Federal Register - August 8, 1944
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Source: Federal Register
FEDERAL REGISTER, Tuesday, August 8, 1944
quired 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 reduc tion 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 mili tary services or in the Merchant Marine, and employees transferred with reem ployment 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 restor ing those with proper claims.
e When involuntary separations are necessary in order to reduce the working force those with the least claims to re tention should be separated first in any group where there is a surplus of work ers. 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.
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 reduc tion 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 con sideration to seniority.
j Employees who are in danger of losing their positions in a reduction in force should have as much notice as pos sible and should be fully informed as to the reasons why they were selected for separation while others are retained.
Rankness in dealing with employees is always a good policy.
. Ik There must be an opportunity for employees who feel that their rights have been violated to have appeals con sidered by an impartial department.
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The Commission has been designated as ability retirement benefits, or pension by the agency to consider such appeals.
reason of public laws administered by 12.303 Definitions. For the purpose the Veterans Administration, the War of these regulations, the following defi Department, or the Navy Department;
2 The wives of such service-con nitions are given for the words, terms, nected disabled ex-service men as have and phrases listed below.
a Reduction in force means the themselves been unable to qualify for involuntary separation from the rolls of any civil service appointment;
3 The unmarried widows of de a department, or furlough in excess of ceased ex-servicemen who served on ac ninety days, of one or more employees in order to reduce personnel. Reduction of tive duty in any branch of the armed personnel may have to be made because forces of the United States during any of lack of funds, personnel ceilings, re war or in any campaign or expedition for which a campaign badge has been organization, or decrease of work, to authorized, and who were separated make a position available for a former under honorable conditions;
employee with established reemploy therefrom 4 Those ex-service men and women ment or restoration rights, or for other who have served oh active duty in any reasons.
branch of the armed forces of the United b Career employee means: 1
States during any war or in any cam the occupant of a position which is in the paign or expedition for which a cam classified competitive service who has paign badge has been authorized, and a classified competitive civil service have been separated therefrom under status, unless he is serving under an ap honorable conditions; and pointment limited to one year or less.
5 Those who on the date upon For the purpose of these regulations, re which the Veterans Preference Act of called annuitants, employees continued 1944 Public Law 359, 78th Congress, 2d beyond the involuntary retirement age, Session became effective, June 27, 1944, and employees appointed on a whenentitled to veteran preference and actually-employed WAE basis see were were in Federal employment or on an 12.319, are not considered as career eligible register of the Commission or employees.
department authorized to compile 2
The occupant of a position which other registers.
is excepted from the classified competi eligible f Restoration or reemployment tive service who has the maximum per rights means the legal right of an em manency of tenure, not conditioned upon ployee to be restored to or reemployed the war period or other circumstances, in his prior position or a position of like attainable in his agency.
seniority, status, and pay, or similar c Transitory employee means 1
rights granted under published regula The occupant of a position which is in tions.
the classified competitive service who g Department means an executive does not have a classified competitive department, parent organization, inde status but who is serving under an in pendent establishment, governmentdefinite probational, or trial-period ap owned or government-controlled cor pointment. This includes status quo poration of the Federal Government, the employees and war service appointees, municipal government of the District unless otherwise specified. However, of Columbia, or any other such organ the term does not apply to employees ization or separate governmental whose appointments are limited to one agency of the executive branch of the year or less, to recalled annuitants, to Federal Government created by act of employees continued beyond the invol Congress or Executive order.
untary retirement age, or to employees h Governmental entity means an appointed on a when-actually-employed executive department, bureau of an WAE basis; for these special cases see executive department, parent organiza 12.319.
2
The occupant of a position which tion, constituent agency, independent establishment, entire field installation, is excepted from the classified competi regional office, or field station, a depart tive service who is serving under an appointment not limited to one year or ment of the municipal government of the District of Columbia, or any other less, but whose appointment is condi such organization or separate govern tioned upon the war period or other mental agency of the Federal Govern circumstances.
ment created by act of Congress or d Temporary employee means an employee who is serving under an ap Executive order.
i Competitive level means all po pointment limited to a specific period of sitions allocated to the same class, serv one year or less, regardless of whether ice, and grade, and all positions of the he may have a classified competitive same grade although designated by civil service status as a result of prior different titles that are sufficiently alike servicere Veteran preference employee for interchange of personnel to be feas means an employee entitled to veteran ible.
j Occupational group means all preference under the Veterans Prefer ence Act of 1944 Public Law 359, 78th ungraded positions at the same level in the same trade or occupation for ex Congress, 2d Session. Such persons are:
1
Those ex-service men and women ample: in the trade of electrician, at the level of helper, at the level ofjour who have served on active duty in any neyman, etc. although there may be branch of the armed forces of the United two or more rates of pay in such occu States and have been separated there pational level.
from under honorable conditions and who have established the present exist 12.304 Preventive measures. In the ence of a service-connected disability or public interest and in the interest of who are receiving compensation, dis employees, it is the distinct responsi-