitrator on 28 Jan 08The 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 proceduresHHS has continued its roll out of the PMAP as described in the Agency regulation
15How to Get the Latest Info on HHS Negotiations As a member you can go to Register (creating your own User ID)Login Select Members OnlyGo to Agency News Section and Select DHHS (it will route you toRead all of the latest info relating to HHS
16Where We Are NowEmployees have received performance standards using the 4 tier HHS PMAPEmployees performance cycles are now calendar year as opposed to fiscal yearEmployees have received or will be receiving their first ratings under the HHS PMAPHHS 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
17Where 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 and 430-7
18If There is a Conflict Between the Language in Negotiated Agreement or HHS Instruction 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.
19Differences 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.
20Since 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
21Since 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.
22Since 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.).
23Since HHS is Implementing the PMAP What Should I Do? When in doubt contact your Steward or your Chapter Union Office.
24ACF Contract Articles Article 3 - Effect of Law and Regulation Article 5 - Employee Rights and ResponsibilitiesArticle 11 - Performance Management and AwardsAppendix 2 - Article 11 - Performance AppraisalAppendix 2A - Article 11 - Performance, Incentive and Suggestion AwardsArticle 47 - Grievance Procedure
25FDA Contract Articles Article 4 - Effect of Law and Regulation Article 5 - Employee Rights and ResponsibilitiesArticle 27 - Performance and Incentive AwardsArticle 30 - Performance Management ProgramArticle 45 - Grievance Procedures
26HRSA Contract Articles Article 2 - Effect of Law and RegulationArticle 4 - Employee Rights and ResponsibilitiesArticle 8 - Grievance ProcedureArticle 31 – AwardsArticle 43 - Employee Performance Management System
27OS/AoA/PSC Contract Articles Article 2 - Effect of Law and RegulationArticle 4 - Employee Rights and ResponsibilitiesArticle Grievance ProcedureArticle 50 – Rewards and RecognitionArticle Performance Assessment
28SAMHSA Contract Articles Article 6 - Effect of Law and RegulationArticle 7 - Employee Rights and ResponsibilitiesArticle Grievance ProcedureArticle 28 – AwardsArticle Performance Management Program