RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.

SEC. 308. RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS. (a) Mediation.—Section 40122(a)(2) is amended by adding at the end the following: “The 60-day period shall not include any period during which Congress has adjourned sine die”. (b) Right To Contest Adverse Personnel Actions.—Section 40122 (as amended by section 307(a) of this Act) is further amended by adding at the end the following: “(h) Right To Contest Adverse Personnel Actions.—An employee of the Federal Aviation Administration who is the subject of a major adverse personnel action may contest the action either through any contractual grievance procedure that is applicable to the employee as a member of the collective bargaining unit or through the Administration’s internal process relating to review of major adverse personnel actions of the Administration, known as Guaranteed Fair Treatment, or under section 40122(g)(3). “(i) Election of Forum.—Where a major adverse personnel action may be contested through more than one of the indicated forums (such as the contractual grievance procedure, the Federal Aviation Administration’s internal process, or that of the Merit Systems Protection Board), an employee must elect the forum through which the matter will be contested. Nothing in this section is intended to allow an employee to contest an action through more than one forum unless otherwise allowed by law. “(j) Definition.—In this section, the term ‘major adverse personnel action’ means a suspension of more than 14 days, a reduction in pay or grade, a removal for conduct or performance, a nondisciplinary removal, a furlough of 30 days or less (but not including placement in a nonpay status as the result of a lapse of appropriations or an enactment by Congress), or a reduction in force action.”.