October 29, 2024 — If you receive an unsatisfactory rating on your year-end performance evaluation, and you feel it was unfair, inaccurate, or the process was not properly followed, you can appeal and, with the assistance of PEF, that unsatisfactory rating can often be overturned.
Why is that important?
There are two performance-dependent benefits in the PEF/State Agreement – performance advances per Article 7.11 that are added to an employee’s base pay until the employee reaches the top or “job rate” of the salary schedule for their salary grade (not to be confused with the annual salary raises included in the contract), and performance awards (sometimes referred to as longevity lump sum awards), which are payments of $1,500, $3,000 or $4,500 to certain employees based on years of service per Article 7.12 of the PEF/State Agreement.
“If you receive an unsatisfactory year-end performance evaluation rating, you won’t get the performance advance or the performance award that you would otherwise be entitled to,” said Director of Contract Administration Deb Greenberg. “It doesn’t hurt to appeal, and we get a lot of these ratings overturned with excellent advocacy from PEF’s Field Services Department. It’s not just a matter of money, evaluations are also a part of your employment record.”
There are mandatory steps that a supervisor must follow as a part of the yearly performance evaluation process, including providing the employee with a Performance Program within six weeks of the beginning of the rating period, and providing a Mid-Point Six-Month Rating within one month of the mid-point of the rating period. If either or both of those are missing, the evaluation is “technically deficient” and if appealed the unsatisfactory rating will be overturned. There are numerous other factors that can also prompt an overturn, such as the employee not adequately being put on notice of performance problems during the rating period.
“If the agency fails to provide a timely performance program or mid-point rating, or if the unsatisfactory rating is otherwise compromised, we can make strong arguments advocating for the overturn of the unsatisfactory rating.,” Greenberg said. “We want our members to know that we do well in the performance evaluation appeals process and it’s worth contacting your field representative if you get an unsatisfactory rating.”
The performance evaluation system in New York began in 1979 because of collective bargaining with unions and the current process is clearly outlined here, including all the necessary steps and the corresponding timelines.
Members have 15 calendar days to file an appeal after receiving their rating, so contact your field representative as soon as possible if you receive an unsatisfactory year-end performance evaluation rating. An unsatisfactory six-month rating cannot be appealed.
Each agency has a performance evaluation board made up of a neutral person, a PEF designee, and a management designee. The agency-level board makes a recommendation to the agency commissioner, who has the final say.
If PEF does not prevail at the agency level, the case can be appealed to a statewide board within 15 calendar days of receipt of the agency-level decision. The Statewide Appeals Board makes the final decision. That board consists of one representative from the Office of Employee Relations (OER), one representative from PEF, and a neutral arbitrator.
Probationary employees and trainees are not eligible to use this appeals process.