COMDTINST 12315.2
3 NOV 1986
13.
b.
Basis for Decision. An action to return or reassign an unsuccessful supervisor or
manager under this subchapter may be taken only for reasons directly related to the
employee's performance as a supervisor or manager. An action to demote or separate
for conduct or performance not related to supervisory or managerial performance is
governed by COMDTINST M12750.3 (series).
c.
Who Makes the Decision. The decision to return or reassign an employee to a
nonsupervisory or nonmanagerial position under this Instruction must be initiated by
the employee's immediate supervisor and concurred in by the second level supervisor.
The decision to return or reassign an employee to a nonsupervisory or nonmanagerial
position is not grievable but may, if requested by the employee, be reviewed by the
third level supervisor. The supervisor must notify the employee of the right to third
level review in the written notification required by paragraph 13.d. There is no
entitlement to review beyond the Commandant or outside the Coast Guard.
d.
Notice to the Employee. An employee who does not satisfactorily complete
supervisory or managerial probation must be advised in writing of the reasons for
his/her return to a nonsupervisory or nonmanagerial position.
e.
Position to Which Returned. An employee who is removed from a supervisory or
managerial position under this Instruction is entitled, except as provided in paragraph
13.e.(3), to be placed in a position in the Coast Guard of no lower grade and pay than
the one the employee left to accept the supervisory or managerial position. The
employee's entitlement is Coast Guard-wide although efforts should be made to place
the employee within the same commuting area. The promotion potential of a position
is not a factor to be considered in determining the position to which an employee is
entitled.
(1)
A transferee has a right to a position in the employing agency not back to the
agency from which transferred.
(2)
An employee who is appointed to a supervisory or managerial position from a
register or based on reinstatement or non-competitive eligibility and who is not
serving a probationary period for initial competitive appointment, is entitled to
be placed in a vacant position equal in grade to that currently held. There is no
authority under this Instruction for demoting such an employee.
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