UNION

EMPLOYEE

EVALUATION

GUIDEBOOK

State Employee Alliance CWA Local 7076Draft of June 28, 2007

TABLE OF CONTENTS

Introduction ………………………………… Page 3Employee Evaluation – Overall …….… Page 5 Employee Evaluation – Page 1 ……….. Page 5Employee Evaluation – Page 2 ……..… Page 9Employee Evaluation – Page 3 …….…. Page 11Employee Evaluation Form ………….… Page 12Self Assessment Form ……………..…… Page 15Employee’s Goal Worksheet ...........… Page 16Employee Evaluation Rebuttal……….. Page 17Employee Development Plan ……….... Page 18Why Don’t Employees Do …………….… Page 19Motivation …………………………...…….… Page 20Responsibility …………………...……….… Page 21Article 17 – Performance Evaluation... Page 23Article 18 – Disciplinary Actions ……… Page 25NM SPB Rules & Regulations ………….. Page 27Weingarten Rights ………………...…….… Page 29

2

This Guidebook is a work in progress. The initial draft will be changed and updated many times before we develop a good working document that is useful to our members. Please feel free to make suggestions on improvements that we may incorporate. If you have any questions, please contact me. I may be contacted by email or phone. Norman R. Norvelle(505) 599-9752 (Work) (505) 327-5910 (Home)

norman.norvelle@state.nm.us

Good management principles and information have been included to provide knowledge to members.

Introduction The purpose of this Guidebook is to provide information to union employees for the Employee Evaluation (performance appraisal) process. The appraisal must be documented on an appraisal form approved by the State Personnel Office (SPO) Director. In March 2006, SPO convened two committees comprised of both state government managers and employees, including union representatives, to produce two new forms. One is specifically for managers and supervisors and another form for non-supervisory employees. The form used to evaluate union members is the Employee Evaluation form. The new appraisal forms should:

• Assist employees in understanding how their individual work contributes to the organization

• Emphasize significant job assignments and related performance standards

• Encourage an employee development plan. The performance appraisal (Employee Evaluation) must comply with SPB Rule 1.7.9.8 and Article 17 of the current SEA-CWA Contract (Agreement) with the State of New Mexico. Some Agencies have their own policies, but they still must comply with SPB and the Contract. The SPO Rule states, “Career employees shall be reviewed once before annual closing of the evaluation, or whenever the supervisor wants to document performance”. It is “best practice” to open a new Employee Evaluation as soon as you close out the previous one. That way the employee always knows what his or her assignments are. According to the Rule, your new Employee Evaluation must be opened within 90

3

days of your last appraisal date for career employees. Your immediate supervisor has the responsibility for appraising your performance. However, if such is not the case, the second level supervisor shall prepare the appraisal. If you don’t agree with your performance evaluation (appraisal) then you can submit a rebuttal, which shall become a part of the performance appraisal and the employee’s personnel record.

By SEA-CWA/NM Contract, a.k.a. Agreement (Article 17, Section 1) “Employees shall receive written performance evaluations on an annual basis”. (Article 17, Section 3), “When possible, the employee’s supervisor will prepare the annual performance appraisal. If such is not the case, the second level supervisor shall prepare the appraisal. If the evaluating supervisor is not the direct supervisor, he/she must have actually reviewed the employee’s performance. In conjunction with the transfer of an employee or his/her supervisor, the supervisor shall prepare an evaluation of the employee which shall be considered with other evaluations received during the year in order to develop the annual summary rating”.

The primary purpose of an employee evaluation (performance appraisal) is for employee to know what is expected of them to perform successfully and to provide feedback to the employee of how they have performed. A secondary purpose should be for the motivation and development of the employee. Performance appraisals are not supposed to be disciplinary. Normally, the performance appraisal cycle consists of three phases: The initial meeting, the work phase, and the End-of-Year Appraisal (Evaluation). The initial meeting is where your key job assignments and

4

performance standards are defined and given to you. During the 12 month working phase you are performing the actual job assignments. You should be receiving support and feedback from your manager. The End-of-Year Appraisal (Evaluation) phase ends the performance cycle. At this point in time, you’re evaluated and rated upon the work that is perceived you have done. Interim reviews may be used when it is necessary to revise or update your assignments. Interim reviews may also be performed whenever an immediate supervisor wishes to make an employee’s performance a matter of record, upon change of immediate supervisor, or whenever is deemed appropriate. Again, performance appraisals are not supposed to be disciplinary, but to be used for employee performance evaluation. However, they may be a tool that will be used at a later time for disciplinary purposes. If at any time during the appraisal cycle management questions you to obtain information; and 2) you have a reasonable apprehension that your answers could be used as a basis for discipline or other adverse action, you have the right to union representation. But, you must ask for representation. Management does not have to remind you of this right. This is called Weingarten Rights. Please refer to page 29 of this Guidebook for more information.

Employee Evaluation – OverallThe blank Employee Evaluation form consists of three pages. Page one and two are the actual evaluation and appraisal, and page three is only a page of definitions. The information in quotations is from the Manager and Employee Evaluation Training Workbook. The bolded information is from the current SEA-CWA Contract with the State of New Mexico. A copy of the Employee Evaluation is in this Guidebook on page 12.

5

Employee Evaluation – Page One This page consists of three sections:

• Employee Information• Primary Job Assignments• Performance Rating Areas.

Employee Information “This section includes required employee information including Position Number and employee ID consistent with PeopleSoft®.” This is simply the transfer of your personal information onto the evaluation form.

Primary Job Assignments “This section includes the most significant job assignments, including performance standards that this position will be responsible for achieving in the upcoming performance appraisal period. Job assignments should be SMART: Specific, Measurable, Attainable, Relevant and Time bound (timeliness).” When developing job assignments it is important that management has an answer to the question: “What will success look like?” Primary Job assignments states the major job responsibilities assigned to an employee. The primary job assignments are individually called a key job assignment. A key job assignment is a distinguishable task or unit of work required by an employee’s position. It identifies the major tasks and duties for a position. There should be three or four Key Job Assignments. The State Personnel Office has key job assignments based on job classification. Special assignments outside of Primary Job Assignments should be documented. You will be appraised for these actual tasks. A well-written key job assignment is simple and easy to understand. It

6

should consist of an action verb and an object. For example: Audits (action verb) travel vouchers (object) in order to track travel expenses. Another example is: Submits (action verb) weekly reports (object) in order to track the case load in the office. Each key job assignment should have performance standards. A common definition of a performance standard is: A clear statement that outlines specific tasks and duties that an employee is expected to perform as well as how well these must be accomplished in order to justify a particular rating level, such as Exemplary, Solid Sustained, Achieves Performance Standards, and Does Not Achieve Performance Standards. The stated level of achievement that identifies how well a task must be performed may be based on the quality, quantity, timeliness of work (Time bound), or upon a specific manner of carrying out particular duties or tasks. In short, a performance standard consists of two items: First, a clear statement of the specific duties that the employee is expected to perform. Second, an equally clear statement of how well the employee is expected to obtain the described results or the manner in which certain duties must be formed. These duties should be within job description. “For both interim reviews and the final appraisal, these primary job assignments (key job assignments) will be rated individually and collectively under Results Focus.” If there is a question about your primary job assignments and performance standards, discuss it first with your supervisor. If your question is not answered adequately, then contact your steward. This may be something that needs to be discussed with your Agency LMC or Agency SEA-CWA Vice-President.

7

By contract (Article 17, Section 2), “Performance criteria shall be specific, attainable, relevant, measurable, and consistent with an employee’s duties, responsibilities and relate to his/her job description. Measurement criteria shall be job and outcome related. The criteria shall be provided to an employee in writing at the outset of the rating period and changed during the period only after review with the employee. If an employee does not have an opportunity to perform work described by the criteria that criterion will not be considered in the performance appraisal process. Performance measurement criteria shall be applied fairly, objectively, and equitably. The Employer shall take into account when evaluating an employee’s performance, matters outside an employee’s controls, such as equipment and resource problems and lack of training. Pre-approved time away from the job including sick leave (not including call in notification), personal days, annual leave, and authorized duty time for union representational purposes and other authorized activities will not be considered negatively in the application of performance criteria. Evaluations shall fully take into account such approved absences in a measure of timeliness and quantity of work”.

Performance Rating Areas This section allows the appraiser to rate the employee’s performance during interim and End-of-Year appraisal periods using a four scale rating system: Exemplary (4), Solid Sustained (3), Achieves Performance Standards (2), and Does Not Achieve Performance Standards (1). There are six headings in the Performance Rating Areas. One is pre-determined for all classified state

8

government employees and is the overall rating. This is titled, “Results Focus” “(Achieves key job assignments and performance standards; understands agency and unit vision and direction; contributes to team work goals)”. The next three are “Agency Determined” by the Cabinet Secretary or Agency Head. The final two are “Supervisor Determined” (usually by the rater which is the immediate supervisor). Performance Rating Areas are chosen from the list of Employee Evaluation – Performance Rating Areas on Page 3 of the blank evaluation form. In the comments section under each performance rating area, the rater should cite specific examples of the performance referring back to the primary job assignments that were established at the beginning of the performance appraisal period. Examples should be objective and specific, and avoid being subjective and general. In situations where an employee receives an overall rating of Does Not Achieve Performance Standards (1), an employee Development Plan is required. The supervisor should prepare for the annual appraisal using the employee’s input. Remember, you are appraised on the specific job assignments, not competency. A Self-Assessment Form may be given to you before your appraisal. This is for you to answer and give back to your supervisor. Be careful to think through each question you answer on a Self Appraisal Form (a.k.a. Self Review Worksheet). Be positive in attitude and with your answers. This form or worksheet could be attached to your Employee Evaluation and could become part of your personnel file. Page 15 has an example for this type of form.

9

Your supervisor should set the Performance Appraisal meeting two weeks in advance to give you time to prepare for the meeting.

Employee Evaluation – Page Two This page consists of four sections:

• Overall Final Rating• Employee’s Goals• Signatures• Employee’s Comments.

Overall Final Rating “This section requires the rater to identify an overall final rating for the performance appraisal period and includes a section for general comments. This section provides the rater with an opportunity to acknowledge special contributions/accomplishments and preview in the upcoming performance review period. In situations where an employee receives an overall rating of Does Not Achieve Performance Standards (1), an Employee Development Plan is required.” Page 2 also includes the Rating Key.Employee’s Goals “This section is optional, but highly encouraged. Development plans are valuable for targeting areas in need of improvement and succession planning. Development activities may include coaching and mentoring, shadowing a colleague, reading journals or books, attending courses or workshops, attending project meetings, taking on short-term assignments in another area, attending conferences, briefings or seminars, and gaining other professional qualifications.” Employee development is encouraged. This is the Employee’s Goals, not the managers. Use these goals

10

to improve yourself professionally and personally. These are your career goals.

Signatures “This section requires signatures from the employee being evaluated, the supervisor serving as the appraisal rater, and the rater’s manager serving as the reviewer. The reviewer should preview and agree to the rater’s comments and ratings prior to a formal performance appraisal conference between the rater and employee where ratings are presented.” The employee’s signature indicates neither agreement nor disagreement, but only that you have read the evaluation and that it has been discussed.

Employee’s Comments “This section provides the employee with the opportunity to comment on the performance appraisal and other aspects of their job performance or professional development.” This can be one of the most important sections of your evaluation. It allows you, the employee, to provide important feedback to management about how you feel. Also, it allows you the opportunity to present aspects of your job performance or professional development that were possibly overlooked or not recognized. A statement of an employee’s objection (Rebuttal) to an appraisal or comment may be attached and put in their personnel file. The Employee’s Comments section is not for a Rebuttal or the Rebuttal Form. But, if you have a Rebuttal to the Appraisal it should be stated in this section, “A Rebuttal to Employee Evaluation is attached and is to become a part of my personnel file with this Evaluation”. There is no official time limit on a written rebuttal that will be attached to the Employee

11

Evaluation in the personnel file. However, it is best to submit within 60 days. A Policy Grievance (SPB Rules & Regs) can be filed on errors or omissions in implementing the appraisal process and/or a Union Grievance can be filed on errors or omissions in implementing the performance appraisal process covered in the Contract.

Employee Evaluation – Page ThreeThis page contains Employee Evaluation Additional Performance Rating Descriptions. There are eight Performance Rating Areas and a description of each:

1. Customer Service2. Productivity/Dependability3. Interpersonal Skills4. Quality5. Job Knowledge6. Adaptability/Flexibility7. Work environment/Safety8. Use of Equipment/Materials.

The Performance Rating Areas consists of five of the 8 areas above, plus the “Results Focus” which is the overall rating. Three of the areas are Agency determined and two are Supervisor determined.

12

“While we are fighting for freedom, we must see, among other things, that labor is free.”Woodrow Wilson.

13

14

15

A downloadable copy of this form (New Mexico State Personnel Board State Personnel Office Employee Evaluation) is available from this web address:

http://www.spo.state.nm.us/NMState_Documents/Training_docs/emp_eval.doc

Self Assessment Form (Self Review Worksheet)(Sample)

1. How successfully did you meet your goals/assignments during the performance appraisal period? ______________________________________________________________________________________________

2. What achievements are you particularly proud of and what strengths have you shown? ______________________________________________________________________________________________

3. In what areas could you develop your performance and how could this be achieved?______________________________________________________________________________________________

4. What changes have there been in your position in the past 12 months?______________________________________________________________________________________________

5. What changes do you foresee for the future?______________________________________________________________________________________________

6. Are there aspects of your work in which you would welcome further guidance or training?______________________________________________________________________________________________

16

7. What problems or challenges did you encounter in carrying out your position last year and how did you overcome them? ______________________________________________________________________________________________

8. Are there still barriers to achieving all of your goals/job assignments?______________________________________________________________________________________________

Employee’s Goal Worksheet - S.M.A.R.T.(Sample)

The Goal (the result to be produced): ______________________________________________________________________________________________________________________________________________________

Is it:Specific? __________________________________Measurable? _______________________________Acceptable? _______________________________Realistic? _________________________________Truthful? __________________________________

Ability: Do I have the ability to accomplish this goal?__________________ Yes _________________No

If you didn’t produce the result, you either didn’t take the responsibility or you didn’t have the ability.

17

Responsibility: Am I willing to do what is necessary to accomplish this goal? _________ Yes _________No

If yes, what are the steps necessary for my action plan?Feel free to use as many steps as needed.

# Steps Due Date1.2.3.4.5.6.7.8.

18

Employee Evaluation Rebuttal

NM State Personnel Board Rule 1.7.9.11 “Rebuttal: Employees may submit a rebuttal to performance appraisals, which shall become a part of the performance appraisal”. In other words, if you disagree with any part of your appraisal or your overall rating, you may submit a letter or memorandum of rebuttal that will become part of your performance appraisal and personnel record. If you are writing a rebuttal you are probably angry and upset. Wait! Take a break and relax. Maybe work on the rebuttal the next day or when you are not so stressed out. After you are more relaxed, then start on your rebuttal. Take a blank piece of paper and start making notes on things that come to you about what you think should be in your rebuttal. Try to be objective and factual. Be clear and concise as possible. When possible incorporate the five W’s: What, When, Where, Who, and Why. The Self Assessment form may be helpful. Do not be emotional and/or personal by attacking your supervisor or others. It will only harm you. After you write the first or second draft of your rebuttal, put it down for 48 hours and then re-read it again. Look for errors and remove anything that may be emotional or personal to others. Next, have a trusted friend read the rebuttal and get their opinion. Finally, have a union steward or other union representative review the rebuttal before it is submitted to Management. Remember, this becomes a part of your personal record. The following memorandum format is suggested.

19

Date: Month/Day/YearTo: Your Supervisor’s NameFrom: Your NameCc: Union Representative (Steward, Agency VP. Etc)Subject: Rebuttal for Performance Appraisal of (Date)

BODY OF TEXTYour signature Employee Development Plan

This is very similar to the previous EDA Performance Action Plan. This is required when the employee’s rating “Does Not Achieve Performance Standards”. The Employee Development Plan requires the identification and use of specific, measurable, and achievable tasks relevant to the job assignment and the performing of specific actions by employee and supervisor for accomplishing the job assignments. Anticipated completion dates are to be documented when the plan is initiated. Completion dates are to be documented when plan is completed. If needed, job assignments can be revised. Anytime the Plan is changed or undated, a copy is to be provided to the employee. This plan should have the following:

1. Employee Development Plan Job Assignment with specific, measurable & achievable tasks

2. Employee Development Plan Date Initiated3. Actions to be performed by employee4. Actions to be performed by supervisor5. Anticipated Completion Date6. Actual Completion Date

The most important part of the Employee Evaluation Disciplinary Process is that it must comply with the union Contract (Agreement). Your specific rights and managements obligation for compliance is in Article 18.

20

Please refer to page 25 for more information on: Article 18. Disciplinary Actions Related to Unsatisfactory Employee Performance

Why Don’t Employees Do What They Are Supposed To Do?

These are the results of a survey conducted with 4000 managers. They varied in education, were both private and government, foreman to president level, and every function in employment. In order, the responses were as follows:

1. They don’t know what they are supposed to do.2. They don’t know how to do it.3. They don’t know why they should.4. There are obstacles beyond their control.5. They don’t think it will work.6. They think their way is better.7. Not motivated-poor attitude.8. Personally incapable of doing it (personal

limits).9. Not enough time for them to do it.10. They are working on wrong priority items.11. They think they are doing it (no feedback).12.Poor management.13.Personal Problems.

These are listed in the order they are given by managers. The first item on the list is given as an answer, first or second 99% of the time. What is

21

“If I were a worker in a factory, the first thing I would do would be to join a union.” Franklin D. Roosevelt

surprising about this is that when managers try to solve individual non-performance problems they rarely select this first answer as the place to start solving the problem. Another interesting aspect of the list is that only three items point to something inherently wrong with the worker, such as incapacity, poor attitude, or personal problems. The majority of the reasons for nonperformance are obviously because management didn’t do something (Source: Ferdinand F. Fouries, Coaching for Improved Work Performance, Van Nostrand and Reinhold Company, NY, 1978).

Motivation

Motivation is important. People support what they help to create. Factors that lead to job satisfaction and motivation:

• Responsibility • Creativity• Opportunity • Achievement• Growth • Participation• Challenge • Trust

“Unless there are opportunities at work to satisfy these higher-level needs, (Self-Fulfillment), people will be deprived, and their behavior will reflect this deprivation.” James MacGregor Burns – Leadership

Abraham Maslow developed what he called his Hierarchy of Needs. The bottom four needs are called Deficit Needs and are needed to function in everyday life. The Self-Actualization Needs are also called Self-Fulfillment Needs or Being Needs and is where we develop our own potential. People work best when satisfying these

22

needs. This can be done by what Frederick Herzberg calls Job Enrichment.

23

Responsibility

“Actually, management authority has been eroding in recent years. There is an authority vacuum whose symptom is cynicism, and the one way to counteract this cynicism and restore proper authority is to demand responsibility from each member of the work force. Responsibility is a hard task master, however. The worker who is asked to be responsible for what he/she does is going to expect that the manager will think through what he/she is doing and be able to explain his/her actions and behavior. The boss does not have to be perfect; he/she definitely does not have to be likeable; but he/she must appear to be doing what he/she is paid for: planning, outlining objectives, deciding priorities, setting assignments and standards – in short, assuming full responsibility for his/hers own performance. In the last analysis, the key factor in making people fully utilized, instead of just a potential resource, is to build into the work force – including management – the demand for responsibility, the discipline and the incentive of responsibility.” Peter F. Drucker, People are our Greatest Asset.

It is the responsibility of management to:

1. Communicate clearly the functions being delegated

2. Specify the level of authority3. Encourage staff participation in the process4. Review results, not method5. Show trust and positive expectations6. Solicit recommendations7. Give credit, not blame

24

8. Give support to employees9. Be consistent and10.Develop employees.

It is the responsibility of the employees to:

1. Take initiative2. Relate positively to the manager3. Ask for realism in delegation4. Establish personal and professional goals5. Determine objectives to accomplish goals6. Assist in determining means for feedback7. Report to the manager8. Carry out the delegation9. Continue in self-development and10.When a problem is discovered, provide or

suggest a solution.

The following is a priority ranking of items of what is most important to employees:

1. Interesting work2. Full appreciation of work done3. Feeling of being in on things4. Job security5. Good Wages6. Promotion and growth in the organization7. Good working conditions8. Personal loyalty to employees9. Sympathetic help on personal problems10.Tactful discipline

25

“The right to join a union of one’s choice is unquestioned today, and is sanctioned and protected by law.” Harry S. Truman

SEA-CWA Contact with the State of New MexicoARTICLE 17 – PERFORMANCE EVALUATION

Section 1. Employees shall receive written performance evaluations on an annual basis.Section 2. Performance criteria shall be specific, attainable, relevant, measurable, and consistent with an employee’s duties, responsibilities and relate to his/her job description. Measurement criteria shall be job and outcome related. The criteria shall be provided to an employee in writing at the outset of the rating period and changed during the period only after review with the employee. If an employee does not have an opportunity to perform work described by the criteria that criterion will not be considered in the performance appraisal process. Performance measurement criteria shall be applied fairly, objectively, and equitably. The Employer shall take into account when evaluating an employee’s performance, matters outside an employee’s controls, such as equipment and resource problems and lack of training. Pre-approved time away from the job including sick leave (not including call in notification), personal days, annual leave, and authorized duty time for union representational purposes and other authorized activities will not be considered negatively in the application of performance criteria. Evaluations shall fully take into account such approved absences in a measure of timeliness and quantity of work.

26

Section 3. When possible, the employee’s supervisor will prepare the annual performance appraisal. If such is not the case, the second level supervisor shall prepare the appraisal. If the evaluating supervisor is not the direct supervisor, he/she must have actually reviewed the employee’s performance. In conjunction with the transfer of an employee or his/her supervisor, the supervisor shall prepare an evaluation of the employee which shall be considered with other evaluations received during the year in order to develop the annual summary rating.

Section 4. End-Of-Year Appraisal. The end-of-year appraisal shall include at least the following:• Performance rating for the year;• Performance expectations applicable to the next

period which may be changed only after review with the employee;

• Modifications to the employee’s job description, if any; and

• Recommendations, if any, for training to enhance the employee’s skills.

The Employer will not prescribe a forced distribution of levels for ratings for employees covered by this Agreement. The Employer may change an employee’s end-of-cycle final evaluation only with written justification, which cites the employee’s performance criteria and the employee’s actual performance. The supervisor shall give employees a copy of the end-of-year appraisal and a copy will be placed in the employee’s personnel file. A statement of an employee’s objection to an appraisal or comment may be attached and put in their personnel file.

27

28

“Only a fool would try to deprive working men and women of the right to join the union of their choice.”Dwight D. Eisenhower

29

30

NEW MEXICO STATE PERSONNEL BOARDRules and Regulations (Last Revised – 12/ 30/ 2005)

TITLE 1 GENERAL GOVERNMENT ADMINISTRATION CHAPTER 7 STATE PERSONNEL ADMINISTRATION PART 9 PERFORMANCE APPRAISALS

1.7.9.8 FORM: A. The performance and development of employees shall be documented on an appraisal form number SPB 232 approved by the director, incorporated by reference into 1.7.9 NMAC, and shall become a part of each employee’s employment history. B. A performance and development plan shall be initiated within 90 calendar days of appointment, reassignment, promotion, demotion, reduction, transfer and/or the employee’s appraisal date. [1.7.9.8 NMAC - Rp, 1 NMAC 7.9.8, 07/07/01; A, 11/14/02; A, 3/31/04]

1.7.9.9 PERFORMANCE APPRAISAL:A. Managers and supervisors must successfully complete a director-approved course of study on employee performance appraisal within 90 days of appointment as a supervisor. B. The performance and development of a career employee shall be reviewed semi-annually and appraised by the immediate supervisor on an annual basis completed by the employee’s anniversary date. C. The performance and development of a probationary employee shall be reviewed through at least two interim reviews and a final review prior to the completion of the employee’s probationary period. The performance and development of promoted employees shall be reviewed through at least two interim reviews and a final review

31

prior to the completion of a one-year period upon promotion. D. The appraisal of employee performance and development shall be performed by the immediate supervisor with employee input and participation. Additional input and participation from employee’s peers, customers, subordinates, or other appropriate personnel may be applied when appropriate. E. Appraisals may be performed whenever an immediate supervisor wishes to make an employee’s performance a matter of record, upon change of immediate supervisor, or whenever appropriate. F. Managers and immediate supervisors who fail to comply with the provisions of 1.7.9 NMAC may be subject to disciplinary action including dismissal. [1.7.9.9 NMAC - Rp, 1 NMAC 7.9.9, 07/07/01; A, 11/14/02; A, 7/30/03; 12/01/03; A, 3/31/04] 1.7.9.10 [RESERVED] [1.7.9.10 NMAC - N, 07/01/02; A, 11/14/02; A, 7/30/03; A, 12/01/03; A, 3/31/04]

1.7.9.11 REBUTTAL: Employees may submit a rebuttal to performance appraisals, which shall become a part of the performance appraisal. [1.7.9.11 NMAC - Rp, 1 NMAC 7.9.10, 07/07/01]

32

“All that serves labor serves the nation. All that harms is treason…if a man tells you he loves America, yet hates labor, he is a liar…There is no America without labor and to fleece one is to rob another.”Abraham Lincoln

WEINGARTNER RIGHTS

The typical appraisal (Evaluation) consists of the initial review (meeting) and a final review. Interim reviews maybe done at the discretion of the supervisor. The initial meeting or review is where you will receive your job assignments. The final review, and interim reviews if used, is where your performance is evaluated. During any part of the evaluation process if 1) management questions you to obtain information; and 2) you have a reasonable apprehension that your answers could be used as a basis for discipline or other adverse action you have the right to ask for union representation either at the beginning of or during the interview. The U.S. Supreme Court has ruled that The National Labor Relations Act gives workers the right to request union representation during investigatory interviews by supervisors, security personnel, and other managerial staff. These are called Weingartner Rights. You must ask for union representation either at the beginning of or during the interview. Management does not have to remind you of this right. If your request is refused and management continues asking questions, you may refuse to answer. Your employer is guilty of an unfair labor practice and charges may be files. If you are questioned during a meeting or interview and this situation applies, read or present the following statement, it could save your job:

“If this interview could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer or steward be present at

33

this meeting. Until my representative arrives, I choose not to participate in this discussion.”

NOTES

34