S.Amdt. 3547

1. Adds SEC. 515. RIGHTS OF APPEAL IN CERTAIN ADVERSE PERSONNEL ACTIONS FOR MILITARY TECHNICIANS at the end of subtitle B of title V

   Adds a section

   In S. 2410 · Placed on Calendar Senate

   The Office of Employer Support for the Guard and Reserve (ESGR) shall, using funds available to the Office under this Act, take appropriate actions to increase the number of program support specialists in the States in order to reduce the number of unemployed and underemployed members of the National Guard and to educate employers on requirements of chapter 43 of title 38, United States Code (commonly referred to as "USERRA").

   Inserted: SEC. 515. RIGHTS OF APPEAL IN CERTAIN ADVERSE PERSONNEL ACTIONS FOR MILITARY TECHNICIANS.

   Inserted: (a) Rights of Grievance, Arbitration, Appeal, and Review Beyond AG.--Section 709 of title 32, United States Code, is amended--

   Inserted: (1) in subsection (f)--

   Inserted: (A) in the matter preceding paragraph (1), by striking "Notwithstanding any other provision of law and under" and inserting "Under"; and

   Inserted: (B) in paragraph (4), by striking "a right of appeal" and inserting "subject to subsection (j), a right of appeal"; and

   Inserted: (2) by adding at the end the following new subsection:

   Inserted: "(j)(1) Notwithstanding subsection (f)(4) or any other provision of law, a technician and a labor organization that is the exclusive representative of a bargaining unit including the technician shall have the rights of grievance, arbitration, appeal, and review extending beyond the adjutant general of the jurisdiction concerned and to the Merit Systems Protection Board and thereafter to the United States Court of Appeals for the Federal Circuit, in the same manner as provided in sections 4303, 7121, and 7701-7703 of title 5, with respect to a performance-based or adverse action imposing removal, suspension for more than 14 days, furlough for 30 days or less, or reduction in pay or pay band (or comparable reduction).

   Inserted: "(2) This subsection does not apply to a technician who is serving under a temporary appointment or in a trial or probationary period.".

   Inserted: (b) Adverse Actions Covered.--Subsection (g) of such section is amended by striking ", 3502, 7511, and 7512" and inserting "and 3502".

   Inserted: (c) Conforming Amendments.--Section 7511(b) of title 5, United States Code, is amended--

   Inserted: (1) by striking paragraph (5); and

   Inserted: (2) by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively.

   Original wording

   At the end of subtitle B of title V, add the following:

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As printed