3 NOV 1986
An action to demote an employee to a lower grade than the one the employee left to
accept the supervisory or managerial position or an action to demote or separate an
employee for reasons of conduct or performance not related to supervisory or
managerial performance is governed by COMDTINST M12750.3 (series).
An employee serving both probation under an initial competitive appointment and
under this Instruction has appeal rights granted in conjunction with the initial
competitive appointment probationary period. (See paragraph 11 .)
An allegation of discrimination due to race, color, religion, sex, national origin,
physical handicap, or age in connection with an action returning an employee to a
nonsupervisory or nonmanagerial position under this Instruction is to be processed as
a discrimination complaint under 29 CFR 1613.709. Final action on such a complaint
is appealable to the Equal Employment Opportunity Commission (EEOC). An
allegation of discrimination due to marital status or partisan political affiliation is
appealable to the MSPB if the employee is not serving probation as cited in paragraph
11. of this Instruction. An appeal to MSPB must be filed no later than 20 calendar
days after the action has been effected. The MSPB may extend the time limit for good
Actions in connection with the reassignment or return of an employee under this
Instruction are not covered by grievance procedures. However, employees may
request (in writing, and within 15 days of receipt of the notice of unsuccessful
completion of probationary period) a third level review under the provisions of
CREDITING SERVICE TOWARD COMPLETION OF THE PROBATIONARY
Movement to Other Supervisory or Managerial Positions During Probation.
When an employee serving probation under this Instruction is transferred,
reassigned, or promoted to another supervisory or managerial position, the
employee becomes subject to the probationary period for the new position.
However, service in the former position counts toward completion of the
probationary period required for the new position. If a supervisory employee
moves during probation to a managerial position, the employee must begin a
new 1 year probationary period in the managerial position. An exception to this
requirement may be made, and time in the supervisory probation period applied
to the 1 year managerial probationary period, under the same conditions
specified in paragraph 6.a.(3).