Labor Relations
GSFC-GESTA Collective Bargaining Agreement
Article 25 Within-Grade Increase
SECTION 25.01 Employees whose performance is determined to be at an acceptable level of competence, in accordance with Article 31 of this Agreement and appropriate NASA and Federal personnel regulations, shall be granted within-grade increases when they meet prescribed waiting period requirements.
SECTION 25.02 Approximately ninety (90) days prior to an employee's completion of the time requirement for a within-grade increase, the Office of Human Resources shall forward a certification as to the level of competence to the appropriate organization. If there are factors in the employee's performance which may cause the within-grade increase not to be granted on its due date, he/she should be notified in writing at least sixty (60) days, but in no event less than thirty (30) days, in advance of the due date of the within-grade increase of the following:
a. an explanation of each job element in which the employee's performance is considered to be below the acceptable level;
b. what the employee must do on each job element to improve performance to the acceptable level; and
c. how the supervisor shall provide assistance for the employee to improve the performance to an acceptable level.
SECTION 25.03 When it is determined that an employee is performing below an acceptable level of competence, he/she shall be advised in writing as soon as possible after completion of the waiting period. The written determination shall include the reasons for that determination and information on the employee's right to request reconsideration of the determination by submitting a written request to the Director of Human Resources within fifteen (15) days after receipt of the determination notice. The reconsideration shall be accomplished by a Management official at a higher level in the organization who took no part formally in the original decision. The employee has the right to contest the basis for the determination personally and/or in writing and the right to have a GESTA representative or someone else of the employee's own choosing to assist in presenting the request for reconsideration. The employee shall be provided a written decision within fifteen (15) workdays. If circumstances prevent a decision within this time frame, the reconsideration file will be documented as to the reasons for that delay. If the reconsideration is unfavorable, the employee has, and shall be so notified, the right to file a grievance at STEP 2 of the Negotiated Grievance Procedure (Article 16) of this Agreement.
SECTION 25.04 If a determination is changed as a result of a reconsideration or grievance, the employee is entitled to the within-grade increase on the date when the increase would otherwise have become due.
SECTION 25.05 If the employee has not been given thirty (30) days advance notice as provided in Section 25.02 of this Article, the supervisor may still make a determination and deny the within-grade increase when it is due. However, in such cases, the supervisor shall be required to make another determination sixty (60) days later. If the determination is reversed, the within-grade increase is effective on the date it was originally due. A new determination can be made at any time the supervisor concludes that the employee is performing at an acceptable level. A new determination, however, must be made no later than fifty-two (52) weeks from the date the within-grade was due. At any time within the above fifty-two week period the employee may request a discussion with the supervisor regarding his/her progress. Supervisors are encouraged to counsel with employees and assist them during this period and to make an interim determination if deemed appropriate.
