§ 4010a. Reductions in force

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(a)Authorization and regulations The Secretary may conduct reductions in force and shall prescribe regulations for the separation of members of the Service holding a career or career candidate appointment under subchapter III of this chapter, under such reductions in force which give due effect to the following:

(1)Organizational changes.

(2)Documented employee knowledge, skills, or competencies.

(3)Tenure of employment.

(4)Documented employee performance.

(5)Military preference, subject to section 3501(a)(3) of title 5.

(b)Applicability of retirement benefits The provisions of section 4009 of this title shall be applicable to any member of the Service holding a career or career candidate appointment under subchapter III of this chapter, who is separated under the provisions of this section.

(c)Grievance procedure An employee against whom action is taken under this section may elect either to file a grievance under subchapter XI or to appeal to the Merit Systems Protection Board under procedures prescribed by the Board. Grievances under subchapter XI shall be limited to cases of reprisal, interference in the conduct of an employee’s official duties, or similarly inappropriate use of the authority of this section.

(Pub. L. 96–465, title I, § 611, as added Pub. L. 103–236, title I, § 181(a)(2), Apr. 30, 1994, 108 Stat. 417; amended Pub. L. 103–415, § 1(ii), Oct. 25, 1994, 108 Stat. 4303.)

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