William H. Adair and Patricia Adair - Page 26

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            discretion of the head of a U.S. agency, as well as the Secretary                           
            General of NATO.                                                                            
                  Requests for extensions of tour with NATO were subject to                             
            U.S concurrence, but contrary to respondent's contentions, there                            
            is no authority for the proposition that the United States could                            
            require petitioner's return or terminate petitioner's tour before                           
            expiration of an agreed-upon term.  Respondent seeks support for                            
            her contention in language contained in a standard form entitled                            
            Rotation Agreement--Employees Recruited From The United States,                             
            stating that extensions beyond the initial tour will be                                     
            authorized should management decide that an extension would be in                           
            the best interests of the DOA.  This form further states that                               
            denial of such extension was not contestable.  These statements                             
            are consistent with U.S. law.  To retain reemployment rights, a                             
            transferee must separate from an international organization                                 
            within his agreed term of employment and any agreed extensions                              
            thereof.  We find that the United States retained the right to                              
            deny a request for an extension of an agreed term, but could not                            
            require a transferee to return before his agreed term expired.                              
            Further, should a transferee choose to remain beyond his tour                               
            without U.S. approval, he would forfeit any right to                                        
            reemployment.                                                                               
                  NATO's rights of termination were markedly broader than the                           
            rights of the United States.  Significantly, NATO could terminate                           






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