Federal Register - August 8, 1944
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Source: Federal Register
9578
FEDERAL REGISTER, Tuesday, August 8, 1944
ments are urged to circularize their em bility of heads of departments and gov ernmental entities always to be alert to ployees in order to locate those who have evidences of overstaffing, diminishing had military service but have not been work loads, appropriation and allotment granted veteran preference. Every such restrictions, and other indications that employee should be urged to submit reductions in force may be necessary. proof of separation from active service Wherever possible, they should take in the armed forces of the United States remedial action which will avoid the to his personnel officer. For reductionin-force purposes, and no other, the more drastic action of making a reduc tion in force. Some of the measures Commission hereby authorizes person nel officers to record veteran preference which are effective in avoiding reduc tions in force are restrictions on new on the personnel records of employees appointments, shifting of personnel to who present proof of honorable separa tion from last military service. See meet changes in work loads, and encour 12.303 e of this part. Proof other aging employees whose services can be than the certificate of honorable dis spared to seek transfers. Representa tives of the Commission will cooperate charge or the certificate of satisfactory service, and all claims of wives and in these activities.
widows of veterans, should be forwarded 12.305 Use of transfer processes.
to the Commissions Central Office or the Many employees in groups where there appropriate regional office with the em is a surplus of workers may be shifted ployees claim to preference Form 14
to other work assignments where their for official action. Claims may be sub services are needed, in the same depart mitted to branch offices, representatives ment, or in other departments. Per of regional offices and rating boards of sonnel officers in each department are the Commission who have authority to expected to arrange transfers for the handle the majority of preference benefit of these employees whenever this claims.
can be done within the department.
Verification of classified competitive Representatives of the Commission both civil service status and length of service in Washington and in the field will work will be facilitated if the following group with designated representatives of each ings are made; a those who clearly department in transferring employees have a classified civil service status but who are declared available to other de whose records of service are incomplete;
partments wherever their services are b those who clearly do not hate a clas needed and they can be utilized effec sified civil service status but whose rec tively by other departments. Special ords of service are incomplete; c those efforts must be made to retransfer to whose status is unknown but whose rec their former positions all employees ords of service are complete; and d transferred under War Service Regula those whose records are incomplete as tions to positions where their services to status and service.
were more vital to the war effort, who Departments desiring to obtain in are no longer needed in the positions to formation from the Commission regard which transferred. .
ing employees status, veteran prefer 12.306 Completion of employee rec ence, and service shall use Standard ords. Departments shall take immediate Form 66, which is available at the Gov steps to complete all records of employ ernment Printing Office and may be pro ees which do not fully indicate their cured from that office in the usual man status, veteran preference, or entire Fed ner. The department will complete sec eral employment. After a careful ex tion A of this form, check the items amination of the personnel records in the requested, supply the name and birth date of the employee concerned, enter department, including Form 2806, in quiries may have to be made of the Com service j f verification is needed, and for mission concerning doubtful cases. No ward the form to the Commission, Serv inquiry should be made concerning those ice Record Division, Washington 25, about whom there is complete informa D. C. The question concerning veteran tion. For example, no inquiry need be preference should be checked only when madfiabout a war-service appointee who military service is shown unless wife or .ffinfno prior Federal service and no mil widow preference is claimed. The Com itary service; he is clearly without a mission will complete section B in ac classified competitive civil service cordance with the information requested status or veteran preference, and his and return the form to the department.
length of service is shown in the depart Verification by the Commission of serv ments records. It would be impractical ice claimed by employees will hereafter for the Commission to check the status, be limited to that shown in the Commis veteran preference or service of all em sions records. Requests for verification Form 66 need no longer be submitted ployees of every department. Therefore, it is necessary that careful screening be in duplicate. In any case in which the done so that requests for additional in Commission is unable to verify service formation will be limited to cases in from its records it will be the responsi which items are missing from the de bility of the department to obtain veri partments records. In the interest of fication from the department in which avoiding a last-minute rush, depart the unverified service is claimed. In such ments are urged to begin now to examine cases it is requested that the verification be obtained in duplicate and that one the records of their employees.
Department records no doubt show copy be forwarded to the Commission, that veteran preference has been attention Service Record Division, for granted in many cases. However, there incorporation into the employees service may be many employees who have had record. For reduction-in-force pur military service but have not filed a poses where no service prior to March 16, claim for veteran preference. Depart- 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 em ployees who have restoration or reem ployment 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 em ployment have statutory rights to re turn 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 Mer chant Marine after May 1,1940, also have statutory rights to restoration. Under existing policy, these employees must be considered first for assignment to posi tions to which they would have been pro moted or for restoration to the positions they left. Failing that, they are entitled to reemployment in positions of like sen iority, 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 regula tions. By regulations, certain employ ees who transferred from nontemporary positions to private industry or between departments where their services were determined to be more vital to the war effort were given rights to return to their former positions, or to positions similar as to seniority, status and pay, at the same location in the same department.
12.309 Determination of restora tion, reemployment and retention rights;
priorities. Restoration and reemploy ment rights of returning veterans and merchant seamen and those entitled by regulation to reemployment may con flict with each other and will conflict with the rights of other employees.
These conflicts must b resolved in de ciding which position is to be filled by a returning employee in deciding what asslgfilnents arc to be made as a matter of placement, transfer, or promotion, and in deciding whether a reduction in force is necessary. In resolving the conflicts, the following order of priority shall be recognized, those in higher priority groups having superior rights to those in any lower priority groups:
a Career employees with statutory restoration, reemployment, or retention rights. Priority for this group extends for one year from the date of restoration.
Within the group, those who served in the armed forces have priority over those who served in the Merchant Marine.
b Transitory employees not in cluding war-service appointees witn statutory restoration, reemployment, o retention rights. Priqrity for this gruP
extends for one year from the date restoration. Within the group, th who served in the armed forces have p ority over those who served in the m.
chant Marine.