Transcript PMAP vs EPMS - National Treasury Employees Union Chapter 282

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, MD
By
Wendy Lucas Pisman
NTEU Assistant Counsel
DC Field Office
What’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.
Performance 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; and
 An appraisal cycle on a calendar year rather than fiscal year cycle
The MOU further provided that:
Performance Management Appraisal
Program (PMAP) History
 HHS would stagger the implementation of the new PMAP four-tier
structure as follows:
OS/AoA
ACF
FDA, HRSA, SAMHSA
- January 1 through March 31, 2006
- July 1 through September 30, 2006
- October 1 through December 31, 2006
For 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;
Performance Management Appraisal
Program (PMAP) History
 Effective January 2007, the Department would change the
minimum appraisal period from 120 days to 90 days; and
 That 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).
Performance 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).
Performance 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.
Performance 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
Performance 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.
Where We Are Now
NTEU & HHS are still bargaining over the
“One” HHS Consolidated National
Agreement.
The Parties have over 93 issues which
are still on the table
The Performance and Award Articles are
included in the 93 issues.
Performance 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.
Performance 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.
Where We Are Now
 The Parties submitted their position statements on the
93 issues to the Arbitrator on 28 Jan 08
 The 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 procedures
 HHS has continued its roll out of the PMAP as
described in the Agency regulation
How to Get the Latest Info on HHS
Negotiations
 As a member you can go to www.NTEU.org Register
(creating your own User ID)
 Login Select Members Only
 Go to Agency News Section and Select DHHS (it will
route you to http://www.nteu.org/Members/HHS.aspx
 Read all of the latest info relating to HHS
Where We Are Now
 Employees have received performance standards
using the 4 tier HHS PMAP
 Employees performance cycles are now calendar year
as opposed to fiscal year
 Employees have received or will be receiving their first
ratings under the HHS PMAP
 HHS 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
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
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.
Since 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
Since 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.
Since 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.).
Since HHS is Implementing the
PMAP What Should I Do?
When in doubt contact your Steward
or your Chapter Union Office.
ACF Contract Articles
 Article 3 - Effect of Law and Regulation
 Article 5 - Employee Rights and Responsibilities
 Article 11 - Performance Management and Awards
 Appendix 2 - Article 11 - Performance Appraisal
 Appendix 2A - Article 11 - Performance, Incentive and
Suggestion Awards
 Article 47 - Grievance Procedure
FDA Contract Articles
Article 4 - Effect of Law and Regulation
Article 5 - Employee Rights and Responsibilities
Article 27 - Performance and Incentive Awards
Article 30 - Performance Management Program
Article 45 - Grievance Procedures
HRSA Contract Articles
Article 2 - Effect of Law and Regulation
Article 4 - Employee Rights and Responsibilities
Article 8 - Grievance Procedure
Article 31 – Awards
Article 43 - Employee Performance Management
System
OS/AoA/PSC Contract Articles
Article 2 - Effect of Law and Regulation
Article 4 - Employee Rights and Responsibilities
Article 31 - Grievance Procedure
Article 50 – Rewards and Recognition
Article 49 - Performance Assessment
SAMHSA Contract Articles
Article 6 - Effect of Law and Regulation
Article 7 - Employee Rights and Responsibilities
Article 45 - Grievance Procedure
Article 28 – Awards
Article 30 - Performance Management Program
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