ADR for Ratings Reconsideration under NSPS
An increasing number of DON offices are coming into the new National Security
Personnel System (NSPS). One feature of NSPS is “pay for performance,” which
links annual performance ratings with pay increases and bonuses. Performance
ratings are determined by a process that includes a self-assessment, a
supervisory assessment, and consideration by a Pay Pool Panel led by the Pay
Pool Manager. Under
DoD
1400.25-M, Subchapter 1940.12-4, employees who are not happy with the
outcome of the rating process may ask for reconsideration of their rating of
record. The manual notes that ADR is available for reconsiderations, consistent
with Component policies and procedures. This webpage describes how ADR is
provided for NSPS Reconsiderations in the Department of the Navy (DON).
The DON’s fundamental ADR
policy is to use ADR to the maximum extent practicable. The DON ADR Program
has worked with the Office of Civilian
Human Resources to develop an ADR process that is simple, quick, and
consistent with NSPS reconsideration rules. The process, “Facilitated
Discussion,” uses a neutral to help employees clearly present the facts that the
employee wants the pay pool manager consider. Facilitated discussion helps pay
pool managers by ensuring that their questions are answered, and that they have
the relevant facts necessary to make informed decisions. Under this process, the
pay pool manager still makes the decision, but the facilitator helps the parties
make their discussion more effective.
Facilitators use techniques that promote complete discussions while reducing
unproductive stress and confrontation. They strive to keep the discussion
productive by focusing on the key issues. If necessary, they ask helpful
questions to promote clarity. Facilitators can guide the discussion to bring to
the table all the information needed to make an informed decision. Facilitators
remain impartial and do not represent either party. They do not provide
substantive advice to either party, and do not express opinions regarding who is
right or wrong. As neutrals, they will keep the information that they learn
confidential under a law called the Administrative Dispute Resolution Act of
1996.
The flow chart on this page describes a standard process for reconsiderations,
and adds the ADR option in green. Employees also should review their pay pool’s
rules for any additional, local guidance. The complete statement on the
procedure is found in
DoD
1400.25-M, Subchapter 1940.12-4. It should be noted that this
reconsideration process is not the appropriate process to raise allegations of
illegal discrimination, or if the issue involves a bargaining unit employee
subject to a negotiated grievance procedure.
This is a new process. If your local Human
Resources Office or your Pay Pool Manager is not familiar with it, an ADR
Coordinator at the Human Resources Services Centers can assist.
Useful Links and Documents:
Facilitated
Discussion Brochure
Contact A DON ADR
Coordinator
NSPS
Issuance Addressing Reconsideration
DON NSPS Website
DoD
NSPS Website
DON Office of Civilian
Human Resources Website