Application  |  Arbitral Review  |  Establishment  |  Incentive Pay/Awards
Negotiations  |  Notification/Participation  |  Performance–based Actions
Timeliness  |  Within–grade Increase  |  Miscellaneous

1. Negotiating critical elements and performance standards. NTEU, 3 FLRA 769 [NN]
2. Establishing performance standards by collective bargaining. AFGE, AFL–CIO, Local 32, 3 FLRA 784, Proposals 2 and 3 [NN]
3. Management to bargain to impasse on the content of performance standards. AFGE, AFL–CIO, Local 1968, 5 FLRA 70, Proposal 3 [NN]
4. Agency to negotiate the substance of performance standards. AFGE, AFL–CIO, Local 3656, 5 FLRA 554 [NN]
5. Agency to negotiate over the formulation of the specific language of appropriate standards of ethical and other employee conduct within the agency before submitting them to Office of Personnel Management for approval. NTEU, 6 FLRA 522, Proposal VIII, Section 15 [NN]
6. Parties to bargain to impasse on standards. AFGE, AFL–CIO, Local 3804, 7 FLRA 217, Proposal 4 [NN]
7. Negotiating the content of performance standards. AFGE, AFL–CIO, Local 2, 7 FLRA 541 [NN]
8. Particular performance standards and critical elements to be established through negotiations. AFGE, AFL–CIO, Local 2849, 7 FLRA 571, Proposal 1 [NN]
9. Performance standards and critical elements to be “agreed to.” AFGE, AFL–CIO, Local 2849, 7 FLRA 571, Proposal 4 [NN]
10. Formal negotiations concerning measures of performance to be established for employees in the bargaining unit. AFGE, AFL–CIO, Local 2849, 7 FLRA 571, Proposal 2 [NN]
11. Proposals that would (a) require bargaining on critical elements, (b) set standards for critical elements, (c) require management to establish that all critical elements are, in fact, critical elements of the employee’s job, and (d) permit the union to reopen the agreement in a year to negotiate critical elements. NTEU, 7 FLRA 727 [NN]
12. Parties to bargain to impasse with the union concerning the particular performance standards to be established for employees in the bargaining unit. AFGE, AFL–CIO, Local 1858, 7 FLRA 794, Proposal 2 [NN]
13. Negotiations over the development or revision of measures of performance and referral to the Federal Service Impasses Panel if agreement is not reached. AFGE, AFL–CIO, Local 2192, 9 FLRA 716, Proposal 4 [NN]
14. Management will not establish or implement median or basic requirement figures for position or replaced work (transferred work) until the full collective bargaining process on this subject is completed. AFGE, AFL–CIO, Local 1923, 9 FLRA 899 [NN]
15. Prohibiting abolishing positions and redistributing the duties of abolished positions until both agency and employees agree on critical elements and performance for the positions receiving the duties. NAGE, Local R14–89, 9 FLRA 1033, Proposal 1 [NN]
16. Negotiations concerning the substance of performance standards for the position of Customs Service Aid. NTEU, Chapters 153, 161 and 183, 11 FLRA 209, Proposal 3 [NN]
17. Performance elements and standards to be developed by the parties, management and union. AFGE, AFL–CIO, Local 32, 14 FLRA 6, Proposal 4 [NN]
18. Obligating management to negotiate the content of performance–standards. POPA, 29 FLRA 1389, Proposal 4 [NN]

Notification/Participation

1. Prescribing only when employees shall be given a copy of the critical elements for their positions. AFGE, AFL–CIO, Local 3804, 7 FLRA 217, Proposal 1 (last sentence) [N]
2. Prescribing when copies of performance standards will be given to employees and that they will be in writing. AFGE, AFL–CIO, Local 3804, 7 FLRA 217, Proposal 2 (last sentence) [N]
3. Studies related to performance appraisal to be conducted on typical workers under normal working conditions, and they will not be kept secret. AFGE, AFL–CIO, Local 3804, 7 FLRA 217, Proposal 4 (first and second sentences) [N]
4. Data derived from work studies to be provided to the union. AFGE, AFL–CIO, Local 3804, 7 FLRA 217, Proposal 5 [N]
5. Barring secret studies and requiring that studies be conducted on typical workers. AFGE, AFL–CIO, Local 1858, 7 FLRA 794, Proposal 2 (first and second sentences) [N]
6. Agency to comply with the law to notify the employees as to what these elements are. AFGE, AFL–CIO, Local 3028, 13 FLRA 697, Proposal 1 [N]
7. A joint labor–management committee to develop performance expectations for benefit authorizer trainee and claims authorizer trainees, establishing interim quantitative and qualitative standards for those positions, and setting forth certain principles governing the implementation of the standards. AFGE, AFL–CIO, Local 1395, 14 FLRA 408, Proposal 1 [NN]
8. Prohibiting secret studies bearing on performance standards, which require many studies to be conducted on average workers under normal working conditions, and requiring management to provide the union the results of the studies. AFGE, AFL–CIO, Local 1708, 15 FLRA 3, Proposal 1 (first, second and fourth sentences) [N]
9. Allowing the union to have an observer present in the development or revision of measures of performance and duties. AFGE, AFL–CIO, Local 1708, 15 FLRA 3, Proposal 1 (third sentence) [NN]
10. Allowing the union to have an observer present in the development or revision of all measures of performance. AFGE, AFL–CIO, Local 2302, 15 FLRA 17, Proposal 2 [NN]
11. Establishing a procedure for employee communications in the setting of standards. NFFE, Local 1430, 15 FLRA 45, Proposal 1 [N]
12. Performance standards and elements will be established under guidelines developed by a union–management panel. NFFE, Local 943, 16 FLRA 313, Section B [NN]
13. Giving the panel authority to resolve disputes between supervisors and employees over standards and elements. NFFE, Local 943, 16 FLRA 313, Section C [NN]
14. Union will be allowed to have an observer present at the development and revision of performance standards. AFGE, AFL–CIO, Local 1940, 16 FLRA 816, Proposal 2.D (third sentence) [NN]
15. Production goals may not be translated into performance standards unless certain conditions are met. AFGE, AFL–CIO, Local 1940, 16 FLRA 816, Proposal 2.E [NN]
16. Giving employees the responsibility for developing performance standards. AFGE, AFL–CIO, Local 12, 17 FLRA 674, Proposal 2 [NN]
17. Agency to make any changes in work flow procedures in writing and to notify the union of changes. AFGE, AFL–CIO, Local 3231, 22 FLRA 868, Proposal 2 [N]
18. Prohibiting secret performance studies and requiring management to conduct studies on average workers under normal working conditions. AFGE, AFL–CIO, General Committee of AFGE for SSA Locals, 23 FLRA 329, Proposal 3 [N]
19. Permitting employees to bring concerns regarding performance elements and standards before the reviewing official who may make appropriate changes after discussions with the rating official. NTEU, 25 FLRA 1067, Proposal 3 [N]
20. Agency to provide employees with information concerning standards and ratings. AFGE, AFL–CIO, National Council of VA Locals, 29 FLRA 515, Proposal 8, Section 2 (third and fourth sentences) [N]
21. Supervisor to hold a meeting with employees to discuss proposed performance appraisal plans when plan applies to no more than 15 employees. POPA, 29 FLRA 1389, Proposal 1, Section 3.C.1 (first sentence) [N]
22. Agency and union agree that the development of performance standards and the identification of critical elements will be a joint effort between the employee and supervisor. NFFE, 29 FLRA 1491, Provision 1 [N]
23. Union shall participate in studies conducted on employees in the development or revision of the performance system. Sierra Army Depot, 30 FLRA 1236, Provision 9 [N]

Performance–based Actions

1. A supervisor will disclose to an employee, normally within 2 weeks, any deficiency that will be used in a performance appraisal and that any delay in disclosure will be considered in mitigating a performance–based action. POPA, 47 FLRA 10, Provision 31 [N]
2. Performance–based disciplinary actions will be taken for just and sufficient cause and in accordance with applicable laws and regulations. POPA, 47 FLRA 10, Provision 42 [N]
3. Including reduction in rank in the definition of performance–based disciplinary actions in the parties’ agreement. POPA, 47 FLRA 10, Provision 43 [N]. Reversed in Patent Office Professional Association v. Federal Labor Relations Authority, 26 F.3d 1148 (D.C. Cir. 1994).
4. Requiring the agency to inform an employee of the conditions under which it will defer, modify, or cancel a disciplinary action. POPA, 47 FLRA 10, Provision 44 [N]
5. Requiring the agency to provide a performance improvement period for employees facing performance–based disciplinary action under chapter 75, of title 5, United States Code. POPA, 47 FLRA 10, Provision 45 [N]
6. The required minimum performance improvement to avoid discipline must be reasonably attainable. POPA, 47 FLRA 10, Provision 45 (second sentence) [NN]
7. Performance–based disciplinary action will be progressive. POPA, 47 FLRA 10, Provision 46 [NN]
8. The agency will destroy all documents generated as part of a canceled performance–based disciplinary action. POPA, 47 FLRA 10, Provision 48 [N]
9. Providing that entries or notations of unacceptable performance be removed from office records after the employee’s performance has been acceptable for a year. NTEU, 52 FLRA 1265, Proposal 5, Article 13 [N]

Timeliness

1. Timeliness standards should be stated in terms of working days on which an employee is present at work (as opposed to calendar days). POPA, 25 FLRA 382, Section 4.D. [N]
2. Permitting employees to determine the timeliness standards which will apply in their individual cases where timeliness standards for different aspects of their job conflict. POPA, 25 FLRA 382, Section 4.E. [NN]
3. Providing examples of when it is deemed unreasonable to adversely evaluate an employee for failure to meet a timeliness standard. POPA, 47 FLRA 10, Provision 15 [N]
4. The agency will give the union a written explanation of its rationale for establishing a timeliness standard that subtracts points for instances of failure to meet a standard but does not add points when the required action is taken in less than half the allotted time. POPA, 47 FLRA 10, Provision 16 [N]

Within–grade Increase

1. Establishing certain production standards for job retention and within–grade increases. NTEU, 3 FLRA 769, Subsection A [NN]
2. Standard of performance for job retention to also be the standard for within–grade increases. NTEU, 3 FLRA 769, Subsection B [NN]
3. Establishing a level of output that the agency must accept as satisfactory performance for retention and within–grade increase purposes. NTEU, Chapter 72, 11 FLRA 271 [NN]
4. Setting the performance level for a within–grade increase. AFGE, AFL–CIO, Local 32, 16 FLRA 948 Proposal 2 [NN]
5. Establishing criterion for determining the level of performance required to justify the denial of a within–grade increase or an unacceptable rating. POPA, 25 FLRA 384, Section 5 [NN]
6. Determinations that employees will not be granted within–grade increases. POPA, 47 FLRA 10, Provision 47 [N]

Miscellaneous

1. Establishing a joint committee to review errors discovered in audits and to determine whether the employee is responsible. AFGE, AFL–CIO, Local 1760, 25 FLRA 16, Proposal 4 [NN]
2. Management to publish in an agency publication that is distributed both to agency clientele and unit employees proposed performance plans and the union’s analysis of them. POPA, 29 FLRA 1389, Proposal 3 [N]
3. Providing a procedure for employees to bring disputes concerning their performance elements and standards to a reviewing official within the agency. NTEU, 42 FLRA 964, Provision 4 [N]
4. Defining terms used in performance management. POPA, 47 FLRA 10, Provisions 1, 2, 5 and 6 [N]. Reversed in Patent Office Professional Association v. Federal Labor Relations Authority, 26 F.3d 1148 (D.C. Cir. 1994).