Management Proposes New Performance Appraisal Plan for Examiners
That Uses Flat Goals and Increases Examiner Production
At a time when everyone except USPTO management is saying that examiners need more time to do a quality examination, the USPTO once again wants to take time away from examination.
The USPTO has notified POPA that it intends to implement a new Performance Appraisal Plan (PAP) that would require a flat goal of production units per year per examiner. It would also raise the level of production required for a fully successful performance rating from 95% to 100% in addition to any production increases encompassed in calculating the flat goal itself. This will make it easier for the USPTO to fire people at a time when they need to retain every examiner they can. This new PAP is similar to the one the agency implemented for Trademark attorneys. It will be a voluntary pilot program beginning next fiscal year, but there is little doubt that this new PAP is the direction management wants to go for everyone in the near future.
This PAP requires an examiner be given a defined number of cases to be done during the review period. To maintain a fully successful rating (and all the benefits requiring at least a fully successful rating, i.e., Increased Flexitime Program, hoteling, compensatory time, overtime, keeping your job, etc.), an examiner would need to complete 100% of the assigned goal.
Read the USPTO's notice to POPA and the proposed PAP for a GS-14 primary examiner. As you can see from the agency's notice, there is no clear explanation as to how the new flat goal will be calculated. Will it be based on 70% examining time, 80% or 100%? Neither does the agency's notice specify whether examiners who volunteer for this new PAP will be eligible for gainsharing awards and/or special achievement awards (SAAs). It does propose a new award for production units above the flat goal, but provides no details as to how the award will be determined. There are no provisions set forth in management's proposal to deal with extended sick or annual leave, or leave without pay such as is used for the Family Medical Leave Act (FMLA) and maternity/paternity leave.
POPA has requested negotiations on the impact and implementation of this new PAP plan. Unless and until POPA and the USPTO reach agreement on this issue, we cannot recommend participation in this program to examiners.