§ 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
- (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;
- (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
- (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
- (3) No notice period may be shortened to less than 30 days under this subsection.
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