Union Files National Grievance over SEC's Breach of Agreement Not to Use Pilot Run Ratings


8/23/12: Last week, NTEU Chapter 293 filed a national grievance against the SEC seeking an order compelling the agency to stop its use of the numerical ratings from the FY 2011 pilot run of the so-called "evidence based" performance management system ("EBP"). The Union expects that it will be necessary to take this matter to arbitration.

Last year, as part of an agreement with the Union to permit the agency to move forward with a "pilot run" of the EBP system, the SEC agreed that it would not use the numerical ratings for any official purpose:

“The 5-level numerical ratings generated under the 2011 Pilot Program of the SEC’s new performance management system for the rating period ending September 30, 2011 will not be used for any official purpose, including as the rating of record for SEC employees (or, as previously agreed, in connection with any reduction in force or furlough of SEC employees), and will not be maintained in the official personnel folder of SEC employees but may be retained in performance files."

Despite this clear agreement, the SEC has continued to permit managers to accept copies of these numerical ratings in connection with promotions and reassignments at the agency, necessitating the Union's filing of a national grievance.

We will keep you posted regarding the progress of this grievance, which we expect to win.