ML20248A808
| ML20248A808 | |
| Person / Time | |
|---|---|
| Issue date: | 06/15/1989 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Wilson P SENATE |
| Shared Package | |
| ML20248A813 | List: |
| References | |
| CCS, NUDOCS 8908090033 | |
| Download: ML20248A808 (3) | |
Text
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WASHING TON, D. C. 20555
\\pa$): j June 15,1989 The Honorable Pete Wilson United States Senate Washington, DC 20510
Dear Senator Wilson:
This is in response to your May 24, 1989, letter to Chairman Zech concerning a February 8,1989, letter you received from Ms. Laurie Green-Miller.
In her letter, Ms. Green-Miller requested information concerning Merit System Protection Board case law and its relationship to NRC personnel policy.
S Enclosed for your information are two copies of a fact sheet which provides the answers to Ms. Green-Miller's questions concerning NRC's personnel policy and performance-based personnel actions.
Hopefully, this fact sheet will address Ms. Green-Millef's concerns.
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7 ctor Stello, Jr Executive Director for Operations
Enclosure:
As stated OcS%
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FULt. TEXT ASCll SCAN 8908090033 890615 PDR 66W.
M COMAS /UPA PDC
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FACT SHEET - NRC PERFORMANCE-RASED PERSONNEL ACTIONS
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BY WHAT AUTHORITY ARE PERFORMANCE-BASED PERSONNEL ACTIONS TAKEN AT THE NUCLEAR REGULATORY COMMISSION (NRC)?
A.
Performance-based perscenel 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 and the employees union.
'lQ.
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 l
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 accepted interpretations of Chapter 43.
O.
WHY DOESN'T NRC STATE IN ITS INTERNAL PERSONNEL POLICIES (e.g., NRC MANUAL CHAPTERS) THAT IT CONSIDERS MSPB CASE LAW BEFORE IT TAKES PERFORMANCE-BASED PERSONNEL ACTIONS?
A.
It is unnecessary to state in an NRC Manual Chapter or any other published 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.
Q.
WHAT HAPPENS WHEN AN NRC EMPLOYEE'S PERFORMANCE IS DEEMED UNACCEPTABLE?
A.
Whenever an NRC employee's performance is deemed unacceptable in one or more critical elements, supervisors are required to provide the employee an l
opportunity period in which to demonstrate acceptable performance.
The l
supervisor is also required to provide the employee with a performance l
improvement requirements memorandum which details how the employee failed to j
-p o t. hie / hor oerfnmance Standards and what he nr the can do durino the l
opportunity period to improve his/her performance.
Q.
WHAT PERSONNEL ACTION CAN BE TAKEN IF AN EMPLOYEE'S PERFORMANCE REMAINS UNACCEPTABLE AT THE END OF THE OPPORTUNITY PERIOD?
A.
If an emoloyee's performance remains unacceptable at the completion of the opportunity period, the supervisor shall initiate action to remove the employee from his/her position by reassignment, reduction in grade or removal.
, Q.
CAN AN NRC EMPLOYEE WHO IS REMOVED OR REDUCED IN GRADE PURSUANT TO CHAPTER 43 BECAUSE OF UNACCEPTABLE PERFORMANCE APPEAL HIS/HER REDUCTION IN GRADE OR REMOVAL 7 A.
An NRC employee who is a veterans' preference eligible can appeal his/her i
reduction in grade or removal based on unacceptable performance to the MSPB, or under the collective bargaining agreement if the employee is in the bargaining unit.
Non-veterans' preference eligibles may appeal either under I
the collective bargaining agreement if they are in the bargaining unit, or under the Agency administrative grievance system if they are not in the I
bargaining unit.
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