ML20246L944
| ML20246L944 | |
| Person / Time | |
|---|---|
| Issue date: | 08/07/1989 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Dodd C SENATE |
| Shared Package | |
| ML20246L951 | List: |
| References | |
| CCS, NUDOCS 8909070066 | |
| Download: ML20246L944 (4) | |
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NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D. C. 20555
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August 7, 1989 The Honorable Christopher J. Dodd United States Senator
.Putnam Park 100 Great Meadow. Road Wethersficid, CT 06109
Dear Senator Dodd:
LThis is in' response to your July 6,1989 letter to the Director,.0ffice of.
Congressional Affairs, U.S. Nuclear Regulatory Commission, concerning the
~ June'23, 1989 letter you received 'from Mark J. Spare.
In his -letter, Mr. Spare requested information concerning Merit Systems Protection'Eoard case law'.and its relationship to'"...the agency's enforcement-of its performance appraisal authority." Enclosed for your information are two copies of a fact sheet which provides the answers to some commonly asked questions concerning NRC's personnel policy on. performance-based actions and its relationship to Merit Systems Protection Board case law.-
Hopefully, this-fact sheet will address Mr. Spare's concerns.
Sincerely, J ies M. Ta or eting Executive Director for Operations.
Enclosure:
As stated FULL TEXT ASCil SCAN OCSA f
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8909070066 89080'7 PDR ORG NE E
FACT SHEET - NRC PERFORMANCE-RASED DERSONNEL ACTIONS 0.
BY WHAT AUTHORITY ARE PERFORMANCE-BASED PERSONNEL ACTIONS TAKEN A REGULATORY CDMMISSION (NRC)?
Performance-based personnel actions at the NRC are taken pursuant to A.
a3 of Title 5 of the United States Code and, if applicable, the Chapter collective bargaining agreement between the NRC and the employees union.
WHY DOES THE NRC CONSIDER MERIT SYSTEMS PROTECTION BOARD (MSPB) CASE Q.
BEFORE IT TAKES A PERFORMANCE-BASED PERSONNEL ACTION?
Since its creation in 1978, the MSPB has been the primary source of case law A.
interpreting the meaning and proper application of Chapter 43 of Title 5 of the United States Code. Therefore, before taking performance-based personnel actions, the NRC considers MSPB case law to ensure that those actions are consistent with generally acceptea interpretations of Chapter 43.
WHY DOESN'T NRC STATE IN ITS INTERNAL PERSONNEL POLICIES (e.g., NRC MANUAL 0.
CHAPTERS) THAT IT CONSIDERS MSPB CASE LAW BEFORE IT TAKES PERFOR PERSONNii ACTIONS?
It is unnecessary to state in an NRC Manual Chapter or any other published A.
policy that the NRC considers MSPB case law since all Federal agencies, including the NRC, consider the opinions of courts and Federal agencies charged with interpreting statutes which are applicable to agency actions.
WHAT HAPPENS WHEN AN NRC EMPLOYEE'S PERFORMANCE IS DEEMED UNACCE Q.
Whenever an NRC employee's performance is deemed unacceptable in one or more A.
critical elements, supervisors are required to provide the employee an The l
opportunity period in which to demonstrate acceptable performance.
supervisor is also required to provide the employee with a performance improvement requirements memorandum which details how the employee failed to meet his/her performance standards and what he or she can do during the opportunity period to improve his/her performance.
WHAT PERSONNEL ACTION CAN BE TAKEN IF AN EMPLOYEE'S PERFORMANC O.
UNACCEPTABLE AT THE END OF THE OPPORTUNITY PERIOD?
If an employee's performance remains unacceptable at the completion of the i
A.
opportunity period, the supervisor shall initiate action to remove the employee from his/her position by reassignment, recuction in grace er removal.
FACT SHEET - NRC PERFORMANCE-RASED DERSONNEL ACTIONS 0.
BY WHAT AUTHORITY ARE PERFORMANCE-BASED PERSONNEL ACTIONS TAKEN AT THE NU REGULATORY COMMISSION (NRC)?
A.
Performance-based personnel actions at the NRC are taken pursuant to Chapter 43 of Title 5 of the United States Code and, if applicable, the collective bargaining agreement between the NRC an:1 the employees union.
Q.
WHY DOES THE NRC CONSIDER MERIT SYSTEMS PROTECTION BOARD (MSPB) CASE LAW BEFORE IT TAKES A PERFORMANCE-BASED PERSONNEL ACTION?
A.
Since its creation in 1978, the MSPB has been'the primary source of case law interpreting the meaning and proper application of Chapter 43 of Title 5 of the United States Code. Therefore, before taking performance-based personnel actions, the NRC considers MSPB case law to ensure that those actions are consistent with generally accepteo interpretations of Chapter 43.
WHY DOESN'T NRC STATE IN ITS INTERNAL PERSONNEL POLICIES (e.g., NRC MANUAL D.
CHAPTERS) THAT.IT CONSIDERS MSPB CASE LAW BEFORE IT TAKES PERFORMAN PERSONNEL ACTIONS?
It is unnecessary to state in an NRC Manual Chapter or any-other published A.
policy that the NRC' considers MSPB case law since all Federal agencies, including the NRC, consider the opinions of. courts and Federal agencies charged with interpreting statutes which are applicable to agency actions.
WHAT HAPPENS WHEN AN NRC EMPLOYEE'S PERFORMANCE IS DEEMED UNACCEPTA Q.
Whenever an NRC employee's performance is deemed unacceptable in one or more A.
critical elements, supervisors are required to provide the employee an The opportunity period in which to demonstrate acceptable performance.
supervisor is also required to provide the employee with a performance improvement requirements memorandum which details how the employee failed to meet his/her performance standards and what he or she can do during the opportunity period to improve his/her performance.
WHAT PERSONNEL ACTION CAN BE TAKEN IF AN EMPLOYTE'S PERFORMANCE D.
UNACCEPTABLE AT THE END OF THE OPPORTUNITY PERIOD?
If an employee's performance remains unacceptable at the completion of the A.
opportunity period, the supervisor shall initiate action to remove the employee from his/her position by reassignment, reduction in grade or removal.
e u
August 7, 1989 p
.The ' Honorable. Christopher J. Dodd-United. States Senator Putnam Park' 100 Great Meadow' Road Wethersfield, CT' 06109
Dear Senator Dodd:
This1 1s in response to your July 6,1989 letter to the Director, Office of
-Congressional Affairs, U.S. Nuclear Regulatory Commission, concerning the June 23, 1989 letter you received from Mark J. Spare.
l In his letter, Mr. Spare requested-information concerning Merit Systems Protection Board case law and its relationship to "...the agency's enforcement
'of its performance appraisal authority." Enclosed for your -information:are two copies of a fact sheet which provides the answers to some comonly asked'.
questions concerning NRC's personnel policy on performance-based actions and its relationship to Merit Systems Protection Board ~ case law.
Hopefully, this fact sheet will address Mr. Spare's concerns.
Sincerely, 0%in3i 9:ne n :
j hmts t.L 3,L- -
l James M. Taylor Acting Executive Director for Operations
Enclosure:
As stated l
DISTRIBUTION-ED0-4604 EDO r/f (2)
CA CRC-89-0638 IG SECY(2)
OC OP89-269 OP r/f-(2)
LR r/f.
CHarris IG DOC: SENATOR D0DD MMalsch - Phone concurrence, proceed as is.
DISK:. CAROL 7 8/3/89 LR:0P LR:0P OD:0P ED0 SECY CA.i /
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F CHarris:cm*
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JTaylor j
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- See previous concurrence Y
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