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labor at navy yards shall be made without the approval of the Commission. (R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633) [E.O. 209, Mar. 20, 1903]

CROSS REFERENCES: For classification of certain Navy-yard employees, see § 2.101. For regulations of the Navy Department for classification of civilian employees, see 34 CFR Part 10.


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50.0 Certain positions excepted from 50.14 Office of Public Buildings and

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Section 50.0 Certain positions excepted from examination under § 2.3. The positions designated in this part are excepted from examination, but not more than one position shall be treated as excepted under any title unless a different number of positions be indicated.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]

*$$ 50.0 to 50.20, inclusive, issued under the authority contained in R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633.

50.1 General exceptions. (a) Two private secretaries or confidential clerks to the head of each of the executive departments and one to each assistant head and one to the Public Printer. [E.O. 1803, July 23, 1913]

(b) One private secretary or confidential clerk to each of the heads of bureaus, appointed by the President in the executive departments, if authorized by law. [E.O. 1784, June 6, 1913]

(c) All persons appointed by the President without confirmation by the Senate. [E.Ó. 209, Mar. 20, 1903]

(d) All attorneys, assistant attorneys and special assistant attorneys, except those in the Veterans' Administration [E.O. 4611, Mar. 12, 1927.] (See §§ 50.2, 50.4, 50.6, 50.8, 51.10 for additional legal positions excepted from competitive examination.)

(e) All Chinese, Japanese, and Hindu interpreters. [E.O. 2132, Feb. 1, 1915]

3 Also included in the classified service are those in departments and offices required by statute or by Executive order to be filled through competitive examination.

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(f) Any person receiving from one department or establishment of the Government for his personal salary compensation aggregating not more than $540 per annum whose duties require only a portion of his time, or whose services are needed for very brief periods at intervals, provided that employment under this provision shall not be for job work such as contemplated in § 8.4. The name of the employee, designation, duties, rate of pay, and place of employment shall be shown in the periodical reports of changes; and, in addition, when payment is not at a per annum rate, the total service rendered and the distribution of such service during the year shall be shown in the report of changes at the end of each year or when the employee is separated from the service. The additional employment under similar conditions of such a person by another department or establishment of the Government will be subject to the approval of the Civil Service Commission. [E.O. 7103, July 18, 1935] This authority shall not cover appointments in the District of Columbia. (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs. CSC, as of June 1, 1938]

(g) Any person employed in a foreign country, or in the Virgin Islands, or in any island possession of the United States in the Pacific Ocean except the Hawaiian Islands, or United States citizens employed in a confidential capacity in the Philippine Islands, when in the opinion of the Civil Service Commission it is not practicable to treat the position as in the competitive classified service; but this exception shall not apply to any person employed in a foreign country contiguous to the United States in the service of the Immigration and Naturalization Service, Department of Labor. [E.O. 7746, Nov. 20, 1937, 2 F.R. 2533]

(h) Positions the duties of which are of a quasi-military or quasinaval character when in the opinion of the Commission they cannot be filled from registers of eligibles. [E.O. 2783, Jan. 10, 1918]

(i) All positions in Alaska which cannot be filled from appropriate existing registers, except those in the Customs Service. Former employees who served in positions excepted under this paragraph may be reinstated at any time upon the recommendation of the appointing officer and the approval of the Civil Service Commission. [E.O. 7257, Dec. 26, 1935]

(j) A person serving under temporary appointment continuously since May 29, 1899, may be permanently appointed, in the discretion of the appointing officer. [E.O. 209, Mar. 20, 1903]

(k) A person holding an excepted position, which he entered prior to November 2, 1894, and in which he has since served continuously, may, subject to the other conditions and provisions of the rules in this chapter be transferred to a competitive position. [E.O. 209, Mar. 20, 1903]

(1) Mechanics and skilled tradesmen or laborers, employed upon construction or repair work in the field services, under such restrictive conditions that, in the opinion of the Commission, they cannot, as a class, be appointed from registers of eligibles. [E.O. 334, June 13, 1905]


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(m) Cooks, when in the opinion of the Commission it is not expedient to make appointment upon competitive examination. [E.O. 375, Nov. 27, 1905]

(n) One chauffeur, each, for the personal use of the President, the head of any executive department, the Secretary to the President, and such other chauffeurs as may from time to time be authorized by competent authority, may be appointed without reference to the civilservice rules or the labor regulations. [E.O. 713, Nov. 20, 1907]

(0) All officers and employees in the Federal service upon the Isthmus of Panama, except those who are to perform the duties of clerk, bookkeeper, stenographer, typist, surgeon, physician, trained nurse, or draftsman. Appointments to clerical positions on the Isthmus of Panama paying not more than $100 in gold per month, may be made without examination under the civil-service rules. [E.O. 4928, July 6, 1928]

(p) All chaplains. [E.O. 4005, May 7, 1924]

(q) One private secretary or confidential clerk to the head of each independent establishment, to the assistant to the head of each independent establishment, and to each member of commissions or boards; when such heads, assistants, or members are appointed by the President.* [E.O. 5588, Mar. 31, 1931]

50.2 State Department. (a) All assistants to the legal adviser. [E.O. 5657, June 24, 1931]

(b) All employees of international commissions, congresses, conferences, and boards. [E.O. 4992, Nov. 7, 1928]

(c) Chief and two assistant chiefs of the Foreign Service Buildings Office.* [E.O. 7679, July 30, 1937]

50.3 Treasury Department. (a) In the New York customs district; Stitch counters. [E.O. 1371, June 12, 1911]

(b) One private secretary or confidential clerk to the superintendent in each mint and in the assay office at New York. [E.O. 1709, Feb. 20, 1913]

(c) Public Health Service: Any local physician employed on a fee basis or a part-time basis where, in the opinion of the Commission, the establishment of registers is impracticable. [E.O. 4438, May 8, 1926]

(d) Public Health Service: All attendants employed in hospitals, sanatoriums, and other similar establishments where, in the opinion of the Commission, the establishment of registers is impracticable; employees engaged on problems in preventive medicine financed or participated in by the Treasury Department and a cooperating State, county, municipality, incorporated organization, or an individual, in which at least one-half of the expense is contributed by the cooperating agency either in salaries, quarters, materials, equipment, or other necessary elements in the carrying on of the problem; and employees assigned to classified positions during treatment or convalescence at Government sanatoriums. [E.O. 7878, Apr. 29, 1938, 3 F.R. 846]

(e) In the Alaska Customs Service all persons appointed or employed for the season of navigation only. [E.O. 291, Jan. 24, 1905]

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*For statutory citation, see note to § 50.0.

(f) All national-bank examiners, assistant national-bank examiners, receivers and assistant receivers under the office of the Comptroller of the Currency. [E.O. 5236, Dec. 9, 1929]

(g) Public Health Service: All persons actually employed in leprosy, yellow fever, and psittacosis investigation stations. [E.O. 7809, Feb. 8, 1938, 3 F.R. 327]

(h) Special employees employed temporarily for detective work in the Internal Revenue Service, under the appropriation for detecting and bringing to trial and punishment persons violating the internal-revenue laws; and special employees in the field service of the Bureau of Narcotics whose services are required because of individual knowledge of violations of law, who shall be continued only so long as their personal knowledge of such violations makes their services necessary. This exemption from competition is for exceptional and unusual cases only, report to be made to the Civil Service Commission by letter as soon as the appointment is made. [E.O. 7241, Dec. 4, 1935]

(i) Five deputy commissioners of internal revenue. [E.O. 3611, Jan. 9, 1922]

(j) Public Health Service: All research associates holding fellowships for a fixed term of service in the National Institute of Health under the act approved May 26, 1930. The qualifications for such research associates shall be subject to approval by the Commission.* [E.O. 5544, Jan. 30, 1931]

50.4 War Department. (a) All telegraph operators and telegraph linemen receiving a monthly compensation of $80 or less serving on military telegraph systems or at military stations, and who perform their duties in connection with their private business or with other employment, such duties requiring only a portion of their time. Appointment to such positions shall be subject to noncompetitive examination as to practical skill in the work required therein by a signal officer or acting signal officer, whose certificate as to the professional fitness of the appointee shall be forwarded to the Secretary of War and a duplicate thereof to the Civil Service Commission. [E.O. 4720, Sept. 12, 1927]

(b) United States Army Transport Service: Longshoremen employed by the Department at ports in the United States; trade and noneducational employees in the Philippine Islands; and all employees on transport ships other than the following: Master, first officer, second officer, third officer, fourth officer, wheelman, boatswain, carpenter, radio operator, chief engineer, first assistant engineer, second assistant engineer, third assistant engineer, fourth assistant engineer, plumber, deck engineer, electrician, assistant electrician, boiler maker, machinist, refrigerating engineer, quartermaster agent, clerk, clerkembalmer, baggageman-embalmer, general storekeeper, storekeeper, assistant storekeeper, chief steward, second steward, third steward, cabin steward, linenman, stewardess, yeoman (deck and steward departments), and master-at-arms. The positions occupied by such employees are hereby classified. The Secretary of War and the Civil Service Commission are authorized to include, solely in the public

*For statutory citation, see note to § 50.0.

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interest, other employees and positions of like character and stability of tenure. [E.O. 4085, Oct. 11, 1924]

(c) Consulting architect for work of reconstructing the United States Military Academy at West Point, N. Y. [E.O. 287, Dec. 24, 1904]

(d) All positions on torpedo and mine planters and cable boats, both navigating and operative, of the Quartermaster Corps of the Army. [E.O. 2189, May 4, 1915]

(e) One law officer in the Bureau of Insular Affairs. [E.O. 322, May 12, 1905]

(f) One superintendent, one chief chemist and assistant superintendent, and one first assistant chemist, for service in connection with the operation of the Washington filtration plant, under the Engineer Department. [E.O. 326, May 18, 1905]

(g) All caretakers of abandoned military reservations or of abandoned or unoccupied military posts, when the positions are filled by retired noncommissioned officers or enlisted men. [E.O. 770, Mar. 17, 1908]

(h) Civilian professors, instructors (except civilian instructor of wrestling, civilian instructor of boxing, civilian instructor of gymnastics, and chapel organist and choirmaster), and teachers in the United States Military Academy at West Point, and the position of librarian when filled by appointment of a graduate of that academy. [E.O. 7815, Feb. 15, 1938, 3 F.R. 384]

(i) All kitchen helpers (such as baker's helper, bread cutter, butcher's helper, coffeeman, cook, fireman, linenman, pantryman, silverman), waiters, and, when promoted from the position of waiter, head and assistant head waiters. [E.O. 6046, Feb. 24, 1933]

(j) Superintendent of construction, Quartermaster Corps, Corregidor, Philippine Islands. [E.O. 1109, July 9, 1909]

(k) All contract surgeons. [E.O. 950, Oct. 9, 1908]

(1) Clerk qualified as translator of the English, Spanish, and Tagalog languages in the Bureau of Insular Affairs. [E.O. 205, Mar. 7, 1903]

(m) Watchmen on fortifications under construction and watchmen at warehouses, depots, wharves, and piers belonging to or controlled by the War Department, when the positions are filled by men who have served at least two enlistments in the Army, Navy, or Marine Corps. [E.O. June 29, 1917] Service of 5 years in the Army, Navy, or Marine Corps will be regarded as constituting two enlistments. (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]

(n) All artificial-limb makers; attendants, nurses' quarters; bath attendants; brace makers; cooks; cooks, nurses' quarters; housekeepers; kitchen helpers; masseurs; male and female nurses, not including the Army Nurse Corps (female); student nurses; junior dietitians; junior reconstruction aides; dietitians; reconstruction aides; ward attendants; and other employees at Army hospitals directly engaged in caring for the sick. Hospital employees in the Philippines and Hawaiian Departments, and in Puerto Rico. Hospital employees and

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