Pub. L. 96-70, 22 U.S.C. 3643.
This subpart implements section 1203 of the Panama Canal Act of 1979, which provides for the detail or transfer of Federal employees to the Panama Canal Commission with reemployment rights in the former agency.
In this subpart—
(a)
(b)
This subpart covers only eligible employees transferred or detailed to Commission positions with duty stations in the Republic of Panama.
(a)
(1) Career or career-conditional appointment in the competitive service;
(2) An appointment without a specific time limit in the excepted service; or
(3) A career appointment in the Senior Executive Service.
(b)
(1) An employee who is serving a trial period or probationary period under an initial appointment;
(2) An employee who has received a proposed notice of involuntary separation (e.g., separation based on reduction in force, adverse action, or performance);
(3) An employee who is serving in a position excepted from the competitive service under Schedule C of part 213 of this chapter, or under Presedential appointment; or
(4) An employee whose resignation has been accepted for reasons other than to accept employment with the Commission.
(a) An employee detailed to the Commission is subject to the same conditions of employment at his or her employing agency as if the employee has not been detailed.
(b) The Commission and the employing agency will arrange for the termination of a detail and the agency will return the employee to his or her former position or an equivalent one as provided in § 352.908 (b) and (c).
At the conclusion of a term of employment agreed upon as provided in § 352.903, employment with the Commission may be terminated without regard to parts 351, 359, 432, 752, or 771 of this chapter.
(a)
(1) No later than 30 calendar days after the expiration of the term of employment with the Commission;
(2) No later than 30 calendar days after receipt of notice of involuntary separation during the term of employment with the Commission; or
(3) No later than 30 calendar days after resignation with the consent of the Commission.
(b)
(1) Fails to apply within the time limits stated in paragraph (a) of this section;
(2) Resigns without the written consent of the Commission; or
(3) Within 10 calendar days, fails to accept an offer of reemployment made under § 352.908 that is determined to be a proper offer of reemployment by the reemploying agency or by the Merit Systems Protection Board on appeal.
(a)
(b)
(c)
(2) An employee whose right is to a position in the Senior Executive Service may be reemployed in or returned
(3) All other employees are entitled to be reemployed in or returned to a position at the same grade or level and in the same competitive area as the position last held in the former agency. If the reemployment would cause the separation or demotion of another employee, the applicant should be considered an employee for the purpose of applying the reduction-in-force regulations to determine to what, if any, position the employee is entitled. If the employee is not placed at the former grade or level, the agency must extend consideration beyond the competitive area. Responsibility for reemployment is agencywide.
(4) Reemployment may be at a higher grade than that to which the employee is entitled if all appropriate standards and requirements are satisfied and if this will not cause the displacement of another employee.
(5) The reemployment obligation may be satisfied by placement in any position within the agency that is acceptable to the employee.
(d)
(a) If an agency denies reemployment to an applicant who claims reemployment rights under this subpart, the agency must notify the applicant in writing of that denial and its reasons. In the same notice, the agency will inform the applicant of the right to appeal to the Merit Systems Protection Board under the provisions of the Board's regulations. The agency must comply with the provisions of § 1201.21 of this title.
(b)(1) When an agency has reemployed or returned an employee, it will advise the employee of the right of appeal if he or she considers the reemployment or return not to be in accordance with the Act and this subpart.
(2) An employee in a bargaining unit covered by a negotiated grievance procedure that does not exclude this matter must use the negotiated grievance procedure.
(3) An employee to whom paragraph (b)(2) of this section does not apply is entitled to appeal to the Merit Systems Protection Board under the provisions of the Board's regulations. The agency must comply with the provisions of § 1201.21 of this title.