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.
22 U.S. Code § 4010a. Reductions in force
(a) Authorization and regulationsThe 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:
Documented employee knowledge, skills, or competencies.
Documented employee performance.
Military preference, subject to section 3501(a)(3) of title 5.
(b) Applicability of retirement benefits
(c) Grievance procedure
1994—Pub. L. 103–415 made technical amendment relating to style of section catchline.
Employment Assistance Referral System for Certain Members of Foreign Service
“(a) Referral System.—
Certain members of the Foreign Service (as described in subsection (b)), may participate in the Office of Personnel Management’s Interagency Placement programs or any successor program. Such members of the Foreign Service shall be treated in the same manner as employees participating in such a program as of the effective date of this Act [Apr. 30, 1994].
Consultation With Director of Office of Personnel Management Prior to Prescribing Regulations for Reductions in Force
“The Secretary of State (or in the case of any other agency authorized by law to utilize the Foreign Service personnel system, the head of that agency) shall consult with the Director of the Office of Personnel Management before prescribing regulations for reductions in force under section 611 of the Foreign Service Act of 1980 [22 U.S.C. 4010a] (as added by subsection (a) of this section), and shall publish such regulations.”