5 U.S.C.
§ 3502. Order of retention
- (a) The Office of Personnel Management shall prescribe
regulations
for the release of competing employees in a reduction in force
which give due
effect to -
- (1) tenure of employment;
- (2) military preference, subject to section (a)(3)
of this title;
- (3) length of service; and
- (4) efficiency or performance ratings. In computing length
of service, a
competing employee -
- (A) who is not a retired member of a uniformed service is
entitled to
credit for the total length of time in active service in the
armed forces;
- (B) who is a retired member of a uniformed service is
entitled to credit
for -
- (i) the length of time in active service in the armed forces
during a war,
or in a campaign or expedition for which a campaign badge has
been authorized;
or
- (ii) the total length of time in active service in the armed
forces if he
is included under section 3501(a)(3)(A), (B), or
- (C) of this title; and
- (C) is entitled to credit for -
- (i) service rendered as an employee of a county committee
established
pursuant to section 8(b) of the Soil Conservation and Allotment
Act or of a
committee or association of producers described in section 10(b)
of the
Agricultural Adjustment Act; and
- (ii) service rendered as an employee described in section
2105(c) if such
employee moves or has moved, on or after January 1, 1987, without
a break in
service of more than 3 days, from a position in a nonappropriated
fund
instrumentality of the Department of Defense or the Coast Guard
to a position in
the Department of Defense or the Coast Guard, respectively, that
is not
described in section 2105(c).
- (b) A preference eligible described in section 2108(3)(C) of
this title
who has a compensable service-connected disability of 30 percent
or more and
whose performance has not been rated unacceptable under a
performance appraisal
system implemented under chapter 43 of this title is entitled to
be retained in
preference to other preference eligibles.
- (c) An employee who is entitled to retention preference and
whose
performance has not been rated unacceptable under a performance
appraisal system
implemented under chapter 43 of this title is entitled to be
retained in
preference to other competing employees.
- (d)(1) Except as provided under subsection (e), an employee
may not be
released, due to a reduction in force, unless -
- (A) such employee and such employee's exclusive
representative for
collective-bargaining purposes (if any) are given written notice,
in conformance
with the requirements of paragraph (2), at least 60 days before
such employee is
so released; and
- (B) if the reduction in force would involve the separation
of a
significant number of employees, the requirements of paragraph
(3) are met at
least 60 days before any employee is so released.
- (2) Any notice under paragraph (1)(A) shall include -
- (A) the personnel action to be taken with respect to the
employee
involved;
- (B) the effective date of the action;
- (C) a description of the procedures applicable in
identifying employees
for release;
- (D) the employee's ranking relative to other competing
employees, and how
that ranking was determined; and
- (E) a description of any appeal or other rights which may be
available.
- (3) Notice under paragraph (1)(B) -
- (A) shall be given to -
- (i) the appropriate State dislocated worker unit or units
(referred to in
section 311(b)(2) of the Job Training Partnership Act); and
- (ii) the chief elected official of such unit or each of such
units of
local government as may be appropriate; and
- (B) shall consist of written notification as to -
- (i) the number of employees to be separated from service due
to the
reduction in force (broken down by geographic area or on such
other basis as may
be required under paragraph (4));
- (ii) when those separations will occur; and
- (iii) any other matter which might facilitate the delivery
of rapid
response assistance or other services under the Job Training
Partnership Act.
- (4) The Office shall prescribe such regulations as may be
necessary to
carry out this subsection. The Office shall consult with the
Secretary of Labor
on matters relating to the Job Training Partnership Act.
- (e)(1) Subject to paragraph (3), upon request submitted
under paragraph
(2), the President may, in writing, shorten the period of advance
notice
required under subsection (d)(1)(A) and (B), with respect to a
particular
reduction in force, if necessary because of circumstances not
reasonably
foreseeable.
- (2) A request to shorten notice periods shall be submitted
to the
President by the head of the agency involved, and shall indicate
the reduction
in force to which the request pertains, the number of days by
which the agency
head requests that the periods be shortened, and the reasons why
the request is
necessary.
- (3) No notice period may be shortened to less than 30 days
under this
subsection.
|