Civilian Personnel Management and Non-US Citizen Employees

Civilian Personnel Management and Non-US Citizen Employees
Administration of Non-US Citizen Employees Presented by: 86 FSS/FSPC Ramstein Air Base, Germany

Course Administration:
Class hours / Breaks Handouts / Course Critiques Subsistence Rest rooms Smoking Certificates

Introductions: Please interview your assigned partner and introduce him/her to the class. Find out and share the following info: Name, Job Title and Work Center/Job Professional Background (length of service, previous jobs, how long as supervisor of Non-US, how many Non-US currently under supervision) Personal Info as desired, i.e. marital status,children, hobbies Specific items they want to hear about in this course

Cultural Perspective of Supervising Non-US Employees
UNIT 1

Purpose: To highlight cultural differences and similarities between US and Non-US employees and to raise the level of awareness for the impact of cultural differences on work performance, attitudes and expectations To clear up some myths regarding administration of Non-US employees as compared to US employees. To enhance the awareness of benefits gained by understanding and respecting different cultural backgrounds of the workforce members

Supervisory Authority and Responsibilities
Civilian Personnel Flight (CPF) Supervisor Appointing Authority Selecting Official Personnel Administration Personnel Management Direction to Supervisors Placement Guidance Motivation Advice Supervision Control Counseling and Rewarding

Civilian Personnel Management Course (CPMC) - NUS
86TH AIR BASE WING Civilian Personnel Management Course (CPMC) - NUS Employee Management Relations (EMR) “CITUS ET CERTUS”

Functions of EMR General Employment Conditions/Legal Basis Non-Us Employee Management Relations

Responsibilities/functions of EMR
TOPICS Responsibilities/functions of EMR GENERAL EMPLOYMENT CONDITIONS NATO SOFA agreement German Labor laws CTA II Protection Agreement USAFE Instructions Working Contract

Responsibilities/Functions of EMR
Advice and assistance on personnel/labor relations matters Guidance and advice on legal and tariff matters Assistance to accomplish personnel management responsibilities Conduct and Discipline Absences (sickness, annual leave, administrative leave) Works Council Coordination Labor Court actions Employee counseling

Supplementary Agreement to the NATO Status of Forces Agreement (SOFA) (1 of 2)
International treaty concluded between the USA, Canada, UK, France, Belgium, Netherlands and the FRG Article 56 German Labor Law, as applicable to civilian employees working with the German Armed Forces... shall apply to employment of civilian labor with a force or a civilian component.

Article 56 (cont’d) The German authorities, in agreement with the authorities of a force or a civilian component shall establish the terms and conditions of employment ... and shall conclude tariff agreements. Disputes arising from employment shall be subject to German jurisdiction.

Law provisions may apply if a matter is not
specifically regulated by CTA II Part-Time and Temporary Employment Act (Teilzeit- und Befristungsgesetz) Work Hours Law (Arbeitszeitgesetz) Law on Protection From Termination of Employment (Kuendigungsschutzgesetz) Federal Leave Act (Bundesurlaubsgesetz)

* Selection of most important protection laws
Mother Protection Law (Mutterschutzgesetz) Parental Leave Law (Bundeserziehungsgeldgesetz) Social Code IX, Rehabilitation and Participation of Severely Handicapped People (SGB IX, Rehabilitation und Teilhabe behinderter Menschen) Federal Personnel Representation Law (Bundespersonalvertretungsgesetz) Law on Protection of Persons Inducted to the Forces * Selection of most important protection laws

Work Hour Law (Arbeitszeitgesetz)
Purpose: To promote safety and health of employees and to provide flexibility in the establishment of work schedules Establishes maximum daily work hours Imposes minimum requirements for breaks and rest periods Imposes restrictions for Sunday and Holiday work.

Federal Leave Act (Bundesurlaubsgesetz)
Imposes the requirement for employers to grant annual leave for their employees Minimum duration of annual leave is 24 workdays per calendar year. Purpose of leave (no other gainful employment during leave) Addresses waiting period, partial leave, transfer of leave. Regulated by Art. 33, CTA

Establishes Maternity Leave
Pregnant females may not be employed six weeks before confinement (can be waived, if desired by employees Prohibits employment eight weeks after childbirth Notification of employer about pregnancy and proposed date of childbirth. Protection from termination during pregnancy and until four months after childbirth. Special restrictions on physical job requirements and establishment of the work site during pregnancy.

Rehabilitation and Participation of Severely Handicapped People (Social Code, Art IX) (Rehabilitation und Teilhabe behinderter Menschen, SGB IX) Defines handicapped status Severely disabled status with a recognized handicap between 50 percent and 100 percent Assimilated status (more than 30 percent but less than 50 percent; Labor Office assigns “assimilated status” if job is endangered as a result of the handicap).

Rehabilitation and Participation of Severely
Handicapped People (Social Code, Art IX) (Rehabilitation und Teilhabe behinderter Menschen, SGB IX) Establishes the requirement for the election of Severely Handicapped Employees’ Representatives (SHER) if at least five severely handicapped employees are employed (status like a Works council member). Provides special protection from termination: concurrence from Integration Office and hearing of SHER required. Additional Leave (specifically regulated in Art 34 CTA II)

Federal Personnel Representation Law (Bundespersonalvertretungsgesetz)
USAFER 40-36, Annex B, Labor Management Relations USAFER 40-36, Annex B, Labor Management Relations Legal basis for all Works Council related matters Definition of an “agency” Imposes the requirement for the establishment of Works Councils Election and Composition of Works Councils Status of Works Council members Works Council structure (local, district, command) Matters subject to Works Council participation.

Law on Protection of Persons Inducted Into the Armed Forces (Arbeitsplatzschutzgesetz)
Prohibits termination for employees who are drafted for military service (Grundwehrdienst) or military training (Wehrübung). Applies to all persons who hold citizenship of a European Community country.

PART-TIME AND TEMPORARY EMPLOYMENT ACT
Effective 1 January 2001 Addresses and regulates Part-Time and Temporary employment Grants employees entitlement for part-time employment if employed more than six months. Employer must request reduction of work time at least 3 months before proposed start. Employer must concur unless impossible for compelling operational reasons. Preferential treatment concerning extension of work time.

COLLECTIVE TARIFF AGREEMENT

Collective Tariff Agreement (CTA II) 16 Dec 66 Parties to the agreement are the German Federal Government and German Labor/Industrial unions Secretary of Finance represents the German Government HQ USAREUR/HQ USAFE/AAFES Europe represent the Sending States Forces in Tariff negotiations Employees are entitled to the benefits and protections of CTA II, regardless of union membership. CTA II establishes minimum employment conditions USAFE Pam G (German) USAFE Pam (English translation of CTA II - without appendices)

Major Part I - General Provisions
Section 1: Scope of Application and Special Provisions Section 2: Employment Contract Section 3: Period of Employment Section 4: Hours of Work Section 5: Principles of Pay Section 6: Loss of Work Hours

Major Part I - General Provisions
Section 7: Sickness Section 8: Leave Section 9: Compensation Section 10: Social Provisions Section 11: Termination of Employment Section 12: Other Provisions

Major Part II General Provisions on Grading and Pay Steps
Section 13: Classification into Wage and Salary Groups Section 14: Assignment of Salary Steps Section 15: Wage Group Classification A for Wage Earners Section 16: Salary Group Classification C for Salaried Employees

Major Part III Wage and Salary Tariff Major Part IV - Final Provisions
Section 17: Wage Tariff A for Wage Earners Section 18: Salary Tariff C for Salaried Employees Major Part IV - Final Provisions Section 19: Arbitration Procedures Section 20: Entry into Effect and Termination

Appendices A-Z C Special Provisions for Salaried Employees
Appendix: A Special Provisions for Wage Earners C Special Provisions for Salaried Employees F Special Provisions for Drivers H Special Provisions for Employees in Catering Establishment and Billets K Special Provisions for Employees in Hospitals/ Medical Facilities P Special Provisions for Fire Fighting Personnel R Provisions on Employment Outside the Permanent Duty Station S Severely Allowance

Appendices A-Z Appendix:
T Special Provisions for Employees in Retail Activities V Vacation Bonus W Christmas Bonus Z Special Provisions for Employees in Civilian Support Groups Please note: Only most important appendices are listed.

Protection Agreement (a/o 2 July 1997)
Tariff Agreement on Protection from Rationalization Measures Termination of Employment Income Protection

Protection Agreement (a/o 2 July 1997)
Personal Scope of Application 2 years of Employment 21 Years of Age Indefinite employment

Organizational Measure Transfer of Employment (Art 613a, Civil Code)
Protection Agreement (a/o 2 July 1997) Organizational Measure Deactivation Merger Relocation Reorganization Transfer of Employment (Art 613a, Civil Code)

USAFE Instructions/Pamphlets/Policies
USAFEI addresses other aspects of employment conditions in terms of CTA II implementation and conditions of employment established outside of CTA II. Issued by HQ USAFE, coordinated with Command Works Council 36-series, USAFE Instructions address LN administration (formerly 40-series, USAFE Regulations) USAFE Pamphlets Local Policies Shop Agreements (matters covered by Works Council’s codetermination) Agreements/policies may require works council coordination

Employment Contract LN Employees are appointed under an individual employment contract (USAFE Form 825) Outlines basic conditions of employment (e.g.. position title, pay grade, employing organization, duty station, regular work hours, etc.) Contract specifies that the employee is appointed under terms of CTA II (reverse side of USAFE Form 825) Major changes in employment conditions require a termination due to change of employment conditions or employee’s consent. Basis for USAFE Form 825 is the Personnel Action Request (USAFE Form 52) to be submitted by management to CPO.

86 MSS Civilian Personnel Flight Non-US Section
Non-US Classification 86 MSS Civilian Personnel Flight Non-US Section Classification Chief Wolfgang Frenzel Classification Specialists: Spies Melitta /4214 Johnson Petra Roberto Saldanha da Costa

to Non-US Classification
Introduction to Non-US Classification Legal basis for Non-US positions: Collective Tariff Agreement II (CTA) II, dated 16 Dec 66

Review vacancies for better use of manpower resources
Responsibilities - Supervisor Assign duties and responsibilities in accordance with your mission and function requirements Review vacancies for better use of manpower resources

Responsibilities - Supervisor
Review position descriptions periodically and ensure the understanding of expectations within the assigned area of responsibility Ensure the position description reflects an accurate statement of duties, functions and responsibilities performed by the position incumbent

Responsibilities – Supervisor
(Cont.) Coordinate personnel actions with higher level management and manpower prior to submission to Civilian Personnel Certify with signature that described duties and responsibilities are performed and recognize the dollar value placed on those certified duties.

Supervisor’s Certification
“I certify that this CPD is an accurate statement of the major duties, knowledge’s, skills and abilities, responsibilities, physical and performance requirements of this position and its organizational relationship. The position is necessary to carry out government functions for which I am responsible. This certification is made with the knowledge that this information is to be used for statutory purposes relating to appointment and payment of public funds and that false or misleading statements may constitute violations of such statutes or their implementing regulations.”

in Position Classification
Supervisor’s Role in Position Classification Influence the classification of a position - Only assign duties which are necessary for the function – if not, you initiate unnecessary cost for the Air Force - Describe duties accurately – if not, you may cause an inaccurate classification - Higher or lower level duties must be coordinated with the Works Council or you violate the German Personnel Representation Law (i.e. unnecessary upgrades/costs, unfair treatment, poor utilization of management resources, etc.)

in Position Classification
Supervisor’s Role in Position Classification Do not promise a Promotion Wait until the position is properly classified to avoid any problems - Supervisor has responsibility to assign and re-structure based on duties and responsibilities required and not based on a particular person in the position

in Position Classification (Cont.)
Supervisor’s Role in Position Classification (Cont.) Recruit/Fill Review position description for accuracy of duties and responsibilities of the job If necessary: Take this time to prepare a more accurate position description and report/indicate any changes, especially substantial changes - so the classifier can determine possible impacts/changes in the classification for subject position.

Supervisor’s Role in Position Classification (Cont.) Position Review Basis for a change in position description is the change in mission and/or function If not: Do not attempt to upgrade the position. Consider to reward employees through the incentive awards program Classification cannot consider: - how efficient, loyal or understanding the employee is how much work she/he performs (workload), etc. how much the German Industry pays

Supervisor’s Role in Position Classification (Cont.) Position Audit (based on discretion of Classifier) Collect all facts before classifier comes to audit the position. Analyze the duties yourself to determine difficulties, responsibilities and impact of the position. Provide as much information to the classifier as you can. The information provided helps the classifier to determine if the position warrants upgrading, downgrading, or if it should remain the same.

Responsibilities - Classification
Advise on position classification and management principles/standards and different ways to achieve your functional objectives Review new position descriptions (outlines) provided by management IAW supporting documents (i.e. organizational chart, subordinate positions, etc.)

Responsibilities - Classification
Review new position descriptions (outlines) provided by management IAW supporting documents (i.e. organizational chart, subordinate positions, etc.) Verify duties and responsibilities described IAW the mission/function, scope and complexity of position

Responsibilities – Classification
(Cont.) Determine and assign US/LN position title based on OPM series definitions and German titling provisions (i.e. German labor office publications) Grading of position based on the CTA II and review of proper pay plans and/or leader supplement requirements Final preparation of position description based on determination of occupational series, title provisions and grading criteria’s

How to write a Position Description Step 1: Purpose of the Position Describe with a short statement the purpose of the position and the authorized function of the organization in which the position is located - This will help understand the basic reason for the position’s existence and the relationship to other positions in the organization Example: The purpose of the position is to provide general transportation support work (i.e. regulatory program support, quality control, customer service and transportation bill analysis, etc.) within the …

- clearly describe/define nature and extent of duties
How to write a Position Description Step 2: Major Duties of the Position The principle or major duties are described here. Typically these are duties which: - are the reason for the position’s existence - clearly describe/define nature and extent of duties and responsibilities (descending order of importance) - must be performed for a substantial part of the time - are significant for classification purposes - govern its qualification requirements

How to write a Position Description Step 3: Controls Over Work Describe: the organizational title of the position that has responsibility for the position being described - the extend and type of supervisory control exercised over the position - use terms such as “works under immediate or general supervision” the type and scope of job performance (i.e. limiting or expanding features of regulatory/procedural guides that influence the scope of job performance

the specialized or licensed skills required clearances required
How to write a Position Description Step 4: Other Significant Facts Describe: the specialized or licensed skills required clearances required language requirements physical efforts (lifts materials/equipment, etc.) unusual working conditions (outside, office, shift work, etc.)

AIR FORCE CORE PERSONNEL DOCUMENT (SAMPLE)
ORGANIZATION: CPD NUMBER: SUPV LEV CODE: COMP LEV CODE: TARGET GRADE: FLSA: N/A JOB SHARE: N/A CAREER PROG ID: N/A SENSITIVITY: N/A BUS: N/A EMERGENCY ESS: N/A DRUG TEST: N/A KEY POSITION: N/A POSITION HIST: N/A TARIFF CLASS: CTA II, App. 58 & 59 __________________________________________________________________________________________________________ CLASSIFICATION: DUTY TITLE: CLASSIFIED BY: ________________________________________________________ _________________ CLASSIFIER’S SIGNATURE DATE _________________________________________________________________________________________________________ SUPERVISOR’S CERTIFICATION: I certify that this Core Personnel Document is an accurate statement of the major duties, knowledge's, skills, and abilities, responsibilities, physical and performance requirements of this position and its organizational relationships. The position is necessary to carry out government functions for which I am responsible. This certification is made with the knowledge that this information is to be used for statutory purposes relating to appointment and payment of public funds and that false or misleading statements may constitute violations of such statutes or their implementing regulations. ________________________________________________________ ________________ SUPERVISOR’S SIGNATURE DATE _________________________________________________________________________________________ PERFORMANCE PLAN CERTIFICATION: *Signature acknowledges receipt. It does not indicate agreement/disagreement.

AIR FORCE CORE PERSONNEL DOCUMENT (SAMPLE Continuation),
PURPOSE OF POSITION AND ORGANIZATIONAL LOCATION: The primary purpose of this position is: The organizational location of this position is: _________________________________________________________________________________________ ORGANIZATIONAL GOALS OR OBJECTIVES: The organizational goals or objectives of this position are: DUTY 1: DUTY 2: DUTY 3: DUTY 4: CONTROLS OVER WORK: OTHER SIGNIFICANT FACTS:

(Non-US Classification)
How to handle Disputes (Non-US Classification) Appeal Rights and Procedures: Air Force Policy Directive 36-1, Mar 1995 (General Civilian Personnel Provisions and Authorities) Air Force Policy Directive 36-14, Feb (AF Position Management and Classification) USAFE Instruction , Feb (Position Management and Classification – Non-US)

Contact your servicing classifier for assistance or advise in preparing a more accurate position description.

FILLING NON-US POSITIONS

NON-US STAFFING SECTION
E. SCHEUER HR Specialist t C. KLEIN M. STICH HR Assistant Hr Assistant V. BASILE Carolin Klein Apprentice G. PEECK T. KRAEBER M. STEIG TRAUDEL GRINDA HR Chief, Non-US (Recruitment) CONSOLIDATED CIVILIAN PERSONNEL FLIGHT 86 MSS/DPCN, BLDG 2120, ROOM 303/305 TEL /4201

GUIDELINES GERMAN LAWS Federal Personnel Representation Law
Law for Protection from Termination of Employment Labor Promotion Act Mother Protection Law Work Hour Ordinance Severely Handicapped Law Children & Young Persons Act Annual Leave Provisions Work Permit Act

DO YOU WANT TO SPEED UP THE RECRUITMENT PROCESS ??
Plan in Advance Make Appointment with Non-US Staffing Review the Qualification Standard for Subject Position Prepare a USAFE Form 52 (IAW USAFEI , Non-US Citizen Personnel & Position Actions) Get Approval by your Authorized Official

DIFFERENT SOURCES OF RECRUITMENT
INSERVICE PLACEMENT OUTSIDE HIRE

INSERVICE PLACEMENT

OUTSIDE HIRE EXTERNAL HIRING LOCAL NATIONAL VACANCY LIST
LOCAL LABOR OFFICE LOCAL COMMUNITY PAPERS

PROBATIONARY PERIOD INSERVICE HIRE - NONE OUTSIDE HIRE 3 MONTHS

HOW DO WE PUBLICIZE YOUR POSITION ???
BULLETIN BOARD IN BLDG 2120 TELEPHONE HOT LINE, FAX AND/OR TO US ARMED FORCES CPO COUNTERPARTS, AGENCY COMMAND SECTIONS, WORKS COUNCILS, AND LABOR OFFICES HOMEPAGE

86 MSS DPCN/EMR

Works Councils (WC) German Labor Law and Basics of Participation

Works Councils Structure of the Presentation
General Legal provisions Participation rights in detail Cooperation Co-determination Summary

General Definition (1/2)
The works council is a committee that is elected from the non-us workforce of an agency, to represent the interests of that workforce.

General Definition (2/2)
Committee Making decisions as a group Agency Determination by USAFE HQ Representing interest of employees Legal basis and those rights are enforceable through labor court Term of office - 4 years

Legal Provisions Most important Rights of the WC (1/3)
Immediate contact to agency chief Personnel assemblies twice per year Monthly meetings Special termination protection Regular WC-members Substitute WC-members

Release from duty with pay There is a release from duty full-time, if the number of employees exceeds 300 In order to get specific training In order to do the necessary WC business

Participation rights Right to be informed timely and comprehensively Right to be heard, enables the WC to show initiative Cooperation Formal procedure Catalog of topics Co-determination

Cooperation Rights Cooperation Procedure (1/2)
Employer requests cooperation WC disapproves Employer reconsiders measure based on compelling reason of WC WC approves or does not respond No action Employer disagrees with WC arguments Proceed with action Decision by the agency chief on local level WC has 10 work days to respond WC has 3 work days to consider the decision of the employer

Cooperation Rights Cooperation Procedure (2/2)
Decision of the WC not later than 3 days No objections Proceed with action Raises objections Inform agency chief No action Elevation of objection to CINC USAFE and initiation of cooperation procedure with command WC Final decision by management representative

Cooperation Rights in Detail Cooperation Topics
1. Appointment of employees 2. Allocation of duties rating higher or lower than the previous ones, up-grading or downgrading, initial grading 3. Development of social plans 4. Measures to increase work output and to facilitate the progress of work 5. Implementation of basically new working methods 6. Administrative directives for internal, social and personal matters 7. Disintegration, limitation, transferal and assembly of agencies 8. Ordinary notice termination 9. Ordinary notice of change in employment condition

Co-determination Rights Co-determination Procedure (1/2)
Employer requests co-determination WC has 10 work days to respond WC non-concurs and offers reasons WC concurs or does not respond Proceed with action Employer reconsiders measure based on compelling reasons of WC No action Employer disagrees with WC arguments Agency chief raises the measure to next level for co-determination within 6 work days Inform the WC

Co-determination Rights Co-determination Procedure (2/2)
Measure raised by agency chief not later than 6 work days CINC USAFE requests co-determination for planed measure with Command WC Concurrence of Command WC Proceed with action Decision Proposal Final decision No agreement or non-concurrence of Command WC Conciliatory committee; an impartial third (judge) has the lead

Co-determination Rights in Detail Co-determination Topics (1/4)
1. Transfer to another agency 2. Detail for a period of more than 3 months 3. Continued employment beyond the age of retirement 4. Instructions restricting freedom of choice of the home 5. Refusal to grant or revocation of the permission for a secondary occupation 6. Granting of support allowances, advance payments and loans 7. Assignment and termination of quarters 8. Allocation of land belonging to the agency or of any leased land and laying down the conditions for its use 9. Beginning and end of the daily tour of duty and the breaks

10. Determination of the time and place and method of payment 11. Annual leave plan; settling differences with the timing of annual leave, if there is no agreement 12. Wage policies, development of new payment methods, piece rate and premium tables 13. Management of welfare facilities maintained exclusively for civilian labor 14. Implementation of vocational training 15. Choice of participants in events furthering the education 16. Contents of personnel questionnaires

20. Principles for the valuation of recognized proposals within the framework of the proposal system of the agency 21. If announcement of positions to be filled is waived 22. Principles of order and conduct of employees 23. Layout of the work place 17. Guidelines for the assessment of the work performance of employees 18. Appointment of public health commissioners or agency medical advisors as civil servants 19. Measures for the prevention of accidents at the place of work and of other damage to health

26. Guidelines of personnel selection to appointments, transfers, re-grouping and notice of termination of employment 27. Making claims for damages against an employee 24. Introduction and application of technical facilities designed to control the conduct or performance of the employee 25. General questions concerning the further education of the employees

Major Differences in the Participation Rights
Co-determination Both parties can initiate measures falling under co-determination The employer can appeal the WC’s non-concurrence Depending on the action taken or initiator the conciliatory committee decides Last resort: the decision of the conciliatory committee can be referred by both parties to court for review Cooperation Only employer can initiate measures falling under cooperation The WC can appeal the employers decision Final decision by USAFE/A1 No appeal possible

Consequences of the Unrestricted Application of the Fed. Pers. Rep
Consequences of the Unrestricted Application of the Fed.Pers.Rep.Law of 1991 Proposed measures must be understandable and have a justified rationale The co-determination makes practicable solutions between employer and WC necessary in order to evade formal procedures The employer must be willing to take back actions, that have not been concurred upon by the WC, if the WC denied concurrence offering justified reasons On local level agreements should be made possible, because: -Little influence regarding the decision later on -Time and money consuming -Evade a final decision by the conciliatory committee -Try to use shop agreements to the extend possible

Summary The underlying rationale is, to protect the employees as a group from one-sided and possibly adverse decisions of the employer Even though the WC is a collective body, it has participation rights in individual cases The topics of participation require interpretation and a case-by-case approach Negotiations instead of decisions are required

Whenever you plan to take an action that requires WC Participation
CALL: 86 MSS DPCN/EMR

CONDUCT & DISCIPLINE 86 MSS/DPCN DSN 480-7153/5365
Civilian: /5365 HR Supvy Pers Mgmt Spec: Manfred Frey HR Chief, NUS Section: Wolfgang Krück

Goal To improve supervisory skills in dealing better with conduct & performance issues To improve skills with conduct & performance interviews EMR Principle: Like sanctions for like actions

(includes appeal rights)
Conduct & Discipline Corrective Actions Informal Actions Discussion Letter of Counseling Formal Actions Oral Admonishment Letter of Warning (includes appeal rights)

Conduct & Discipline Corrective Actions
Letter of Warning Use to correct significant misconduct or delinquency and repeated lesser offenses Keep in Supervisor’s Record (annotate 971 record/must be removed NLT 2 yrs from entry) Official OPF Record Corrective Actions Oral Admonishment Use to correct misconduct or delinquency of minor offense Keep in Supervisor’s Record (annotate 971 record/must be removed NLT 2 yrs from entry)

Conduct & Discipline Disciplinary Actions Termination During Probation
Termination by Ordinary Notice Change in Employment Condition Termination by Extraordinary Notice

Termination During Probation
(Article 43, CTA II) Probation Periods White Collar Worker = 3 months Blue Collar Worker = 3 months

Termination by Ordinary Notice
(Art 44, CTA II) By the employing Agency only: Period of Employment Notice Periods minimum 6 months months to the end of a month minimum 4 years months to the end of a month minimum 6 years months to the end of a month minimum 9 years months to the end of a month minimum 12 years months to the end of a month minimum 20 years months to the end of a month Notice periods for employee is four weeks to expire at the end of a month

Termination for Cause When the offense is of such a serious nature that retention of the employee would adversely affect the discipline, efficiency and morale of the agency Corrective actions failed Create morale problems

Employee Rights Representation “Fair Trial”
Appeal Rights, i.e. Letter of Warning (internal channel) Labor Court (Letter of Warning & Termination only) (external channel)

Observation Managers frequently observe that a common problem is the reluctance of the first-line supervisors to effectively use disciplinary procedures when the occasion demands. When faced with a rule violation or chronic ineffective performance, many supervisors fail to give critical feedback to the employee or administer a disciplinary penalty.

Reasons for Failure Reluctance Unpleasant task Challenge to be biased Criticism Lack of Experience Expectations/Impact Insubordination Unpleasant past experience

Lack of Documentation or
50 ways to lose the case Lack of Time Evidence or lack thereto No need to document/counseling will solve problem Avoid encounter of the worst kind Action will take care of itself Chance to be overturned by a higher authority or court Lack of Writing Skill End Result: Escalates/Aggravates Problems

Employees View Inappropriate Behavior is acceptable No Consequences Morale Deterioration Exceptions vs. Rules Supervisors Credibility Deteriorates

7-Step Approach = Fair Evaluation
Investigation (Facts/Evidence) Conduct Interviews Employee’s Explanation to Accusation (private atmosphere) Circumstances/Offense Personal Reasons (personal circumstances, i.e. social aspects, length of service, previous offenses, etc. Consistence with Laws, Instructions, similar or same actions (call your CPO for assistance) Determine Appropriate Action

Achievement of Constructive Discipline
Standards of Conduct & Performance Expectations Maintenance of Constructive & Effective Labor Management Relations Proper Guidance, Instructions, Rules and Regulations Clear Communication Fair & Equal Treatment Recognition

Achievement of Constructive Discipline
(Continued) Attendance Punctuality Sexual Harassment Complaint Procedures Motivation Setting a good example to abide by

Work Environment Atmosphere Duties Rules Requirements Instructions
Standards

Constructive Discipline
Establish Expectations Provide Feedback Conduct Counseling in Private Atmosphere Constructive Criticism is preventive in nature

Conduct & Responsibilities
References: Tariff Agreement (CTA II) ( USAFEI ) CTA II Implementation Instructions (USAFEI ) Conduct & Discipline (USAFEI ) Grievances and Appeals (USAFEI ) Probationary Period Appraisal and Performance Evaluation (USAFEI ) Supervisor’s Records (AF Pam ) (applies to 971 records)

ABSENTEEISM DUE TO SICKNESS

Absenteeism Due to Sickness
Sickness in general CTA II & sickness How to internally tackle ‘sick’ problems The role of the CPO The Termination due to Sick Absence

CONFLICTS ARE PROGRAMMED!
Sickness in General What is sickness? Sickness is an “unusual condition of body or mind” (= medical definition), “which incapacitates the employee to perform the assigned duties” (= labor law definition). CONFLICTS ARE PROGRAMMED! Sickness in general is a personal related issue, not a behavior related problem. Therefore a sick problem (= an employee who is quite often sick) cannot, be solved by a disciplinary action, i.e. a Letter of Counseling or a Letter of Warning.

CTA II & Sickness As specified in CTA II Article 29 Paragraph 4, each employee has the following obligations in case of being sick: o Immediately notify the employing organization (= the supervisor or someone, who is in charge) of the unfitness for work. o Provide the employing organization NLT COB the first work day following the third calendar day since the beginning of his/her unfitness an appropriate medical certificate (in justified cases the employee can be directed to present a medical certificate for each day of sickness). o Promptly (in this sense under consideration of the three-day-period mentioned above) submit another medical certificate if the sickness exceeds the initially covered period. NOTE: Violations against these obligations are behavior related and therefore subject for corrective or disciplinary action!

How to Internally Tackle Sick Problems
Strive for and maintain a healthy work environment and atmosphere Talk to the employee and primarily find out if there is a correlation between the sickness and the work place If there are repeated short-term sick absences, check reassignment possibilities within the employing organization If the problem is a long-term sick absence and the employee is meanwhile paid by his/her Sick Insurance Company, respectively the servicing Labor Office (= in both cases no costs for the employer!) consider a temporary hire to substitute the absent employee Inform your servicing EMR Specialist at an early stage about occurring “sick problems”

THE ROLE OF THE CPO If the sick problem cannot be solved via the aforementioned measures, your servicing EMR Specialist will determine a reasonable/sound approach on the further course of action. This could include: Contact the treating physician to get detailed information about the status of the employee. If this fails, pursue other alternatives to obtain details and background information. Arrange a meeting between management, employee and, if required, a Works Council representatives to discuss the problem and potential solutions/remedial measures. Evaluate the possibilities for a ‘CHANGE IN EMPLOYMENT CONDITIONS’ (is a must!). As “ultima ration” initiate and monitor an ordinary notice termination  IMPORTANT: A high sick absence rate alone does not, repeat not justify a termination action, e.g. there are three (3) prerequisites or legal requirements!

The Ordinary Notice Termination due to Sick Absence
High Sick Absence Rate The Ordinary Notice Termination due to Sick Absence Based on experience and as a thumb rule, a sick absence rate of between % is to be considered “high” (depending on the “importance” of the position) Statistics have to be delivered by the employing organization, e.g. the collection of data is very important Absence rates have to be adjusted, e.g. only work days on which the employee has been sick are to be counted Time frame should cover as a minimum 1-2 years, better years

Negative Future Prognosis
The Ordinary Notice Termination Due to Sick Absence The future prognosis must be negative and will be basically requested from the treating physician Problem: Cooperation of the employee is required  if he/she refuses to cooperate  extrapolation (= what happened in the past, will continue in the future) Cure/Rehabilitation measures must be considered (if they do good, problem is solved, if not, the reason for a termination raises up) The work environment must be considered here, i.e. does it negatively impact the employee’s health status, hinder the recovery, increase the risk for sickness, etc.

Negative Operational Impact
Is one of the most critical factors, because depending on the circumstances, this is eventually difficult to determine or justify Input can only come from the organization, therefore start early enough to document Be as specific as possible while defining the negative operational impact, i.e. how much OVERTIME had to be worked, what delays occurred, etc. Is the FLOW OF THE OPERATION hindered or otherwise negatively impacted? How is the relation EARNINGS to WORK, e.g. how much continued payment of salary costs does the employer have “without receiving something back”?

In case of questions concerning the treatment of sick
absenteeism call your servicing EMR-Specialist.

PERFORMANCE EVALUATION

PERFORMANCE EVALUATION USAFE Instruction 36-716
The major duties are outlined in the Position Description Compare the job performance with the Performance Standards Every employee is required a performance evaluation The Position Description gives you the information on the major duties an employee has to perform To evaluate an employee you have to compare the job performance with the Performance Standards You as the supervisor...

Performance Standards
Standards for satisfactory performance Quality, Quantity, Timeliness Measurable terms - relate to major duties Verbally or in writing ...have to set the Performance Standards for satisfactory performance based on the information you get from the Position Description You need to define Quality, Quantity, and Timeliness. That is how, how much and how well you want the job to be done. You can set the standards verbally or in writing. Doing them in writing will save you one step when you prepare a performance awards package The standards must be in measurable terms and relate to the major duties. Make your standards realistic and maintainable Along with that there are certain responsibilities the supervisor has:

SUPERVISOR WILL: Set the performance standards for each position
Assure employees know and understand their performance standards Observe the day-to-day performance Keep employees advised about their performance Record discussions and performance evaluation on AF Form 971 You need to set the performance standards for EACH position Make sure your employees know what you expect of them Monitor the day-to-day performance and let them know how well they do. Assist and counsel employees who have difficulties to perform in a satisfactory manner. extra training to reach satisfactory level Record discussions and performance evaluations on AF Form Have employee initial and date the entry

TYPES OF EVALUATION ANNUAL PERFORMANCE EVALUATION
PROBATIONARY PERFORMANCE EVALUATION EXIT EVALUATION There are three types of evaluations Exit evaluation - is fairly easy but it is a legal requirement Exit eval is done upon termination of employment (retirement, resignation, separation) covers total period of employment with respective organization (5 years) Complete USAFE Form serves as the basis for issuing a certificate of service or a testimonial

Cross out title and replace with Exit Evaluation

SERVICE RECOGNITION 20 - 50 YEARS OF SERVICE Service pin Certificate
Three days additional leave with pay Starting with 20 years of service the certificates will be presented during a Length of Service ceremony held twice a year at the Ramstein Officers’ Club. We invite the employees and they may bring personal guests. Commanders, supervisors, and co-worker also get invited. CPO will prepare the certificates. We will also notify the unit and the employee of the one-time special leave entitlement. For the cash bonus you will see an AF Make sure to give it to the employee. Retirement! Retiring employees and, upon request, their spouse will receive a Certificate of Appreciation. CPO will prepare the certificates to be presented by the commander. The Outstanding Civilian Career Service Award is also available for presentation at the time of retirement. This award is signed by USAFE/CC and, therefore, needs about 60 days processing time.

SERVICE RECOGNITION Monetary Recognition
25 YEARS OF SERVICE plus Service Bonus of € 40 YEARS OF SERVICE plus Service Bonus of € 50 YEARS OF SERVICE plus Service Bonus of €

SERVICE RECOGNITION Award Ceremonies
Semi-annual event hosted by KMC Leadership Commanders personally present service certificates, emblems and tokens of appreciation Program Manager: Barbara Rumpf, DSN:

PERFORMANCE RECOGNITION
Good morning -- Name This morning I would like to cover Performance Evaluation and Performance Recognition Is anybody here from a DLA organization? There are differences between DLA and USAFE and will point those out. Throughout this class I will make reference to AF Form 971, Supervisor’s Employee Brief. Is everybody familiar with this form?

Sustained Superior Performance Award (SSPA)
Purpose: To recognize Non-US employees for performance of duty clearly exceeding performance expectations for at least 12 months. SSPA is used to recognize employees whose performance significantly exceeds the job standards. There are certain requirements that need to be fulfilled to be eligible for this award. Rating period of 12 months (16 May to 15 May). No promotion during rating period. A promotion on a competitive basis will disqualify an employee. Review of duties the employees has performed which result in an upgrade does not effect the eligibility. DO NOT discuss award recommendations with the employee until final approval.

SSPA (Part I) Eligibility: Exceptions:
12 month evaluation period must have been at the same grade level and in the same tariff. Exceptions: Downgrade other than cause. Upgrade to target grade/as a result of position classification survey. SSPA is used to recognize employees whose performance significantly exceeds the job standards. There are certain requirements that need to be fulfilled to be eligible for this award. Rating period of 12 months (16 May to 15 May). No promotion during rating period. A promotion on a competitive basis will disqualify an employee. Review of duties the employees has performed which result in an upgrade does not effect the eligibility. DO NOT discuss award recommendations with the employee until final approval.

SSPA (Part II) STEP 1: Supervisor prepares nomination memorandum and written justification. Proposes award amount (1 - 10% of annual salary) The first-level supervisor prepares nomination memorandum and a written justification comparing the performance standards you have set with the actual accomplishments. The immediate supervisor also recommends the award amount. Min is 1 % of the annual salary - max is 5 %. The nominations package has to be submitted by 15 July.

SSPA (Part III) STEP 2: Second-level supervisor reviews and approves nomination under 4%. Nominations over 4% require three-letter office symbol approval. Approved nominations must be received by CPO no later than 15 July. The second-level supervisor reviews the nominations and approves awards under 4%. CPO computes the cash amount in DM and directs payment through the Office of Defense Cost. Occasionally you may have a super performer and you want to award him or her with an award of 4 or even 5 %. Normally, the process requires the involvement of the Base Incentive Awards Committee. The second-level supervisor can only recommend the approval of the award. The committee will review and approve or disapprove all awards of 4% and higher. Therefore, the nomination needs to have a strong supporting justification. There is a point rating guide as an attachment to CPD 53. DELEGATION LETTER. Three-letter-office-symbol-officials

SSPA (Part IV) Step 3: CPO determines eligibility.
Computes the cash amount in €. Directs payment through the Foreign Forces Payroll Office (FFPO). Ascertains that the award is documented in the civilian personnel data system. Returns original package to organization.

SSPA (Part V) Step 4: Organization prepares the Award Certificate (AF Form 2858). Presents award to employee in an appropriate ceremony.

SPECIAL ACT OR SERVICE AWARD (SASA)
Certificate: AF Form 2860 Monetary Amount: $5,000 or less (approving authority: Installation Commander); $5,000 to $10,000 (approving authority: USAFE Commander or designee) The first-level supervisor prepares nomination memorandum and a brief narrative justification. The second-level supervisor reviews and approves the award and forwards it to CPO for processing. There is no limit to the number of NAAs an employee may receive. And you may put an employee in for this award at any time. Make sure that the employee is recognized for the same contribution only once. You may not include the same achievement in a justification for an SSPA.

SASA (Part II) Procedures: Submit nomination with justification not later than 90 days after completion of the special act or service The first-level supervisor prepares nomination memorandum and a brief narrative justification. The second-level supervisor reviews and approves the award and forwards it to CPO for processing. There is no limit to the number of NAAs an employee may receive. And you may put an employee in for this award at any time. Make sure that the employee is recognized for the same contribution only once. You may not include the same achievement in a justification for an SSPA.

SASA (Part III) CPO Directs payment through Foreign Forces Payroll Office (FFPO).

NOTABLE ACHIEVEMENT AWARD (NAA)
Certificate: AF Form 3032 Monetary Amount: $25 - $500 Procedure: Within 30 days of act, first-level supervisor prepares nomination letter with justification and recommends amount of award. Second level supervisor may approve up to $500.

NAA (Part II) IMMEDIATE SUPERVISOR SECOND-LEVEL SUPERVISOR
Prepares nomination memorandum and narrative justification SECOND-LEVEL SUPERVISOR Reviews and approves award Forwards award to CPO for processing Prepares certificate AF FORM 3032 The first-level supervisor prepares nomination memorandum and a brief narrative justification. The second-level supervisor reviews and approves the award and forwards it to CPO for processing. There is no limit to the number of NAAs an employee may receive. And you may put an employee in for this award at any time. Make sure that the employee is recognized for the same contribution only once. You may not include the same achievement in a justification for an SSPA.

NAA (Part III) CPO Directs payment through Foreign Forces Payroll Office (FFPO). The first-level supervisor prepares nomination memorandum and a brief narrative justification. The second-level supervisor reviews and approves the award and forwards it to CPO for processing. There is no limit to the number of NAAs an employee may receive. And you may put an employee in for this award at any time. Make sure that the employee is recognized for the same contribution only once. You may not include the same achievement in a justification for an SSPA.

Time-Off Award (TOA) Certificate: USAFE Form 221
Employee may be granted 1 – 10 days off without charging annual leave

TOA (PART I) Approving Authority: More than 2 days: Squadron Commander
Up to 2 days: First-level Supervisor More than 2 days: Squadron Commander More than 5 days: Group Commander

TOA (PART II) Sample: The immediate supervisor can approve two
one-day awards a year, the third will need squadron-level approval.

Submit nomination and certificate to CPO
TOA (PART III) Procedure Submit nomination and certificate to CPO

TOA (PART IV) Civilian Personnel Office:
Validates employee’s eligibility Updates personnel system to show a TOA Forwards approved memorandum and cert back to recommending supervisor for presentation

TOA (Part V) Supervisor:
Annotate date of award and numbers of days in remarks section of USAFE Form 202 Employee request TOA using USAFE Form 857 TOA may be taken within the current calendar year or within the first three months of the following year Grants days off at employee’s request (using USAFE Form 857 for request and approval. In remarks enter “Admin Leave for TOA dated _____”). Ensures time off taken is properly documented (as admin leave) on daily time and attendance record for the employee (USAFE Form 591) and maintained on file for reference for the prescribed time period).

Honorary Awards USAFE Medal of Distinction (MOD)
USAFE Medal of Merit (MOM) Exemplary Civilian Service Award (ECSA) Award for Meritorious Civilian Service (MCSA) These awards have different procedures. Please visit our website to get the factsheets with detailed information.

Training

Training and Employee Development
Reasons for training Supervisory responsibilities Assistance The training cycle Educational Leave Benefits Sources of Training Documentation- SF 182

Reasons for Training Mission or program change New technology
New work assignment Improve present performance Develop unavailable skills Trade/craft apprenticeship

Supervisory Responsibilities
Planning of Training Requirements Discuss Needs with Employees – Develop Individual Development Plans as needed Establish Training Objectives Determination of Priority Identification of Needs to the CPO – Annual Survey and Out-Of-Cycle Requirements Evaluate Effect of Training on Employees and Mission Accomplishment.

Employee Development Specialist (EDS)
Analyzing problems Securing resources Establishing objectives Evaluation techniques

Training Cycle Plan to Meet Determine The Need Training Need Conduct
Training And Development Evaluate Results

Sources of Training and Development
The Supervisor and Immediate Organization Base-level Resources and Facilities Other Air Force Sources DoD Sources & Facilities Other Government Training Non-Government Training

EDUCATIONAL LEAVE “Bildungsfreistellung”
German Law since April 1993 10 days within 2 years Absence from work with pay Apply 6 weeks prior to course begin Courses approved by Ministry of Education

Civilian Personnel Management and Non-US Citizen Employees

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