Summary of Significant Changes
Article 21
- Reference to “PACS” is gone. Now referred to as “the appraisal” or “the appraisal system.”
- New titles of Sections, New Sections and reorganization of language and article.
- New language regarding critical elements. They must be in writing, consistent for standard or like positions. If management changes any critical element or standard, they must convene a focus group, which includes the union and employees. Additionally, all changes are subject to bargaining. (Section 3, C and D)
- Employee may request a union rep to attend discussions when more than one manager present during the discussion. (Section 4 D, 5A, 5F, 6D,)
- During performance discussions, the appraising official must include examples for Level 5 performance and must answer questions that employees have concerning their performance. (Section 5A)
- Numeric performance standards must be clearly identified in the employees performance plan. (Section 5 D)
- Additional factors must be considered if they have a significant effect on the employee’s performance. (Section 5 F.5,6)
- Employees may request a discussion with his/her rating official to discuss performance. It will normally be scheduled within five workdays. (Section 6A)
- Employees may submit as many pages as they want for Optional Employee Self Assessment. Management will inform employees of their Option 15 days prior to the end of the appraisal period. Language to limit to one page was dropped. (Section 6, G)
- Rating officials must provide feedback regarding an employees performance on workgroups, special projects and details outside normal work. Prior language that management will only do this when the activity would have impact on the determination of the employee’s performance was dropped. (Section 6, H)
- Consideration of “pars” as factors in appraising an employee were dropped. (Section 6, I.2)
- Stronger language regarding EEO and Union functions. “Will not be considered as a negative factor when evaluating any critical job element. (Section 6, I.3)
- Management may not choose just difficult or error prone cases to review. They must select a sample of work that reflects the employee’s work. (Section 6, I.5)
- Employees have the right to respond to performance data used to assess performance (Section 6, I.6)
- Management cannot establish arbitrary limitations, such as caps, curves or forced distributions on appraisal ratings. This means that “fair share” is out. (Section 6, I.7)
- Special skills and contributions, such as translations and interpretive activities done as part of, or in addition to, regular job duties must be considered in assessing performance. (Section 6 I.9)
- An employee cannot be rated on a performance standard that was not disclosed as part of the written appraisal plan. (Section 6, I.10.)
- Management must consider employee input when developing an OPS. (Section 7, B)
- Management must provide written notice that includes the performance requirement(s) or standard(s) that must be attained in Each Critical Element at issue. (Section 7, Paragraph 2, number 2)
- 100% review does not equate to appropriate assistance for OPS. (Section 7, Paragraph 2, number 5)
- The agency will provide a yearly report to the union of the distribution of appraisal levels by position and grade level within each component. They will also provide a report of the distribution of appraisals levels by EEO protected class within each component. (New Section 10)
Other Language dropped in Article 21
- Section 5 E, “the documentation may be a short statement or a bullet list of the expectations conveyed to the employee.”
- Management no longer has the option of taking a performance based action without instituting a new OPS plan, after the employee has successfully completed an OPS Plan by demonstrating improved performance. (Section 8, E, F.)
Article 26
- Under prior contract, the Agency determined when to offer career development programs without input from the Union. That language is no longer apart of the contract. In its place, career development programs are an agenda item for the AFGE/SSA Labor Management Forum. (Section 2, A)
- All career ladder positions will now have a career ladder plan and will be conveyed to employees. (Section 3, A, B)
- Revisions and new established career ladder plans will be subject to bargaining. (Section 3, B)
- The employee will receive a 45 day written notice, if the employee does not meet criteria for promotion to the next grade level of the career ladder. (Section 4, A.2.)
- The agency no longer has the option to place a non-probationary employee in a position at a lower grade if the employee fails to meet the promotion criteria after assistance. (Section 4, B.)
- Participation in Career Development Programs many not be used to noncompetitively place the participant into bargaining unit positions. (Section 5, F)
- Pathways Program has taken the place of the Student Career Experience Program (SCEP) and the Federal Career Intern Program (FCIP). (Section 6, A.8.)
- Promotion credit may not be given for non-competitive details and/or non-competitive temporary promotions. (Section 6, C)
- Major changes to the Areas of Consideration. (Section 7)
- The area of consideration includes ALL SSA installations in the region in which the duty stations of the vacancy is geographically located. (Section 7, B1)
- The grade of full performance will be used to determine area of consideration for the trainee positions. (Section 7, B.3.)
- The prior contract did not allow the Philadelphia region to include positions for Headquarters in Baltimore, MD/Washington DC and ODAR Headquarters in Falls Church, VA. They are now included. (Section 7, C)
- New language regarding the relationships between the Regions and the Program Service Centers. (Section 7, C)
- An area of consideration may only be reduced by the mutual consent of the parties. (Section 7, D.)
- Employees outside the normal area of consideration may use the 4100 procedure to request consideration for a position. (Section 7, F.)
- If there are less than 10 bargaining unit employees who meet the minimum qualifications for the position within the commute area of the vacancy, the agency will authorize relocation expenses. Note: The 10 BUEs are determined from ALL components in the commute area of the vacancy, not just the component site the vacancy is established. For example, vacancy in a field office, they will determine how many BUEs meet the minimum qualifications in all facilities in the commute area, including ODAR, PSC, TSC, etc.. (Section 7, H)
- New information added to vacancy announcements. (Section 8, A. 5, 10, 18)
- New section to include Career ladder vacancies and vacancies covered by training agreements. (Section 8, B)
- Vacancy announcements will be posted on the SSA Intranet/Internet only. No more hard copies. (Section 8, C)
- No more 5pm dead line for applications. Aps will be considered received on the day of transmission. (Section 9, B.1.)
- Access to IVOL includes a reasonable amount of time during the employees working hours to prepare or modify his/her application. (Section 9, E.1.)
- AFGE may get electronic copies of vacancy announcements upon request, up to 180 days after selection. (Section 9, E.3.)
- New information regarding the promotion criteria. (Section 10)
- Management has the option of using promotion committees or automated processes to rate applicants. (Section 11, B)
- Names of the promotion committee members will be documented in the promotion package. (Section 11, C.)
- The BQ list will now consist of the 10 highest ranked applicants plus ties. For each additional vacancy, the BQL would include the next 2 highest ranking applicants plus ties. (Section 11, H)
- The personnel specialist will certify the BQL. (Section 11, L.)
- Best Qualified List (BQL) Determinations, NEW MAJOR CHANGE. (Section 12) Before these negotiations, the IVOL system was programed to consider only the Questionnaire to determine the BQL. The process gave NO consideration to awards, appraisal or other career achievements.
- Many changes in the selection process! (Section 13)
- If the selecting official obtains written information on an applicant from any source, it must be placed in the promotion package. (Section 13, A.)
- Employees will not be adversely affected in any employment decision solely because of leave balances. (Section 13, B.)
- The BQL shall be provided to the selecting official in rank order. (Section 13, C.)
- If the selecting official elects to interview any candidates on the BQL, he/she must interview the first 10. Fewer if ties result in more than 10. (Section 13, D.)
- Promotion actions, other than within a career ladder, will be the first day of the pay period in which the employee is scheduled to report. If the employee is within one pay period of the end of a waiting period increase, consideration should be given to promoting the employee on or after the effective date of the WIGI. (Section 13, H.)
- Career ladder position promotions to the next higher grade level will be at the beginning of the first pay period after selection, provided time in grade and other legal requirements are met. (Section 13, J.)
- The Union will be permitted to conduct audits, rather the conduct reviews, of competitive selections. (Section 15, A.)
- The Union may request to audit within 120 days following the date of selection. (15, D.)
- The designated official responsible for the package will make all pertinent records available to the Union upon written request. A list of documents have been identified in the contract that will be included as ‘pertinent records.’ The union will not have to request in accordance with 5 USC 7114 (b)(4). (Section 15, E.)
- Any additional information determined necessary shall be secured from the designated management official. (Section 15, G.)
- A Priority consideration is a“ bona fide” consideration, rather than “genuine.” (Section 16, A.)
- New section 18. The agency will provide promotion information to the Union in January of each year.
Article 39
- Section 1. Now a limited period of up to 12 months, but can be extended with acceptable medical documentation.
- 2005 CBA, Section 3, “Detailed Provisions” – dropped.
- Section 3, A.5, no longer includes examples of equipment.
- Section 4, new Section and Title.
- Section 4, the word “not” following the word “may” was removed.
- Section 5, new Section and Title. No change in language.
Article 41- Telework
This is a new article. The provisions apply to employees who have previous telework agreements. This article addresses terminology that employees and Union representatives need to become familiar and understand.
The article clearly set forth the eligibility requirements for employees who want to telework. It also provides the procedures as to how and when telework may be requested and the conditions employees may telework.
The article contains and exhibit of the Telework Program agreement that the employee must agree to participate in the Telework Program.
Telework Pilot- There will be an Operations pilot for a limited number of employees in the Field components, the Wilkes Barre DOC, the PSCs and the Operations employees who work in Headquarters. Most of the provisions of Article 41 will apply to the participants. The parties will meet to set up the parameters of the pilot and identify the provisions applicable.