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Commercial policy analyst, Jan. 15, 1941

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Assistant dental mechanic.

War Department, Air Corps

Technical Training Com-
mand:

Instructors (all types) ------ Jan. 2, 1942 War Department, Military In

telligence Division, Information Control Branch: Positions in the mail censorship program.

Dec. 27, 1941

War Department, Signal Corps:
Cryptanalyst (all grades) --- Mar. 18, 1941

NOTE: For appointments made on and after January 16, 1940, and before November 7, 1940, the probationary period was regarded as having been completed on January 15, 1941, or upon the completion of six months service, whichever was later, unless the probation for the position had been fixed for a longer period by regulation.

When an employee had served only a portion of the probationary period and was granted a furlough or leave without pay, the probationary period was extended for the period of time the employee was in a nonpay status, which means that an employee must have served in a pay status for the total period prescribed as probationary.

NOTE: Except as provided above and in 39 U.S.C., 614, the period of probation of substitute employees in the postal field service was based on hours of service and not on calendar months. Such employees completed their probationary periods after 1224 hours were actually served. Those substitute employees who served 1224 hours or more but less than 2448 hours from the date of appointment to January 15, 1941, had completed their probation. (Appointments to positions in the postal service except Postmaster were by Executive Order No. 9378 of September 23,

Undertaker___.

Do.

Apr. 23, 1941

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Sec.

12.319 Termination at administrative discretion.

12.320 12.321

Categories of competition.

Sequence of selection; where an efficiency rating system approved by the Commission is used.

12.322 Sequence of selection; where an efficiency rating system is used under administrative authority and provides evaluations comparable to approved systems.

12.323 Sequence of selection; where no efficiency rating system is used or where the system used does not provide evaluations comparable to approved systems.

12.324 Sequence of selection; exceptions, statutory retention rights. 12.325 Sequence of selection; exceptions, special cases.

12.326 Preparation of reduction-in-force list; requirements.

12.327 Preparation of reduction-in-force list; itemized information. Reduction-in-force certificate. Reduction-in-force actions; separations and demotions.

12.328 12.329

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Pur

12.301 Extent of §§ 12.301-12.337. suant to the provisions of the Veterans' Preference Act of 1944 (58 Stat. 387), the following regulations are promulgated to govern reductions in force in the civilian service in all departments in the executive branch of the Federal Government. Nothing in §§ 12.301-12.337 is intended to apply to any position or appointment which is required to be confirmed by, or made with, the advice and consent of the United States Senate, or to any appointment made personally by the President of the United States without confirmation by the Senate.

§ 12.302 Policy. It is the duty of every administrator to curtail his working force whenever he has a surplus of employees. Reduction-in-force regulations do not make

this task easier but they help to give proper weight to the different factors which must be considered. These regulations were prepared with a great deal of care and are issued with the hope that they provide an answer to most of the problems that will arise. They are complex because there are so many factors which must be considered. Underlying policies should be kept in mind in applying the rules to individual cases. The most important policies are as follows:

(a) Looking ahead for changes in work loads, available funds and employee turnover, and restricting appointments in certain lines of work may prevent a surplus in workers which would otherwise occur. It is better practice to keep a working staff down to the number required than to cut down an oversize staff of employees.

(b) Employees who are not giving satisfactory service should be separated by appropriate methods or shifted to positions where they can give satisfactory service before it is necessary to reduce the force. Employees who are separated in a reduction in force should not be made to feel that their work has been unsatisfactory.

(c) When it can be seen that a reduction in force seems to be necessary, this fact should be made known to workers in each group where there is a surplus to give them an opportunity to take up the slack by voluntary resignations or transfers. At the same time, shifts in personnel should be planned which will enable the organization to work on the reduced basis. Frankness in dealing with employees will avoid many controversies later.

(d) All plans should provide for the return of members of the working force who are absent on furlough in the military services or in the Merchant Marine, and employees transferred with reemployment rights to other departments where their services are more vital to the war effort. Many of these employees will return to claim their former positions and there should be no delay in restoring those with proper claims.

(e) When involuntary separations are necessary in order to reduce the working force those with the least claims to retention should be separated first in any group where there is a surplus of workers. Career employees should not be separated as long as any employees who are not in the career service are retained in positions which the career employees can fill.

(f) Congress has specified that employees who have risked their lives by serving their country in the military services, the widows of veterans, and the wives of disabled veterans, must be given preference for retention in civilian positions, whenever there is a reduction in force.

(g) More outstanding employees must be preferred for retention over employees who are not so outstanding in a reduction in force.

(h) Those who have served faithfully for long periods of years should have preference over those who have served for shorter periods of time, in a reduction in force.

(i) The foregoing rules can be applied only when the area of competition is broad enough to permit interchange of personnel to protect career workers, to safeguard veteran preference, to keep the best workers, and to give proper consideration to seniority.

(1) Employees who are in danger of losing their positions in a reduction in force should have as much notice as possible and should be fully informed as to the reasons why they were selected for separation while others are retained. Frankness in dealing with employees is always a good policy.

(k) There must be an opportunity for employees who feel that their rights have been violated to have appeals considered by an impartial department. The Commission has been designated as the agency to consider such appeals.

§ 12.303 Definitions. For the purpose of §§ 12.301-12.337, the following definitions are given for the words, terms, and phrases listed below.

(a) "Reduction in force" means the involuntary separation from the rolls of a department, or furlough in excess of ninety days, of one or more employees in order to reduce personnel. Reduction of personnel may have to be made because of lack of funds, personnel ceilings, reorganization, or decrease of work, to make a position available for a former employee with established reemployment or restoration rights, or for other reasons.

(b) "Career employee" means: (1) the occupant of a position which is in the classified (competitive) service who has a classified (competitive) civil service status, unless he is serving under an appointment limited to one year or less. For the purpose of these regulations, recalled annuitants, employees continued beyond the involuntary retirement age, and employees appointed on a when-actually-employed (WAE) basis (see § 12.319), are not considered as career employees.

(2) The occupant of a position which is excepted from the classified (competitive) service who has the maximum permanency of tenure, not conditioned upon the war period or other circumstances, attainable in his agency.

(c) "Transitory employee" means (1) The occupant of a position which is in the classified (competitive) service who does not have a classified (competitive) status but who is serving under an indefinite probational, or trial-period appointment. This includes status quo employees and war sérvice appointees, unless otherwise specified. However, the term does not apply to employees whose appointments are limited to one year or less, to recalled annuitants, to employees continued beyond the involuntary retirement age, or to employees appointed

on a when-actually-employed (WAE) basis; for these special cases see § 12.319.

(2) The occupant of a position which is excepted from the classified (competitive) service who is serving under an appointment not limited to one year or less, but whose appointment is conditioned upon the war period or other circumstances.

(d) "Temporary employee" means an employee who is serving under an appointment limited to a specific period of one year or less, regardless of whether he may have a classified (competitive) civil service status as a result of prior service.

(e) "Veteran preference employee" means an employee entitled to veteran preference under the Veterans' Preference Act of 1944 (Public Law 359, 78th Congress, 2d Session). Such persons are:

(1) Those ex-service men and women who have served on active duty in any branch of the armed forces of the United States and have been separated therefrom under honorable conditions and who have established the present existence of a service-connected disability or who are receiving compensation, disability retirement benefits, or pension by reason of public laws administered by the Veterans' Administration, the War Department, or the Navy Department;

(2) The wives of such service-connected disabled ex-service men as have themselves been unable to qualify for any civil service appointment;

(3) The unmarried widows of deceased exservice men who served on active duty in any branch of the armed forces of the United States during any war or in any campaign or expedition (for which a campaign badge has been authorized), and who were separated therefrom under honorable conditions;

(4) Those ex-service men and women who have served on active duty in any branch of the armed forces of the United States during any war or in any campaign or expedition (for which a campaign badge has been authorized), and have been separated therefrom under honorable conditions; and

(5) Those who on the date upon which the Veterans' Preference Act of 1944 (Public Law 359, 78th Congress, 2d Session) became effective, June 27, 1944, were entitled to veteran preference and were in Federal employment or on an eligible register of the Commission or other department authorized to compile eligible registers.

(f) "Restoration or reemployment rights" means the legal right of an employee to be restored to or reemployed in his prior position or a position of like seniority, status, and pay, or similar rights granted under published regulations.

(g) "Department" means an executive department, parent organization, independent establishment, government-owned or government-controlled corporation of the Federal Government, the municipal government of the District of Columbia, or any other such organization or separate governmental agency

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of the executive branch of the Federal Government created by act of Congress or Executive order.

(h) "Governmental entity" means an executive department, bureau of an executive department, parent organization, constituent agency, independent establishment, entire field installation, regional office, or field station, a department of the municipal government of the District of Columbia, or any other such organization or separate governmental agency of the Federal Government created by act of Congress or Executive order.

(1) "Competitive level" means all positions allocated to the same class, service, and grade, and all positions of the same grade (although designated by different titles) that are sufficiently alike for interchange of personnel to be feasible.

(1) "Occupational group" means all ungraded positions at the same level in the same trade or occupation (for example: in the trade of electrician, at the level of helper, at the level of journeyman, etc.) although there may be two or more rates of pay in such occupational level.

§ 12.304 Preventive measures. In the public interest and in the interest of employees, it is the distinct responsibility of heads of departments and governmental entities always to be alert to evidences of overstaffing, diminishing work loads, appropriation and allotment restrictions, and other indications that reductions in force may be necessary. Wherever possible, they should take remedial action which will avoid the more drastic action of making a reduction in force. Some of the measures which are effective in avoiding reductions in force are restrictions on new appointments, shifting of personnel to meet changes in work loads, and encouraging employees whose services can be spared to seek transfers. Representatives of the Commission will cooperate in these activities.

§ 12.305 Use of transfer processes. Many employees in groups where there is a surplus of workers may be shifted to other work assignments where their services are needed, in the same department, or in other departments. Personnel officers in each department are expected to arrange transfers for the benefit of these employees whenever this can be done within the department. Representatives of the Commission both in Washington and in the field will work with designated representatives of each department in transferring employees who are declared available to other departments wherever their services are needed and they can be utilized effectively by other departments. Special efforts must be made to retransfer to their former positions all employees transferred under War Service Regulations to positions where their services were more vital to the war effort, who are no longer needed in the positions to which transferred.

§ 12.306 Completion of employee records. Departments shall take immediate steps to complete all records of employees which do

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not fully indicate their status, veteran preference, or entire Federal employment. After a careful examination of the personnel records in the department, including Form 2806, inquiries may have to be made of the Commission concerning doubtful cases. No inquiry should be made concerning those about whom there is complete information. For example, no inquiry need be made about a war-service appointee who had no prior Federal service and no military service; he is clearly without a classified (competitive) civil service status or veteran preference, and his length of service is shown in the department's records. It would be impractical for the Commission to check the status, veteran preference or service of all employees of every department. Therefore, it is necessary that careful screening be done so that requests for additional information will be limited to cases in which items are missing from the department's records. In the interest of avoiding a last-minute rush, departments are urged to begin now to examine the records of their employees.

Department records no doubt show that veteran preference has been granted in many cases. However, there may be many employees who have had military service but have not filled a claim for veteran preference. Departments are urged to circularize their employees in order to locate those who have had military service but have not been granted veteran preference. Every such employee should be urged to submit proof of separation from active service in the armed forces of the United States to his personnel officer. For reduction-in-force purposes, and no other, the Commission hereby authorizes personnel officers to record veteran preference on the personnel records of employees who present proof of honorable separation from last military service. (See § 12.303 (e).) Proof other than the certificate of honorable discharge or the certificate of satisfactory service, and all claims of wives and widows of veterans, should be forwarded to the Commission's Central Office or the appropriate regional office with the employee's claim to preference (Form 14) for official action. (Claims may be submitted to branch offices, representatives of regional offices and rating boards of the Commission who have authority to handle the majority of preference claims.)

Verification of classified (competitive) civil service status and length of service will be facilitated if the following groupings are made: (a) those who clearly have a classifiled civil service status but whose records of service are incomplete; (b) those who clearly do not have a classified civil service status but whose records of service are incomplete; (c) those whose status is unknown but whose records of service are complete; and (d) those whose records are incomplete as to status and service.

Departments desiring to obtain information from the Commission regarding employees' status, veteran preference, and serv

ice shall use Standard Form 66, which is available at the Government Printing Office and may be procured from that office in the usual manner. The department will complete section A of this form, check the items requested, supply the name and birth date of the employee concerned, enter service if verification is needed, and forward the form to the Commission, Service Record Division, Washington 25, D. C. The question concerning veteran preference should be checked only when military service is shown unless wife or widow preference is claimed. The Commission will complete section B in accordance with the information requested and return the form to the department. Verification by the Commission of service claimed by employees will hereafter be limited to that shown in the Commission's records. Requests for verification (Form 66) need no longer be submitted in duplicate. In any case in which the Commission is unable to verify service from its records it will be the responsibility of the department to obtain verification from the department in which the unverified service is claimed. In such cases it is requested that the verification be obtained in duplicate and that one copy be forwarded to the Commission, attention Service Record Division, for incorporation into the employee's service record. For reduction-in-force purposes where no service prior to March 16, 1942 is claimed, except military service, departments may rely on statements by employees when supported by affidavit.

Departments shall also make certain that their records of employees clearly indicate the present and former employees who have restoration or reemployment rights in the department and the employees who have restoration rights in other departments.

§ 12.307 Determination of restoration, reemployment and retention rights; statutory. Certain employees who left positions other than temporary to serve in the armed forces or Merchant Marine and who are returning to civilian employment have statutory rights to return to the government service. They must have been members of land or naval reserve components ordered into active duty before May 1, 1940, or must have been in active military service after that date. Employees who entered the Merchant Marine after May 1, 1940, also have statutory rights to restoration. Under existing policy, these employees must be considered first for assignment to positions to which they would have been promoted or for restoration to the positions they left. Failing that, they are entitled to reemployment in positions of like seniority, status, and pay. The statutory right to return includes the right to be retained in the service for one year from the date of restoration to duty, unless discharged for cause.

§ 12.308 Determination of restoration and reemployment rights under regulations. By regulations, certain employees who transferred from nontemporary positions to pri

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