26 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 terminatePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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