NOTE 1: First level supervisors/rating officials are authorized to sign and issue notices, receive and consider employees' answers, and make recommendations to a higher level management official on final decisions to withhold within-grade-increases.
This sample letter is the final decision to withhold an employee's within-grade-increase (WGI) after reconsideration by a higher level management official.
NOTE 2: Ensure the employee initials and dates receipt of this notice and the original copy is provided to the employee, a copy is retained by the supervisor, and a copy is provided to the Civilian Personnel Advisory Center (CPAC) for maintenance in the case folder.
SUBJECT: Final Decision to Withhold Within-Grade-Increase (WGI)
1. Reference is made to the initial decision to withhold your within-grade-increase (WGI) dated **------**, which was delivered to you on **------**. Reason(s) for withholding your WGI was for failure to meet the following performance element(s) and performance standard(s):
**List each deficiency by element, standard, and reason(s) his/her performance does not meet the standard - verbatim from initial decision**.
2. You were afforded 15 calendar days in which to request reconsideration of this decision, either orally or in writing.
**Select the option and paragraph which applies**
Your oral reconsideration request was provided on **------**; your written request for reconsideration was received on **------**. I have fully and fairly considered the reason(s) you provided for reconsideration and the reasons contained in the initial decision to withhold your WGI. I find that the performance problem(s) described in paragraph 1 of the initial decision are fully supported by the performance documentation, are sustained, and warrant withholding your WGI.
You did not request reconsideration of the initial decision. In the absence of any request for reconsideration, I have fully and fairly considered the reasons contained in the initial decision to withhold your WGI. I find that the performance problem(s) described in paragraph 1 of the initial decision are fully supported by the performance documentation, are sustained, and warrant withholding your WGI.
3. It is my final decision that your WGI which is (was) due on **------** be withheld.
4. **Select the paragraph which applies**
(for employees who are not covered by a negotiated grievance procedure or who are covered by a negotiated grievance procedure that specifically excludes grievances of negative reconsideration decisions)
You may file an appeal with the following Merit Systems Protection Board (MSPB), office by personal or commercial delivery, by facsimile, or by mail:[provide the address, phone and facsimile numbers of the appropriate
Board office for filing the appeal]. In the alternative, as of October 20, 2003, an appeal may be filed electronically by using the Internet
filing option available at the Board's website http://www.mspb.gov/.
For your convenience, a copy of MSPB appeal procedures is at Attachment 1. Also, a copy of the MSPB appeal form which you may use to file your appeal
is at Attachment 2. If you elect to appeal, you must file your appeal with the MSPB not later than 30 days after the date you receive this decision. This 30-day period for filing an appeal will be extended an additional 30 days if, by the end of the initial 30-day period and prior to your filing a formal appeal, a written agreement is executed between you and this activity agreeing to attempt to resolve this matter through an alternative dispute resolution process. You may be represented by a representative of your choice in filing an appeal.
(for bargaining unit employees where the local negotiated agreement does not expressly exclude WGI determinations)
You have the right to have this action reviewed under the negotiated grievance procedure. You may submit a written grievance under the negotiated Union-Management Agreement with **Name of Union**. If you submit a grievance under the negotiated grievance procedure, you must do it in writing beginning with the day after the date of this decision but no later than **contact the CPAC for timeframe or review the particular negotiated agreement article entitled Negotiated Grievance Procedures** calendar days after the effective date. Your grievance should be presented to **identify the appropriate management official and his/her office symbol**. You have the right to Union representation at any stage of a grievance related to this action.
5. Once you present an appeal of the final decision to withhold your WGI to the MSPB you may not submit a grievance on the same matter; if you decide to submit a grievance regarding the final decision to withhold your WGI you cannot submit an appeal to the MSPB.
6. If you wish to read regulations pertinent to this decision or obtain further
information about your procedural rights, you may contact **CPAC POC**, Building **------**, Room **------**, telephone number **---------**.
(If MSPB appeal procedures apply, include following notation on attachments)
1. MSPB Appeal Procedures
2. MSPB Appeal Form
Employee's Initials and Date of Receipt ________________