substitute in the same pay level in the Post Office Department field service. (d) An agency authorized to administer alien employee programs under section 444 of the Foreign Service Act of 1946, as amended (22 U.S.C. 889), may include special plans for reduction in force in its alien employee programs. In these special plans an agency may give effect to the labor laws and practices of the locality of employment by supplementing the selection factors in Subparts D and E of this part to the extent consistent with the public interest. Subpart I of this part does not apply to actions taken under the special plans authorized by this paragraph. (e) This part does not apply to the termination of a temporary promotion or to the return of an employee to the position from which he was temporarily promoted or his reassignment or demotion to a different position that is not at a lower grade or level than the position from which he was temporarily promoted. (f) This part does not apply to the release from his competitive level of a National Guard technician under section 709 of title 32, United States Code. [33 F.R. 12429, Sept. 4, 1968, as amended at 35 F.R. 18729, Dec. 10, 1970] § 351.202 Coverage. (a) Except as provided in paragraph (b) of this section, this part applies to each civilian employee in: (1) The executive branch of the Federal Government, (2) Those parts of the Federal Government outside the executive branch which are subject by statute to the competitive service requirements, (3) The civil service of the government of the District of Columbia. (b) This part does not apply to an employee: (1) In a position in or under the legislative or judicial branch of the Federal Government, except an employee in a position subject by statute to the competitive service requirements, or (2) Whose appointment is required by Congress to be confirmed by, or made with, the advice and consent of the United States Senate, except a postmaster. (b) "Days" means calendar days. (c) "Function" means all or a clearly identifiable segment of an agency's mission (including all integral parts of that mission), regardless of how it is performed. (d) "Local commuting area" means the geographic area that usually constitutes one area for employment purposes. It includes any population center (or two or more neighboring ones) and the surrounding localities in which people live and reasonably can be expected to travel back and forth daily in their usual employment. (e) "Obligated position" has the meaning given it in Part 300 of this chapter. (f) "Performance rating" means the current official performance rating under a performance rating plan approved by the Commission. (g) "Reorganization" means the planned elimination, addition, or redistribution of functions or duties in an organization. (h) "Representative rate" means the fourth step of the grade for a position subject to the General Schedule, the prevailing rate for a position under a wageboard or similar wage-determining procedure, and for other positions, the rate designated by the agency as representative of the position. (i) "Transfer of function" means the transfer of the performance of a continuing function from one competitive area and its addition to one or more other competitive areas, or the movement of the competitive area in which the function is performed to another commuting area. Subpart C-Transfer of Function § 351.301 Transfer of employees. Before a reduction in force is made in connection with the transfer of any or all of the functions of an agency to another continuing agency, each competing employee in a position identified with the function or functions shall be transferred to the continuing agency without change in the tenure of his employment. An employee whose position is transferred solely for liquidation, and who is not identified with an operating function specifically authorized at the time of transfer to continue in operation more than 60 days is not a competing employee for other positions in the receiving agency. Subpart D-Scope of Competition § 351.401 Determining retention standing. Each agency shall determine the retention standing of each competing employee on the basis of the selection factors in this subpart and in Subpart E of this part. § 351.402 Competitive area. (a) Each agency shall establish competitive areas in which employees compete for retention under this part. (b) The standard for a competitive area is that it include all or that part of an agency in which employees are assigned under a single administrative authority. A competitive area in the departmental service meets this standard when it covers a primary subdivision of an agency in the local commuting area. A competitive area in the field service meets this standard when it covers a field installation in the local commuting area. (c) An agency may establish a competitive area larger than one that meets the standard named in paragraph (b) of this section. In exceptional circumstances, and with the prior approval of the Commission, an agency may establish a competitive area smaller than one that meets the standard named in paragraph (b) of this section. (d) An agency may combine two or more competitive areas for initial competition in an enlarged competitive level or levels without correspondingly combining the areas for assignments between competitive levels. When an agency combines areas for initial competition only, it may limit competition for assignments between competitive levels to (1) the enlarged area, (2) a single competitive area, or (3) an area larger than a single area but smaller than the enlarged area. § 351.403 Competitive level. (a) Each agency shall establish competitive levels consisting of all positions in a competitive area and in the same grade or occupational level which are sufficiently alike in qualification requirements, duties, responsibilities, pay schedules, and working conditions, so that an agency readily may assign the incumbent of any one position to any of the other positions without changing the terms of his appointment or unduly interrupting the work program. Sex may not be a basis for assigning a position to a competitive level, except for & position for which restriction of certification of eligibles by sex is found justified by the Commission. (b) Each agency shall establish separate competitive levels for competitive positions as distinguished from excepted positions. Among competitive positions and among excepted positions, each agency shall establish separate competitive levels for positions: (1) Under different pay schedules; In addition, among excepted positions, each agency shall establish separate competitive levels for positions filled under different appointment authorities. § 351.404 Retention register. (a) Each agency shall establish a separate retention register from the current retention records of employees in, and employees temporarily promoted from, each competitive level affected when a competing employee is to be released from a competitive level under this part. (b) The agency shall enter on the retention register in the order of his retention standing the name of each competing employee in, and each competing employee temporarily promoted from, a competitive level (whether in duty, leave, or furlough status), except an employee on military duty with a restoration right. (c) The agency shall enter on a list apart from the retention register the name and expiration date of the appointment or promotion of each employee serving in a position in the competitive level under specifically limited temporary appointment or temporary promotion followed by the name of each employee serving in a position in the competitive level with a performance rating of less than "Satisfactory". Subpart E-Retention Standing § 351.501 Tenure groups and subgroups-competitive service. (a) Each agency shall classify the competing employees on a retention register who occupy positions in the competitive service in the following groups and subgroups on the basis of tenure of employment and veteran preference. The descending order of retention standing: (1) By groups is group I, group II, group III; (2) Within each group is subgroup A, subgroup B; and (3) Within each subgroup begins with the earliest service date. (b) Group I includes each career employee who is not serving a probationary period. A career employee in an obligated position is in group I only when competing for positions at and below the grade in which he last served on a permanent basis. (c) Group II includes each employee serving a probationary period, each career-conditional employee, and each career employee in an obligated position. (d) Group III includes each indefinite employee, each employee serving under a temporary appointment pending establishment of register, each employee in status quo, and each employee serving under other nonstatus nontemporary appointment. (e) Subgroup A includes each preference eligible employee. (f) Subgroup B includes each nonpreference eligible employee. § 351.502 Tenure groups and subgroups-excepted service. Each agency shall classify the competing employees on a retention register who occupy positions in the excepted service by groups and subgroups that correspond to those for employees who occupy positions in the competitive service having similar tenure of employment and veteran preference, except that an employee who completes 1 year of current continuous service under a temporary appointment is in tenure group III. § 351.503 Length of service. a (a) Each agency shall establish service date for each competing employee. (b) An employee's service date is whichever of the following dates reflects his total creditable service and the performance rating credit in § 351.504: (1) his date of entrance on duty, when he has no previous creditable service; (2) the date obtained by substracting his total creditable previous service from the date he last entered on duty; or (3) the date obtained by subtracting from (1) or (2) the service equivalent allowed for a performance rating above "Satisfactory." Each agency shall adjust the service date for each employee to withhold credit for noncreditable time. (a) Each employee's performance rating of record on the date of issuance of specific reduction-in-force notices shall determine his entitlement to additional service credit as provided in this section. (b) Each agency shall credit each employee who has an outstanding performance rating with 4 years of service added to his creditable service. (c) Each agency shall credit each employee who has a performance rating between satisfactory and outstanding, which has been authorized under a performance rating plan approved by the Commission, with 2 years of service added to his creditable service. [37 F.R. 7075, Apr. 8, 1972] § 351.505 Records. Each agency shall maintain the current, correct records needed to determine the retention standing of its competing employees. The agency shall allow the inspection of its retention registers and related records by: (a) A representative of the Commission; and (b) An employee of the agency to the extent that the registers and records have a bearing on his case. The agency shall preserve intact all registers and records relating to an employee for at least 1 year from the date the employee is issued a specific notice. § 351.506 Effective date of retention standing. Except for determining additional service credit for performance ratings as provided in § 351.504: (a) The retention standing of each employee released from his competitive level in the order prescribed in § 351.602 is determined as of the date he is so released. (b) The retention standing of each employee temporarily retained in his competitive level under § 351.608 is determined as of the date he would have been released from his competitive level had temporary retention action under § 351.608 not been taken. The retention standing of each employee so retained remains fixed until the completion of the reduction-in-force action which resulted in the temporary retention. (c) When an agency discovers an error in the determination of an employee's retention standing, it shall correct the error and adjust any erroneous re An agency may not release a competing employee from a competitive level while retaining in that level an employee with a specifically limited temporary appointment, a specifically limited temporary promotion, or an "Unsatisfactory" performance rating. It may not release a competing employee from a competitive level while retaining in that level an employee with lower retention standing, except as required under § 351.606 or § 351.806 or as permitted under § 351.607 and § 351.608. § 351.602 Order of release from competitive level. Each agency shall select competing employees for release from a competitive level under this part in the inverse order of retention standing, beginning with the employee with the lowest retention standing on the retention register. When employees in the same retention subgroup have identical service dates and are tied for release from a competitive level, the agency may select any tied employee for release. (d) When an agency recalls employees to duty in the competitive level from which furloughed, it shall recall them in the order of their retention standing, beginning with the highest-standing employee. § 351.605 Liquidation provisions. When an agency will abolish all positions in a competitive area within 3 months it shall release employees in subgroup order but may release them regardless of retention standing within a subgroup, except as provided in § 351.606. When an agency releases an employee under this section, the notice to the employee shall so state and also shall give the date the liquidation will be completed. An agency may apply §§ 351.607 and 351.608 in liquidation. § 351.606 Mandatory exceptions. (a) When an agency applies § 351.602 or § 351.605, it shall give the following special retention priorities: (1) Each group I or II preference ellgible employee entitled under section 9 of the Military Selective Service Act of 1967, as amended (50 U.S.C., App. 459), to retention for 1 year after restoration shall be retained over other employees in his subgroup for the retention period; and (2) Each group I or II nonpreference eligible employee entitled under section 9 of the Military Selective Service Act of 1967, as amended (50 U.S.C., App. 459), to retention for either 6 months or 1 year after restoration shall be retained over other employees in his subgroup for the retention period. (b) Each agency shall record on the retention register, for inspection by each employee, the reasons for any deviation from the regular order of selection required by paragraph (a) of this section. § 351.607 Permissive continuing excep tions. An agency may make exception to the selection sequence in § 351.602 and to the action provisions of § 351.603 when needed to retain an employee on duties that cannot be taken over within 90 days and without undue interruption to the activity by an employee with higher retention standing. The agency shall notify in writing each higher-standing employee reached for release from the same competitive level of the reasons for the exception. An agency may make exception for not more than 90 days to the selection sequence in § 351.602 and to the action provisions of § 351.603 when needed to retain an employee for 90 days or less after the effective date of release from the same competitive level of a higherstanding employee to continue an activity without undue interruption, or to satisfy a Government obligation to the retained employee, or when the temporary retention of the lower-standing employee does not adversely affect the rights of any higher-standing employee who is released ahead of him. The temporary retention of a lower-standing employee on sick leave as a permissive exception may exceed 90 days but may not exceed the date of exhaustion of his sick leave. When the agency retains an employee for more than 30 days after the effective date of release from the same competitive level of a higherstanding employee, it shall notify in writing each higher-standing employee of the reasons for the exception and the date the lower-standing employee's retention will end. When the agency retains a lower-standing employee for 30 days or less it shall list opposite his name on the retention register the reasons for the exception and the date his retention will end. Subpart G-Assignment Rights § 351.701 Qualifications for assignment. (a) Except as provided in § 351.702, an employee is qualified for assignment under § 351.603 if he: (1) Meets the Commission's standards and requirements for the position, including any minimum educational requirement; (2) Is physically qualified for the duties of the position; (3) Meets any special qualifying condition which the Commission has approved for the position; and (4) Has the capacity, adaptability, and any special skills needed to satisfactorily perform the duties and responsibilities of the position without undue interruption to the activity. (b) An agency may not consider the sex of an employee as a factor in determining the employee's qualification for a position, except when the position is one for which restriction of certifica 84-030-73-9 (a) An agency shall assign under § 351.603 a group I or II employee in a position in the competitive service, rather than furlough or separate him, to a position in the competitive service in another competitive level in his competitive area which requires no reduction, or the least possible reduction, in representative rate when a position in the other competitive level is held by an employee: (1) In a lower subgroup; or (2) With lower retention standing in a position from which the group I or II employee was promoted or an essentially identical position. (b) Each employee's assignment rights shall be determined on the basis of the pay rates in effect on the date of issuance of specific notices of reduction in force, except that when it is officially known on the date of issuance of notices that new pay rates have been approved and will become effective by the effective date of the reduction in force, assignment rights shall be determined on the basis of the new pay rates. [37 F.R. 7075, Apr. 8, 1972] § 351.704 Rights and prohibitions. (a) An agency may satisfy an employee's right to assignment under § 351.703 by assignment under § 351.201 (b) or § 351.705 to a position having a representative rate equal to that to which he would have been entitled under § 351.703. (b) Section 351.703 does not: (1) Require an agency to assign an employee to a position having a higher representative rate; or (2) Authorize or permit an agency to displace a full-time employee by other than a full-time employee. |