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WITHIN-GRADE INCREASES
Section 1. Acceptable level of competence
determinations shall be made in a fair and objective manner and shall be made
only on the basis of the work requirements of the particular position or
specific performance expectations as may have been established for the
particular bargaining unit position.
Section 2. Prior to the date an employee is eligible for a within-grade
increase, the Employer shall review the work of the employee. When a
supervisor's evaluation leads to a conclusion that the employee's work is not
at an acceptable level of competence (i.e., below the fully successful level),
the supervisor shall provide to the employee in writing at least 90 days
before the employee is eligible for a within-grade increase, the following
information:
a. An explanation of those aspects of performance in which
the employee's services fall below an acceptable level;
b. Advice as to what the employee must do to bring his/her performance up to
the acceptable level, and what efforts shall be made by the supervisor to
assist the employee to improve;
c. A statement that his/her performance may not be determined as being at an
acceptable level unless improvement to an acceptable level is shown;
d. A statement that he/she has a period of 90 days in which to bring his/her
performance up to an acceptable level.
Section 3. At the end of the required waiting period for eligibility,
the employee shall be notified in writing of his/her supervisor's
determination. If the employee's performance is acceptable, the 90 days notice
shall be canceled. If the employee's performance is not at an acceptable level
of competence, the Employer shall notify the employee in writing that the
within-grade increase shall be withheld. The notice shall include reasons for
the action and shall also inform the employee of his/her right to request
administrative reconsideration; the time limit for submitting such a request;
and to whom the request should be made.
Section 4. An employee shall not be denied a within-grade increase for
any reason other than job performance. The act of withholding within-grade
increase(s) does not justify an adverse action in and of itself. However, the
factual situations relied on to withhold a within-grade increase may also form
the basis for a performance-based action such as demotion or removal. Such
proposed actions are not barred by this Article; however, they must be
processed as a separate action.
Section 5. If the administrative reconsideration of an initial
determination, provided for in Section 3 of this Article, is in favor of the
employee, the within-grade increase shall be retroactive from the original
effective date.
Section 6. Training phases for developmental controllers do not
necessarily coincide with the notice requirements of Section 2 of this
Article. Failure to meet notice requirements shall not act as a bar to
withholding a within-grade increase.
Section 7. The provisions of this article may be amended or canceled by
mutual agreement of the Parties on a new compensation system.
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