5 U.S.C. § 3383 | Determinations; review procedures

(a)

section 3382 of this title An air traffic controller subject to a determination by the Secretary under section 3381(a) or , shall be furnished a written notice of the determination and the reasons therefor, and a notification that the controller has 15 days after the receipt of the notification within which to file a written request for reconsideration of the determination. Unless the controller files such a request within the 15 days, or unless the determination is rescinded by the Secretary within the 15 days, the determination shall be final.

(b)

If the Secretary does not rescind his determination within 15 days after his receipt of the written request filed by the controller under subsection (a) of this section, the Secretary shall immediately convene a board of review, consisting of—

(1)

a person designated by the controller;

(2)

a representative of the Executive agency in which the controller is employed designated by the Secretary; and

(3)

a representative of the Merit Systems Protection Board, designated by the Chairman, who shall serve as chairman of the board of review.

(c)

The board of review shall review evidence supporting and inconsistent with the determination of the Secretary and, within a period of 30 days after being convened, shall issue its findings and furnish copies thereof to the Secretary and the controller. The board may approve or rescind the determination of the Secretary. A decision by the board under this subsection is final. The Secretary shall take such action as may be necessary to carry out the decision of the board.

(d)

section 3382 of this title Except as provided under , the review procedure of this section is in addition to any other review or appeal procedures provided under any other provision of law, but is the sole and exclusive administrative remedy available to a controller within the Executive agency in which such controller is employed.

Pub. L. 92–297, § 3(a)May 16, 197286 Stat. 143 Pub. L. 95–454, title IX, § 906(a)(6)Oct. 13, 197892 Stat. 1225 Pub. L. 96–347, § 1(b)Sept. 12, 198094 Stat. 1150(Added , , ; amended , , ; , (c)(2), (3), , .)

Editorial Notes

References in Text

section 2109 of this titleFor definition of Secretary, referred to in text, see .

Amendments

Pub. L. 96–347, § 1(b)1980—Subsec. (a). , substituted “Secretary under” for “Secretary of Transportation under”.

Pub. L. 96–347, § 1(c)(2)Subsec. (b)(2). , substituted “the Executive agency in which the controller is employed” for “the Department of Transportation”.

Pub. L. 96–347, § 1(c)(3)Subsec. (d). , substituted “within the Executive agency in which such controller is employed” for “within the Department of Transportation”.

Pub. L. 95–4541978—Subsec. (b)(3). substituted “Merit Systems Protection Board” for “Civil Service Commission”.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Pub. L. 96–347Sept. 12, 1980section 3 of Pub. L. 96–347 section 2109 of this titleAmendment by effective on 90th day after , see , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–454Oct. 13, 1978section 907 of Pub. L. 95–454 section 1101 of this titleAmendment by effective 90 days after , see , set out as a note under .

Effective Date

May 16, 1972section 10 of Pub. L. 92–297 section 3381 of this titleSection effective on 90th day after , see , set out as a note under .