Article 31
Performance Based Awards
Section 1
There is no entitlement to a performance award or other type of incentive award. All awards are subject to budgetary limitations and are paid at the discretion of the Office. The award plan will be in effect for the latter half of FY 01 and for all of FY 02 and years forward.
Section 2
The following are criteria for eligibility after a determination is made to provide performance awards:
A. No award shall be given under this article unless the Trademark Examining Attorney is fully successful in all critical elements of the performance appraisal plan.
B. The employee must be employed by the Office on the last day of the performance appraisal cycle or productivity award cycle as applicable.
C. Approved overtime and compensatory time hours will be applied towards examination hours for the purpose of determining eligibility for awards.
Section 3: Productivity Awards
- Any Trademark Examining Attorney receiving a rating of "5" in the Critical Element of Production and at least a rating of "3" in every other Critical Element, or any Trademark Examining Attorney working at the outstanding level of performance in Production as of mid-year and at least working at the fully successful level of performance in every other critical element as of mid-year, will be recommended for an award amount based on the productivity awards scale in Appendix X.
- Two productivity awards may be paid each year; after the first six months of the fiscal year and at the end of the fiscal year.
- Any Trademark Examining Attorney who receives a rating of "4" in the Critical Element of Production and at least a rating of "3" in every other Critical Element shall be recommended for an award if he/she attains a 105% - 109% quantity of production. Any Trademark Examining Attorney who is working at the Commendable Level of performance in production and who is working at the fully successful level of performance or better in every other critical element as of mid year shall be recommended for an award if he/she attains a 105% - 109% quantity of production. If the examining attorney examines over 300 examining hours in the six month award period, the recommendation will be the greater of the following:
- one half the amount shown on the productivity awards scale in Appendix X; or
- ½% of salary, if more than 625 hours on primary duties; or
- ½% of salary, if less than or equal to 625 hours on primary duties, prorated as follows:
Number of Hours
on Primary Duties x ½% of salary = Reduced Award
625
A Trademark Examining Attorney must examine at least 300 hours during the six month award period to be eligible for an award under this paragraph.
- No employee receiving an outstanding in production who examines at least 300
examining hours during a six-month award period will be recommended for an award lower than he/she would have been recommended for had the employee been merely commendable in production.
Section 4: Quality Awards
A. Any Trademark Examining Attorney who receives an average of "5" on the two Critical Elements of Quality and at least a rating of "3" on every other Critical Element shall be recommended for an award of 3% of salary.
B. No award shall be given under this section unless the Trademark Examining Attorney has examined at least 600 hours during the rating year. If an Examining Attorney examines more than 600 hours but less than 1250 hours in the rating year, the Examining Attorney's award shall be computed as follows:
Number of Hours
on Primary Duties x Award = Reduced Award
1250
C. Quality performance awards will be only be paid after the end of a full annual performance appraisal cycle.
Section 5: Mentoring Award
- Any Trademark Examining Attorney who receives an average of "5" in mentoring and at least a rating of "3" on every other Critical Element shall be recommended for an award of 1/4% of salary for every month an employee mentors another employee without partial signatory authority and/or 1/10% salary for every month an employee mentors another employee with partial signatory authority. The award amount is calculated by multiplying the % of salary times the number of employees mentored.
- Mentoring awards will be only be paid after the end of a full annual performance appraisal cycle.
Section 6
A. All awards recommended under this program are subject to review and approval in accordance with 5 CFR 430.504(d). Such approval shall not be withheld unless the decision is based on criteria that are uniformly applied to all employees. Notices of disapproval must be in writing and explain the reason(s) for the disapproval.
If, due to a shortage of funds for awards, employees do not receive the full award for which they may be eligible, they will receive a pro rata share of the awards pool.
Section 7
Should the Office decide to change any portion of the performance appraisal plan which could result in a modification of the awards set forth in this article, the parties agree to reopen negotiations over the portion of the article affected by the change.
Section 8: Quality Step Increases
A. Criteria:
To qualify an employee must:
1. have a current summary rating of outstanding for the current appraisal cycle;
2. have occupied the same grade and type of position for at least six consecutive months before the end of the appraisal cycle and be expected to continue at this high level of performance in the same grade and type of position for at least 60 days after the effective date of the increase;
3. not be in the top step of his or her pay range;
4. not have a promotion in progress or anticipated within 60 days after the effective date of the increase; and
5. not have received a QSI within 52 consecutive calendar weeks preceding the effective date of the increase.
B. If the employee satisfies the criteria outlined in A, the employee may receive the QSI; however, if the Office decides to grant the employee the QSI, the employee will have the option of electing between the QSI and the applicable cash award (SSP). The election need not be made until the amount of the cash award has been determined.
