A publication of the National Air Traffic Controllers Association
Issue link: http://natca.uberflip.com/i/715503
25 D. If the employee's performance has not improved to an acceptable level, in accordance with 5 USC ยง 4303, the Emp loyer will provide the employee t hirty (30) days advance written notice of the p roposed action, which may be a reduction in grade or removal for unacceptable performance. The notice will contain the specific instances of unacceptable performance by the employee on which the proposed action is based and, the critical elements of the em ployee's position involved in each instance of unacceptable performance, the right to be represented by an attorney or other representative, the right to respond orally and in writing and the name and title of the official designated to hear an oral and/or receive a written reply. The Employee has the opportunity to respond to the notice orally and in writing within fifteen (15) days from the date the employee receives the notice proposing the action. The employee may request an extension in writing, with justification, to the Employer and the Employer may grant an extension of the reply period. E. The Employer shall consider the employee's reply and then provide the employee with a written decision concerning the proposed action. The Employee may have rep resentation during all phases including the oral response. F. An Employee and his/her Union Representative shall be granted a reasonable amount of official time, if otherwise in a duty status to review the material relied upon by the Employer in proposing a reduction in grade or removal and for the purpose of preparing and presenting answers to proposed actions covered under this Article. G. An Employee against whom action is proposed under this Article and his/her Union Representative shall have the right to review all of the information relied upon to support the action and shall be given a copy of the information upon the Employee's or Union Facility Representatives written request. H. In no case will the final decision to take corrective action be based on a matter not specified in the notice of proposed action. I. The decision to retain, reduce in grade, or remove an employee shall be made within thirty (30) days after the date of expiration of the notice period.