ARTICLE 8 - PERFORMANCE EVALUATION

The language in this Article continues unchanged from the previous Agreement.

 

PLEASE NOTE:
Language that is in bold typeface and underlined was added with this Agreement.
Language that is struckthrough was removed with this Agreement.
Language in Italics are annotations added by the Office of Collective Bargaining.

 

8.01 - Performance Evaluation

The Employer and the Association recognize the importance and value of a procedure for assisting and evaluating the performance, progress and success of employees.

The evaluation serves as a structured means of communication between the supervisor and employee and provides the supervisor with an increased awareness of the employee's working conditions, job efficiency, and productivity.  The evaluation will provide the employee an opportunity to correct specific performance problems and give the supervisor an opportunity to commend satisfactory and/or outstanding work performance.

8.02 - Evaluation Observation

Employees in the Teacher 1-4, Teaching Coordinator and Teacher, Deaf or Blind School classification titles, while serving a probationary period following any original appointment, shall be observed by the Principal, and/or Assistant Principal no less than one (1) time in each half of the probationary period for a consecutive period of not less than twenty (20) minutes.  The Principal, and/or Assistant Principal, shall discuss the classroom observation with the employee at a post-observation conference.

Said employees who have completed probationary period shall be observed no less than one (1) time in a calendar year for a consecutive period of not less than twenty (20) minutes.  The evaluator shall discuss the classroom observation with the employee at a post-observation conference.

8.03 - Performance Evaluation Procedures

It is intended that evaluations shall be accurate, fair and non-prejudicial.  The frequency of performance evaluations shall not be used to harass employees.  All formal performance evaluations of full-time employees shall be completed on a form provided by the Employer.  The evaluator shall discuss the performance evaluation with the employee.  The employee shall sign the completed evaluation only to indicate that he/she has discussed the evaluation with the evaluator and received a copy of the evaluation form.  The employee's signature does not necessarily indicate agreement with its content.  Refusal of the employee to sign the evaluation at the time of receipt shall constitute waiver of the employee's right to a review of the performance evaluation by the employing agency.  When an employee refuses to sign the evaluation, the supervisor shall document such refusal on the evaluation form.

Within three (3) working days after the employee's receipt of the completed evaluation form, the employee shall have an opportunity, if desired, to make written comment concerning the evaluation.  Such comment shall be made on the evaluation form or attached thereto.

8.04 - Probationary Evaluation

The first performance evaluation shall be completed within thirty (30) days before or after the conclusion of the first half of the probationary period.  The second performance evaluation shall be completed no later than ten (10) days prior to the completion of the second half of the probationary period.  Should the employee be given a probationary separation following original appointment or reduction following a promotion during the second half of the probationary period, the second probationary evaluation will be made at or before the time of separation or reduction.

Probationary evaluations need not be signed by the employee for a probationary removal or reduction to be effective.

8.05 - Annual Performance Evaluation

Effective July 1, 2001, all non-probationary employees in the Department of Education shall be given an employee performance evaluation in the period 60 days prior to the end of the school year.  All other non-probationary employees shall be given an employee performance evaluation during the sixty (60) day period immediately preceding the employee’s next step increase or salary advancement as set forth in Article 21.  Those employees who are at the top step shall be evaluated annually, thereafter.

Employee performance evaluations shall be used for all purposes for which employee evaluations are normally used, including but not limited to, merit based incentive programs designed to award employees for specific form of job performance.  The parties agree to impact bargain on the implementation of merit based programs.  If either party declares impasse the Employer reserves the right to implement its program.  Any disagreement regarding the implementation of merit based programs is not subject to the grievance and arbitration procedures in Articles 5 and 6. 

The performance evaluation shall include a summary conclusion section for the supervisor to rate the employee’s overall performance as either “satisfactory” or “unsatisfactory.”  The Association shall be provided with an opportunity to review and consult on the form developed as well as the instructions for implementation.

Explanation:

This language addresses the Employer’s concern that unsatisfactory employees are rewarded for service and increases the same as satisfactory employees are rewarded. 

Attention:

Agency Directors, Supervisors and Managers; Labor Relations and Personnel Officers; Department of Administrative Services, Human Resources Division.

Instruction:

Agencies that previously completed performance evaluations for all employees at the same time must now schedule performance evaluations in conjunction with the date the employee should receive a step increase.  The Employer may continue to evaluate employees who are at the top step of their pay range at the same time.  Agencies should develop a system to notify supervisors when each employee’s performance evaluation is due.  Supervisors must complete employee performance evaluations on time.
   
 

Freezing of step movements in Article 21 shall not affect the performance evaluation schedule. 

Effective Date:

July 1, 2003

 

8.06 - Annual Performance Evaluation Review

Performance evaluations may be appealed by submitting a “Performance Evaluation Review Request” to the Management designee (other than the Employer representative who performed the evaluation) within seven (7) days after receipt by the employee of the completed evaluation.  A conference shall be scheduled within seven (7) working days and a written response submitted within seven (7) working days after the conference.

If the employee is still not satisfied with the response, the employee may appeal his/her performance evaluation to the Agency designee (e.g., Human Resources, Labor Relations).  This level of appeal shall not be available to any employee who has received a rating of “Meets” or “Above” in all categories.

The appeal shall contain a reason and/or documents to identify why the performance evaluation is not accurate.  Any documents used by the Employer in evaluating an employee’s performance shall be furnished by the Employer to the employee upon request.  The Agency designee may hold a conference or do a paper review of the performance evaluation.  A written response will be issued within fourteen (14) calendar days after the appeal is requested.  The performance evaluation appeal process is not grievable, except as outlined below:

If an employee is denied a step increase because his/her overall performance is rated “unsatisfactory,” the employee may appeal such action directly to Step Three (3) of the Grievance Procedure.  If the grievance is unresolved at Step Three (3), appeal may be taken to The Office of Collective Bargaining.  No further appeal may be taken.  Should the appeal be successful, the step increase shall be retroactive to the date on which it was due.  If the employee’s performance evaluation is not completed on time, the employee shall not be denied a step increase.

Explanation:

This language clarifies the performance evaluation appeal process.  There are three tracks to the performance evaluation appeal process:

 

  1. Employee receives an overall performance  rating of satisfactory, receives "Meets" or "Above" ratings in all categories, but is still dissatisfied with his/her performance evaluation. 
    Steps:
    1. Employee appeals the performance review to the Management Designee within seven (7) working days of receiving the evaluation by submitting a “Performance Evaluation Review Request.”
    2. A conference is scheduled to be held within seven (7) working days of Management’s receipt of the appeal.
    3. Management submits its response to the employee within seven (7) days of the appeal conference.  Management’s response is final.  This decision is not grievable.
  2. Employee receives an overall rating of “satisfactory,” but receives one or more “Below” ratings on the evaluation.
    Steps 1 – 3 are the same as above.
    1. The employee may file an appeal with the Agency designee, complete with a reason and/or documents outlining why the performance evaluation is not correct.
    2. The Agency designee may hold a conference or do a paper review of the information submitted with the appeal.
    3. The Agency designee shall issue a written decision within fourteen (14) days after the appeal is made.  This decision is not grievable.
  3. Employee receives an overall rating of “unsatisfactory” on his performance evaluation and is denied a Step Increase.
    Steps:
    1. Employee may file a grievance directly at Step Three (3) of the Grievance Procedure.  Timelines and procedures for responding to the grievance are as outlined in Article 5.
    2. If the grievance is unresolved at Step Three (3), the Union may appeal the grievance to the Office of Collective Bargaining.  The decision of the Office of Collective Bargaining shall be final.
    3. If the appeal is successful and the employee’s overall rating is changed to “satisfactory,” the employee shall be granted the Step Increase retroactive to the date it was due

Attention:

Agency Directors, Supervisors and Managers; Labor Relations and Personnel Officers; Department of Administrative Services, Human Resources Division.

Effective Date:

July 1, 2001