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(iii) Those which require the use of United States citizens to insure continuity and capability of operation and administration of activities in the Canal Zone by the United States Government. This part does not modify or supersede any provision of either Executive Order No. 10501 of November 5, 1953, as amended, or Executive Order No. 10450 of April 27, 1953.

(3) Exclusions of employees or positions from any or all provisions of subchapter III and the extension of rights and privileges to employees, as provided by 2 C.Z.C. 142(b), 76A Stat. 16, shall be made only in accordance with regulations issued pursuant to this part. Such regulations shall provide for excluding employees or positions from the Canal Zone Merit System only for reasons for which exclusions or exceptions are made from the competitive civil service.

(d) Prior to the promulgation of regulations pursuant to this part, the Secretary of the Army shall consult with the Department of the Navy, the Department of the Air Force, other components of the Department of Defense having employees in the Canal Zone, the Panama Canal Company, the Canal Zone Government, the Civil Service Commission, and such other agencies having employees in the Canal Zone as he determines.

CROSS REFERENCES: E.O. 10450, Apr. 27, 1953, referred to in par. (c)(2), text of, see 3 CFR, 1949-1953 Comp., p. 936.

E.O. 10501, Nov. 5, 1953, as amended, also referred to in par. (c) (2), text of, see such order, 3 CFR, 1949-1953 Comp., p. 979; also E.O. 10816, May 7, 1959, 3 CFR, 1959 Supp., p. 107; E.O. 10901, Jan. 9, 1961, 3 CFR, 1961, Supp., p. 70; E.O. 10964, Sept. 20, 1961, 3 CFR, 1961 Supp., p. 124; E.O. 10985, Jan. 12, 1962, 3 CFR, 1962 Supp., p. 127; E.O. 11097, Feb. 28, 1963, 3 CFR, 1963 Supp., p. 161.

Subpart B-Canal Zone Merit
System

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(1) Be based solely on the merit of the employee or individual and upon his qualifications and fitness to hold the position concerned;

(2) Apply uniformly within and among all departments, positions, employees, and individuals concerned;

(3) Conform generally to policies, principles, and standards established by or in accordance with the Civil Service Act of January 16, 1883, as amended (5 U.S.C. 632 et seq.) and supplemented; and

(4) Include provision for appropriate interchange of citizens of the United States employed by the Government of the United States between such merit system and the competitive civil service of the Government of the United States.

(b) Provisions for interchange which involve movement from the Canal Zone Merit System to the competitive civil service of the Government of the United States shall be subject to the concurrence of the Civil Service Commission.

§ 251.22 Regulations with respect to System.

Regulations promulgated pursuant to this part with respect to the Canal Zone Merit System shall be issued only after advice has been received from the Civil Service Commission that such regulations conform generally to policies, principles, and standards established by or in accordance with the Civil Service Act of January 16, 1883, as amended (5 U.S.C. 632 et seq.) and supplemented.

§ 251.23 Review by Civil Service Commission; reports.

The Civil Service Commission shall make periodic review of the operations of the Canal Zone Merit System for conformity with the requirements of subchapter III, this part, and regulations promulgated pursuant to § 251.2, and shall report its findings to the Secretary of the Army.

Subpart C-Canal Zone Board of Appeals

§ 251.41 Establishment; composition; appointment of members; alternates. (a) There is established, as provided for by 2 C.Z.C. 152, 76A Stat. 19, a Canal Zone Board of Appeals to review and determine the appeals of employees. The Board shall consist of five members, all

of whom shall be civilians appointed by the Secretary of the Army, as follows: (1) One member shall be nominated by the Civil Service Commission.

(2) Two members shall be selected from among employees of the United States Government agencies in the Canal Zone and shall be appointed only after consultation with and advice from organizations representing such employees. (3) The members shall be selected by the Secretary of the Army.

(b) The Secretary of the Army shall appoint one of the members as Chairman of the Board.

(c) For each member of the Board, the Secretary of the Army shall appoint an alternate member, who shall be a civilian nominated or selected in the same manner as the Board member for whom he is an alternate. An alternate member shall serve on the Board whenever, for any reason, the member for whom he is alternate is unable to serve.

CROSS REFERENCE: Canal Zone Board of Appeals, terms of members, and appeals procedures, see §§ 253.265, 253.266.

§ 251.42 Majority vote.

Decisions of the Canal Zone Board of Appeals shall be made by majority vote of its members.

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United States citizen employees. Tax allowance.

253.135

Tropical differential.

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PAY ADJUSTMENTS

Conversion to new schedules.

General pay adjustments.

Individual pay determinations.

Additional pay assignments; manual-type positions.

253.156 Pay saving.

Subpart E-Performance Rating

253.181 Rating systein.

Subpart F-Training

253.201 Training programs.

Subpart G-Military Service

253.221 Rights of employees.

Subpart H-Adverse Personnel and Reduction in Force Actions

253.241 Applicability of existing law and Civil Service regulations. 253.242 Probationary employees.

Subpart -Grievances and Appeals

Sec.

253.1

Purpose.

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253.3

253.4

253.5

253.6

Deviations.

253.7

Enforcement.

253.8

Subpart B-Filling Positions

253.31

253.32 253.33

253.34

253.35

253.36

Prohibited activities.

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253.261 Grievance procedures.

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253.262

253.263

253.40

Certification for appointment.

Adverse actions and appeals. Appeals from applicants or eligibles. 253.264 Classification appeals.

Sec. 253.265 Canal Zone Board of Appeals, terms of members.

253.266 Appeals procedures.

253.267

Decisions of Canal Zone Board of
Appeals.

Subpart J-Records and Reports 253.291 Applicability of Federal Personnel Manual.

253.292 Official Personnel Folders.

AUTHORITY: The provisions of this Part 253 issued under authority vested in President by 2 C.Z.C. 142(b), 155, 76A Stat. 16, 19, and delegated to Secretary of Army by delegation shown in §§ 251.2, 251.22.

SOURCE: The provisions of this Part 253 appear at 31 F.R. 12338, Sept. 16, 1966, unless otherwise noted.

Subpart A-General Provisions

CROSS REFERENCE: For Civil Service Regu.. lations referred to in this subpart, see 5 CFR, Chapter I, Subchapter B.

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by the United States) which conducts operations in the Canal Zone.

(h) "Employee" or "incumbent❞ means any individual holding a position.

(i) "Governor", unless otherwise indicated by the context, includes the ex officio capacity of the Governor of the Canal Zone as President of the Panama Canal Company.

(j) "Merit status" means basic eligibility to be noncompetitively selected to fill a vacant position under the Canal Zone Merit System.

(k) 'Position” means those duties and responsibilities of a civilian nature under the jurisdiction of a department:

(1) which are performed in the Canal Zone; or

(2) which are performed in the Republic of Panama by individuals excluded from Chapter 51 of Title 5, U.S. Code, by action taken pursuant to 5 U.S.C. 5102(c) (12) (B).

(1) "Security position" means a position which must be filled by United States citizens only, as provided in 2 C.Z.C. section 147, 76A Stat. 17, and the regulations in this subchapter.

(m) "Subchapter III" means subchapter III of chapter 7 of title 2 of the Canal Zone Code, 76A Stat. 16-20.

(n) "Veteran” means a person entitled to preference as a "preference eligible" as that term is defined by 5 U.S.C. 2108 (3).

[31 F.R. 12388, Sept. 16, 1966, as amended at 32 F.R. 4281, Mar. 18, 1967; 32 F.R. 5270, Mar. 29, 1967]

§ 253.3

Coverage and exclusions.

(a) Applicability. Subchapter III and the regulations in this part apply to all applicants for employment and employees, irrespective of citizenship, and to all positions, with the exception of those employees and positions excluded pursuant to § 253.8.

(b) Exclusions. The Secretary of the Army, upon recommendation of the department concerned, may exclude employees or positions from any or all provisions of subchapter III or of this part and may revoke such exclusions. Employees or positions are excludable from the statutes and regulations governing the Canal Zone Merit System only for reasons for which exclusions or exceptions are made from the competitive civil service.

(c) Extension of coverage. Upon the recommendation of the department concerned and approval of the Commission,

the coverage of the regulations in this part may be extended to employees in positions in installations or activities located in the Republic of Panama which are a part of installations or activities with headquarters in the Canal Zone and which are under the same immediate supervision and control as a parent installation in the Canal Zone.

[31 F.R. 12388, Sept. 16, 1966, as amended at 32 F.R. 4281, Mar. 18, 1967]

§ 253.4 Canal Zone Civilian Personnel Policy Coordinating Board.

(a) Continuation and membership. The Canal Zone Civilian Personnel Policy Coordinating Board, composed of the Governor of the Canal Zone and the Commander-in-Chief, or their designated representatives, is continued.

(b) Chairmanship. The Chairmanship of the Board will rotate at 6-month intervals between the Governor and the Commanded-in-Chief, or their repre

sentatives.

(c) Functions. The Board, under the direction of the Chairman, shall perform the functions and exercise the authorities delegated to it by the regulations in this part.

§ 253.5 Delegations of authority.

(a) Authority of Board. The Board may:

(1) Formulate and issue such additional regulations and detailed procedures as may be necessary to carry out the provisions of Subparts B, C and D of this part.

(2) Develop qualification standards and examination rating guides which will be applied uniformly in effecting all personnel actions. In general, occupational standards issued by the Commission and those developed by individual departments which are appropriate for general use will be used for this purpose. The Board will provide suitable instructions as to standards to be used for shortage recruitment categories.

(3) Conduct, or arrange for, such recruitment and examining programs as may be required to insure an adequate supply of qualified eligibles.

(4) Redelegate any of the authority vested in it by subparagraphs (2) and (3) of this paragraph to committees or other entities established under its supervision or to existing agencies.

(b) Authority of Appointing Officers. Appointing Officers of a department may effect personnel actions in accordance

with the regulations in this part and the procedures and standards established by the Board.

§ 253.6 Deviations.

Whenever compliance with the strict letter of the regulations in this part would create practical difficulties or unnecessary hardships, the Secretary of the Army may, upon recommendation of the Board, permit a deviation from these regulations. Such authority may be granted only if the deviation is within the spirit of the regulations, and the efficiency of the Government and the integrity of the Canal Zone Merit System are protected and promoted. Any deviation authorized, and the reasons therefor, shall be made a matter of record. § 253.7 Enforcement.

Under the direction of the Secretary of the Army, inspection facilities available within the employing departments will be utilized for periodic inspections of operations under the regulations in this part. When an inspection indicates failure on the part of any activity to adhere to the regulations in this part, or to proper regulations or procedures issued by the Board pursuant to the regulations in this part, the Secretary of the Army will bring such deviations to the attention of the head of the department concerned who will be responsible for taking corrective action or, in the case of Army activities, to the Deputy Chief of Staff for Personnel, Department of the Army. When an inspection or appeal indicates an improper or erroneous action on the part of the Board, the Chairman of the Board will be directed to effect corrective action.

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(a) Pursuant to the provisions of § 253.3(b), the positions specified by paragraphs (b), (c), (d), (e), (f), and (g) of this section, and incumbents thereof, are excluded, to the extent indicated, from the provisions of Subchapter E and the regulations in this part and in Part 251 of this chapter.

(b) The following positions, and the incumbents thereof, are excluded from all of the provisions of Subchapter III, and the regulations in this part and in Part 251 of this chapter:

(1) General Officers of the Panama Canal Company.

(2) Persons in the active military, naval, or public health service of the

United States appointed to or employed by the Panama Canal Company or Canal Zone Government.

(3) The U.S. attorney and assistant U.S. attorneys and the U.S. marshal, chief deputy U.S. marshal, and deputy U.S. marshals for the Canal Zone.

(4) The magistrates.

(5) Hospital residents and interns and other student hospital employees in those categories for which maximum stipends have been prescribed by the Civil Service Commission pursuant to statue.

(6) Consultants and experts when employed under the provisions of 5 U.S.C. 3109 or other statutory authority.

(7) Any employee excluded by 5 U.S.C. § 2105(c) from coverage under laws administered by the Civil Service Commission.

(8) Inmate employees of Corozal Hospital and the Palo Seco Leprosarium. (9) Public Defender.

(10) The probation and parole officer and deputy probation and parole officers. (11) Chauffeur, Car of President, Panama Canal Company.

(12) Caretaker and service employees assigned to residence of the Governor of the Canal Zone.

(13) Officers and employees of the National Security Agency appointed and/or compensated pursuant to the provisions of PL 86-36 (73 Stat. 63).

(c) The following positions, and the incumbents thereof, are excluded from the provisions of 2 C.Z.C. 149, 76A Stat. 18, and Subparts B and C of the regulations in this part:

(1) Attorneys.

(2) Teachers and school officers of schools of the Canal Zone Government. (3) Positions in the Department of the Army excepted from the competitive service by 5 CFR 213.3107(a) (1), (5).

(4) Positions in the Department of the Navy excepted from the competitive service by 5 CFR 213.3108(a)(1).

(5) Visiting physicians and nurses of the Panama Canal Company assigned to the home visit program for beneficiaries of the Cash Relief Act of July 8, 1937, as amended (50 Stat. 478; 68 Stat. 17), who reside in the Republic of Panama.

(6) Non-U.S. citizen liaison agents of the Police Division of the Canal Zone Government.

(7) Positions designated by the Board as fee-rate positions within the Special Category established by § 253.114.

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(8) Positions requiring part-time or intermittent services in which the individual appointee will receive during his service year compensation that aggregates not more than 40 percent of the annual salary rate for the first step of grade NM-3 in the Non-Manual category.

(9) Positions of police private and police officer in the Police Division of the Canal Zone Government (not to exceed 40 in number) the duties of which, in the judgment of the Governor of the Canal Zone, can be more effectively performed by Panamanian citizens.

(10) Positions designated by the Board as appropriate for use as Student Trainee positions and which are filled under a cooperative work-study agreement between a Canal Zone agency and a college or university approved for participation in such a program by the Board.

(11) Positions in the youth activities program of the Canal Zone Government the duties of which, in the judgment of the Governor of the Canal Zone, can be more effectively performed by Panamanian citizens.

(12) Positions of mess attendant which are designated by the commander of the employing military command for occupancy of San Blas (Cuna) Indians pursuant to agreements with the San Blas Tribal Chieftain.

(d) The following positions in the Panama Canal Company and Canal Zone Government and the incumbents thereof are excluded from the provisions of 2 C.Z.C. 143-146, 149, 76A Stat. 16-18, and Subparts B, C, and D of the regulations in this part:

(1) All Bureau Directors.
(2) The General Counsel.

(3) The Executive Secretary and the Deputy Executive Secretary, Canal Zone Government.

(4) The Chief, Executive Planning Staff.

(5) The Chief, Internal Security Office.

(6) The Panama Canal Information Officer.

(7) The Deputy Comptroller.

(8) The Health Bureau Heads of Services.

(e) The following positions, and the incumbents thereof, are excluded from 2 C.Z.C. 146(2), 76A Stat. 17, and § 253.135 of the regulations in this part:

(1) Temporary student assistants.
(2) Temporary student aides.

(f) The scientific, technical and administrative positions of the Atomic

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