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ECISTER

VOLUME 23

1934

NUMBER 187

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Washington, Wednesday, September 24, 1958
TITLE 5 ADMINISTRATIVE
PERSONNEL
Chapter I Civil Service Commission P art 20 R e t e n t io n ulatio ns for U se F orce
P reference R eg
-R ed uctio ns i n
in
actions
Effective October 24, 1958, paragraph d of 20.5 is amended as set out below.
20.5 Actions .
d Reasonable change in position
1 How determined. A change between positions is reasonable if the representa tive rate of one position is the same as the representative rate of the other posi tion; however, if the employee cannot be changed to a position with the same rep resentative rate, a change in position is reasonable if made with the least reduc tion in representative rate.
2 Representative rate. For the pur poses. of this section, the representative rate is the fourth step of the grade for a position under the Classification Act, the prevailing rate for a position outside the Classification Act using a wage-board or similar wage-determining procedure, and for all other positions it is the rate des ignated by the agency as truly represent ative of the position.
3 Choice of position. An agency is not required to give an employee a choice between reasonable changes in position.
Any agency is not required to fill a vhcant position, to change an employee to a position with a higher representative rate, or to move an employee to a diferent duty station, but an agency is not Prohibited from taking these actions.
. 0 emPioyee rendering satisfactory serv ice in a position shall be required to be displaced by a competing employee who s not qualified for such position under e regulations in this part.
Secs. 11, 19, 58 stat. 390> 391; 5 s> c 86Q

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U nited S tates C iv il S erv ice C o m m is s io n , "
W m . C. H u l l ,
Executive Assistant.
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R. Doc. 58-7789; Filed, Sept. 23, 1958
8:47 a. m.J

P art
20 R e t e n t i o n
u l a t io n s F orce
for
U

se
P in
R

eg
e d u c t io n s
in
reference
R

appeals
Effective November 23, 1958, par agraphs a and b of 20.9 are amended, a new paragraph c is added, and the present paragraphs c and d are redesignated as paragraphs d and e , as set out below.
20.9 Appeals a Employee ap peals to the Commission. Any employee who receives a specific nptice of reduc tion in force and who believes that the regulations in this part have not been correctly applied may appeal to the ap propriate office-of the Commission stating reasons why he believes the action to be taken or taken is improper. The appeal may be filed at any time from the date the employee receives the notice but not later than ten 10 calendar days after the effective date of the action.
b Further appeals. The Commission office that makes the initial adjudication of an appeal submitted pursuant to par agraph a of this section shall notify the employee, or his designated repre sentative, and the agency of the decision in writing. The written decision shall contain notification of the right of either party to appal to the Board of Appeals and Review, U. S. Civil Service Commis sion, Washington 25, D. C. hereinafter referred to as the Board , within seven 7 calendar days after receipt o f such decision.
c Extension of time lim it. The time limits specified in paragraphs a and b of this section may be extended upon a showing that circumstances beyond the control of the appellant or the em ploying agency prevented the filing of an appeal within the prescribed time limit.
d Finality of decisions. I t is man datory for the agency to take corrective action in accordance with the decision of the Commission office that made the initial adjudication of the appeal, unless an appeal is made to the Board. The decision of the Board shall be final.
There is no further right of appeal. A
recommendation for corrective action by the Board is mandatory and must be complied with by the agency.
C o n tin u e d on p. 7423

CONTENTS
Agricultural Marketing Service.

P age
Proposed rule making:
Milk in Colorado Springs-Pueblo marketing area______________
Potatoes, Irish; imports_______ _

7430
7430

Agricultural Research Service Proposed rule making:
Domestic quarantine notices;
movement of fresh okra from Puerto Rico or Virgin Islands.

7431

Agriculture Department See also Agricultural Marketing Service; Agricultural Research Service; Commodity Credit Cor poration; Commodity Stabiliza tion Service.
Notices-:
Ohio; designation of area for production emergency loans_

7434

Civil Aeronautics Board Rules and regulations :
Pilot certificate requirements for operation of U. S. and foreign registered a ircra fts

7423

Civil Service Commission Rules and regulations :
Retention preference regula tions for use in reductions in force:
Actions_____________________
Appeals_____ _____ ________

7421
7421

Commerce Department See National Bureau of Standards.

Commodity Credit Corporation Rules and regulations;
Wheat loan and purchase agree ment program, 1958 crop; In
diana and Kansas, basic county support rates________

7423

Commodity Stabilization Service
Proposed rule making :
Rice; marketing quotas, na tional, State, and county acreage allotments, county normal yields and proposed date for referendum, 1959
crop-------------------------------

7431

Federal Communications Com mission Notices:
Hearings, etc.:
Chaconas, Nick J., et al_____
7421

7434