Anticipating the System New Beginnings a roadmap for a better future if we do our part 2 GOAL Working within the system to improve performance and evaluation How to manage the system ID: 785530
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Slide1
Module 4:
Navigating the New Performance Management System
Anticipating
the System
Slide2New Beginnings
“a roadmap for a better future – if we do our part”2
Slide3GOAL:
Working within the system to improve performance and evaluationHow to manage the system:As an employeeAs a Local
Making sure you and your coworkers are rated fairly
3
Teaching DoD employees and Locals how to successfully navigate the new performance management process, including:
Slide4Course Outline
Module 1: Overview and History4
Module 2: The Performance Appraisal Process
Module 3: Improving & Awarding Performance
Module 4: Anticipating the System
Slide5www.afge.org/newbeginnings
5
Slide6Module 4 Objectives:
Apply various strategies to assure that a fair rating of record is received.List the types of documentation that should be kept by employees in case a rating of record must be challenged or a grievance filed.
Identify potential issues and problems to keep an eye on as your Local rolls into New Beginnings.1
2
3
6
Slide7Preventing Problems
7
Slide8Types of poor supervisors
DisorganizedPlaying favorites
UnapproachableToo nice8
Slide9Supervisor training
DoD’s training on New Beginnings includes instruction/advice for managers on: Trust between supervisors and employeesEffective feedbackDeveloping a performance plan
Continuous monitoring and communicationProviding informal feedbackProviding formal feedbackPreventing performance problems before they occur
9
Slide10Protecting yourself
If you fear your supervisor will not rate you fairly:Document everything!Make sure your Local is aware of the situation
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Slide11Documentation
EmailsConversationsPhone calls, textsNotes, letters, etc.
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Slide12Group Activity
Share a time that you were rated unfairly due to supervisor problems.What happened?Would that situation be preventable under New Beginnings?
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Slide13Your position description vs. what you actually do
Does your current PD/job description/core doc accurately reflect your most important duties? How to best articulate to your supervisor what you actually do.
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Slide14MyPerformance
Obstacles:
What will training look like?Computer illiterate?
No computer access?Duty time?
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Slide1515
Providing assistance to employees who may:Have a problematic supervisorNot have computer access or be computer literateProviding additional information or help whenever possible
Issues for your Local to Consider
Slide1616
Helping vulnerable employees throughout the appraisal periodIssues for your Local to Consider
Slide17Labor and Bargaining
17
Slide1818
Monitoring and Evaluation
Assessing New Beginnings
Using data to examine:Where is it working well? Why?
Why is it not working elsewhere?
Slide1919
Monitoring and Evaluation
Assessing New Beginnings
Items to consider:Were
performance plans completed, approved employees, and filed on time?
Did employees participate in at least three documented performance discussions during the appraisal period?
Did PIPs
increase or decrease?
Did
appeals and grievances
related to ratings decrease?
Slide2020
UNION PROPOSAL _______
The labor management committee/forum will develop the necessary measurements and metrics that will be used in its review of the performance management system and its relationship to the organization performance. Within 30 days of the effective date of this agreement, the labor-management committee/forum will meet to establish those measurements and metrics.
OR…Bargaining Guidance
Slide2121
Bargaining Guidance
OR
The labor management committee/forum will develop the necessary measurements and metrics that will be used in its review of the performance management system and its relationship to the organization performance. The following
metrics
will be used;
Performance evaluations by level for each work unit (by supervisor) and at the department organizational level.
Number, type and reason of grievances filed by work unit and department level. This will include the outcome of the grievances.
Work unit and departmental organization assessments specific to accomplishing work/mission contribution.
Number, type, and amount (value) of performance based awards.
Survey data that reports organization health, morale, productivity, and effectiveness.
Information concerning work unit or organizational department acknowledging organizational performance (awards, citations, accommodations, etc.)
Identification of new or changed mission expectations that occurred during the evaluation period.
Other information which may have had a positive or negative effect on organizational performance (loss/addition of personnel, budget reduction or increase, system changes, etc.).
Number, work unit, and departmental QSI’s given.
Number, work unit, and departmental performance based promotions.
Number, work unit, and departmental performance based actions taken.
Timeliness of evaluations by work unit and departmental organization.
Slide2222
Bargaining Guidance
…
To the greatest extent practical, the labor management committee or forum will establish a benchmark reflective of these factors prior to the implementation of the new performance management system which will serve as basis for the examination of the system and determination of any necessary adjustments, changes, corrective actions and identification of areas where cultural change is not evident.
INFORMATION TO SUPPORT PROPOSAL
The proposal is consistent with
DoDI
1400.25 Volume 431 dated 04/02/2016, Section 3.1 GENERAL PROVISIONS.
A union may expand its right to information through collective bargaining.
Portsmouth Naval Shipyard,
80 FLRR 1-1463
,
4 FLRA 619
(FLRA 1980).
Slide2323
UNION PROPOSAL _____
The committee will review statistical data concerning the aforementioned measurements, metrics, programs and policies.
Bargaining Guidance
INFORMATION TO SUPPORT PROPOSAL
The employer will provide the union with all statistical data relied upon to develop performance standards for certain unit positions. Citing Social Security Administration, 88 FLRR 1-1306, 32 FLRA 982 (FLRA 1988).
5 U.S.C. §7114 (b) (4) can always be relied upon to support the union being provided information.
The proposal is consistent with
DoDI
1400.25 Volume 431 dated 04/02/2016, Section 3.1
Slide2424
UNION PROPOSAL _____
OPTION 1 - Changes recommended by the committee will either be addressed in a joint labor-management committee or forum empowered to enter into binding agreements. OPTION 2 - Changes recommended by the committee will be addressed through the use of traditional negotiation procedures.
Bargaining Guidance
INFORMATION TO SUPPORT PROPOSAL
Both proposals provide for a means to make changes in the procedures concerning changes in working conditions.
Slide2525
UNION PROPOSAL _____
The labor-management committee/forum will not be an adjudicating or deciding step in the resolution of any performance based grievance. They may however, use summary information of performance based grievances and personnel actions as part of their measurements and metrics used to analyze and make recommendations with respect to the performance management system for the purpose of correcting problems and deficiencies.
Bargaining Guidance
INFORMATION TO SUPPORT PROPOSAL
This proposal serves to preserve the negotiated grievance procedure as the exclusive procedure to resolve contractual and workplace differences while preserving the right to address systemic problems with the performance management system. It is important to note that a harmed employee may either elect the grievance procedure or an MSPS appeal if an adverse personnel action has occurred (removal, reduction in grade or pay, denial of a WGI). In the grievance procedure an employee could also grieve their rating even if an adverse action has not occurred.
Slide2626
FSED NOTE:
The new performance appraisal tool, MyPerformance, invites significant areas that require the negotiation of appropriate arrangements and procedures for all employees, with significant emphasis placed on areas where the use of this tool is not practical or possible, or in some way hindered by individual circumstances. These are likely to vary from organization to organization. These may include:Employees without computer access;
Employees with CACs that do not allow computer access;Employees with educational barriers;Employees with language barriers;Employees who work shifts and may not have duty time to complete the forms (e.g., guards); and,Access to information on New Beginnings placed on the internet and how to address how to get the information to employees without computer access.
These concerns, along with ensuring that employees are provided with sufficient training in how to use the MyPerformance tool kit, having adequate duty time, and information where employees can get assistance should also be considered in any union proposals.
Bargaining Guidance
Slide2727
UNION PROPOSAL _____
Should the Agency employ an electronic performance management system, all bargaining unit employees will be trained in its use prior to implementation. This training will include at a minimum such things as understanding how it works, what information is being kept, accessing information about oneself, entering information about oneself into the system, etc.
Bargaining Guidance
INFORMATION TO SUPPORT PROPOSAL
This proposal calls on the agency to provide "training" to employees. Agencies will claim that this fact alone puts the proposal outside the scope of bargaining. The Authority has held in a long line of cases that proposals requiring training in the performance of employees’ duties violate management's right to assign work, and so are outside the scope of bargaining. See
NFFE Local 1437 and
Picatinny
Arsenal
, 35 FLRA 1052, 1053-1057 (1990); and
AFGE Local 1931 and Naval Weapons Station
, 32 FLRA 1023, 1064-1065 (1988). However, the Authority has also held that proposals that require the agency to provide information or instruction on matters that did not concern the employees’ assigned duties, but still concerned conditions of employment do not interfere with management’s rights, and are mandatory subjects of bargaining. See
AFGE Local 3407 and Defense Mapping Agency
, 39 FLRA 557 (1991). The proposal in this section does not concern the performance of assigned duties, therefore, it is within the scope of bargaining.
Slide2828
UNION PROPOSAL _____
All bargaining unit employees will have access to computers and duty time for the purpose of utilizing the electronic performance management system. All efforts will be made to avoid disadvantaging employees who do not regularly use a computer in their jobs. To the extent the Agency requires employees to use computers for the Performance Management System, those employees will receive any necessary assistance.
Bargaining Guidance
INFORMATION TO SUPPORT PROPOSAL
Agencies might claim that this proposal interferes with its right to assign work, in which case the proposal would be outside the scope of bargaining, or concerns the technology of performing work, in which case the proposal would be permissive on the part of the agency. However, this proposal does not concern use of the computer system to perform assigned duties. Rather, it is analogous to the availability of a telephone that can be used for non-work-related calls, which was found to be negotiable as an appropriate arrangement in
AFGE Local 1122 and SSA
, 47 FLRA 272, 280-284 (1993).
Slide2929
UNION PROPOSAL _____
In cases where bargaining unit employees are unable to access the MyPerformance Tool Kit, appropriate arrangements will be made for each employee based on their circumstances following notification of the union.
Bargaining Guidance
Slide3030
UNION PROPOSAL _____
Employees, and their union representatives, if requested, will be able to see the performance related information about themselves that is kept in the system and will have a reasonable amount of time during their regular work schedules and the right to enter into the system their own achievements, successes and rebuttals to any information they believe is inaccurate. The system will not allow anyone to change anything that was entered by another person (i.e., supervisors cannot change an employee’s entries).
Bargaining Guidance
Slide3131
UNION PROPOSAL _____
The Agency will ensure that the electronic performance management system complies with all privacy requirements.
Bargaining Guidance
Slide3232
FSED NOTE: 5 USC 4302 requires agencies to establish performance appraisal systems providing for evaluation of "job performance." Union representational functions performed by employees on official time are not duties assigned by the agency. Bureau of Alcohol, Tobacco and Firearms v. FLRA, 83 FLRR 1-8039, 104 S. Ct. 439 (U.S. 1983).To intermingle performance of representational duties with the appraisal program would be inappropriate because appraisal of performance must be based solely upon the performance of agency duties. Office of Personnel Management, Explanation of Regulation, 5 CFR Part 430, 60 Fed. Reg. 43, 937.Employees who spend 100 percent of their time performing representational functions and those who spend a significant amount of time, as determined by the agency, cannot be given performance appraisal ratings of record. Office of Personnel Management, Explanation of Regulation, 5 CFR Part 430, 60 Fed. Reg. 43, 937.
Bargaining Guidance
Slide3333
UNION PROPOSAL _____
To the extent feasible, the Employer shall insure that employees are not statistically advantaged or disadvantaged by the assignment of downtime when evaluating their performance.
Bargaining Guidance
INFORMATION TO SUPPORT PROPOSAL
(AFGE, 38 FLRA 110 (1990))
A proposal requiring the agency to take into account the time available to perform work and to consider factors such as leave and training when evaluating performance affected management rights, but was deemed negotiable as an appropriate arrangement.
SSA, Office of Hearings and Appeals
, 93 FLRR 1-1118, 47 FLRA 705 (FLRA 1993).
Slide34Wrap up
34
Slide35Reaching out to members and non-members throughout the process
Locals’ responsibilities to members throughout
Locals communicating with members, with District/National
Working to make sure supervisors and management are held accountable
This training will continue to evolve as the process unfolds
Recap
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Slide36About 2,400 AFGE represented employees are transitioning into the system.
Some units have completed bargaining and are transitioning
Some units have transitioned without bargaining
Some units are still bargaining
We are hearing reports that management is trying to implement without bargaining
What’s happening so far…
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Slide37Unclear Announcements on implementation:
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What’s happening so far…
Attached, please find the subject Instruction.
DISA has determined they will be adopting the attachment in its entirety, the attached DoD Instruction 1400.25, Volume 431, titled "DoD Civilian Personnel Management System, Performance Management and Appraisal Program. The adoption of the aforementioned
DoDI
is intended to replace the DISA Instruction 220-15-55, Chapter 430. We will be providing you a memorandum from DISA leadership reflecting the Agency's adoption of the
DoDI
in the near future; we wanted to put the Instruction in your hands for review and concerns without further delay.
The effective date for implementation for this Instruction is upon completion of our statutory obligations under Chapter 71 of the Code of Federal Regulations.
As always, please feel free to contact me if you have any questions or concerns.
Slide38Unclear Announcements on implementation:
38
What’s happening so far…
Recommendation: When you get notice– send a Demand to Bargain!
Slide39Some questions we do not believe are getting adequately answered – answers could be opportunities for bargaining:
What is the time frame for implementation?
Are my current performance standards going to be revised? Will I get an opportunity to provide input?
When will supervisors meet with employees?
Am I going to get the time needed to document my performance during the course of the rating period?
Who is actually evaluating my work?
How will the agency import performance information into the new system?
Awards:
How will specific performance award amounts be determined?
How will QSI’s be determined?
What is the amount of money that will be used for performance awards?
How will decisions on who gets a performance award be made?
What information is going to be shared with the union on the distribution of awards?
What’s happening so far…
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Slide40As you prepare to roll into the system:
Have an organizing plan for your Local
Make sure you understand how the system works
Have a system for members to communicate with the Local
What to look out for:
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Slide41Organizing
Issue Organizing:Focus on an issue of high concernOrganize and recruit around the issue
Face-to-face recruitmentWorksite meetingsLunch and Learns
Town hallsCommunicationLink the employee’s needs with AFGE benefits/resources
41
Slide42Day 3 Wrap-Up Activity
Create an Organizing Plan for your LocalHow will your Local:Reach out to members and nonmembers
Encourage more active involvement and participation among current membersAssure you are making all members of your bargaining unit feel included and supported (members and nonmembers, all racial/ethnic/linguistic groups, all ages, various jobs and positions, various shifts, etc.)
Follow up with prospective membersWhat parts of the bargaining guidance will be most important to your Local? How will you communicate that to your members/potential members?
What resources can you utilize? (Local/District/National)
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Slide43Module 4 Objectives:
Apply various strategies to assure that a fair rating of record is received.List the types of documentation that should be kept by employees in case a rating of record must be challenged or a grievance filed.
Identify potential issues and problems to keep an eye on as your Local rolls into New Beginnings.
1
2
3
43
Slide44Questions?
44
Slide45Course Evaluation Survey:
Please complete the paper survey (both sides)
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Your feedback will help up continue to improve this course.
And don’t forget to keep
us updated as your Local rolls in!