TITLE 5-ADMINISTRATIVE PERSONNEL

CHAPTER I-CIVIL SERVICE COMMISSION

PART 2-CLASSIFICATION OF THE mission may prescribe; and (iv) that he

SERVICE

CIVIL SERVICE RULE II

§ 2.3 Exceptions from classification.

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(d) The proper appointing officer may fill any position named in Part 50 or Part 51, or any other excepted position, as classified positions are filled, in which case the person so appointed shall be eligible for transfer, reinstatement, or promotion to positions in the classified service, subject to the provisions of these rules. The incumbent of any excepted position so filled will not be entitled to protection against removal afforded by these rules. (R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633) [As amended by E.O. 8083, Apr. 10, 1939, effective May 1, 1939; 4 F.R. 1577]

is not disqualified by any provision of $ 5.3 or of any other civil-service rule, or by any provision of the Civil Service Act or any other statute, or Executive order;

(2) Provided further, That in conferring a classified (competitive) status upon any employee under this, or any other, rule, or any statute or Executive order, the Commission (i) may in its discretion exempt from the physical requirements established for any position any employee who has rendered long and faithful service in a civil capacity for the Government, and (ii) may consider a person whose name is carried on the compensation rolls of the Employees' Compensation Commission as having rendered satisfactory active service in the position in which he last served for the period during which his name is carried on such rolls.

(b) Any such person who fails to meet the above-stated requirements of this section shall be separated from the service within 30 days (exclusive of leave to which he is entitled) after the Commission reports that he is ineligible to acquire a classified (competitive) status unless the head of the department or agency concerned certifies to the Commission that such person has rendered satisfactory service and that he should be retained although without acquiring such status. (R.S. 1753, sec. 2, 22 Stat. [As amended by 403; 5 U.S.C. 631, 633)

§2.6 Classification of excepted employees. (a) Except as provided in § 2.7, a person holding a position when it is placed in the classified (competitive) service or otherwise is made subject to competitive examination shall, upon recommendation to the Commission by the head of the department or agency in which he is employed, have all the rights which he would acquire if appointed thereto upon competitive examination: (1) Provided, (i) That he was appointed to such position, or to a position being placed in the classified (competitive) service under the same authority of law or Executive order, at least 6 months prior to the effective date of the change in the status of the position; (ii) that he has performed satisfactory active service in either or both of such positions for an aggregate of at least 3 months of the 6 months immediately preceding the change in the status of the position; (iii) that he shall pass such appropriate non- (2) Selections. (i) The nominating or competitive tests of fitness as the Com-appointing officer shall make selections

E.O. 8283, Nov. 9, 1939; 4 F.R. 4565]

PART 7-CERTIFICATION CIVIL SERVICE RULE VII § 7.2 Original appointment and competitive promotion procedure. (a)

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(b) If separated by reason of volun- 50.8 tary resignation he may be reinstated only in the same office, in a position for which originally eligible, to complete probation. (R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633) [As amended by E.O. 8179, June 21, 1939; 4 F.R. 2468]

Sec.

50.30 Electric Home and Farm Authority.
50.31 Commodity Credit Corporation.
50.32 Federal Deposit Insurance Corpora-

50.33

50.34

tion.

Federal Prison Industries, Inc.
Alley Dwelling Authority.

50.35 Works Progress Administration.
50.36 United States Maritime Commission.
50.37

Federal Security Agency.

50.90 Power of Commission to revoke and interpret.

§ 50.0 Nonclassified positions excepted by § 2.3 (b) from examination. Positions in this part are excepted from examination, but not more than one position shall be treated as so excepted under any paragraph unless a different number of positions be indicated.*†

*§§ 50.0 to 50.90, inclusive, issued under the authority contained in R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633.

†The source of $$ 50.0 to 50.90, inclusive, (except for amendments noted in the text,) is Executive Order 8043, Jan. 31, 1939, effective Feb. 1, 1939; 4 F.R. 493.

§ 50.1

This

such as contemplated in § 8.4. paragraph does not apply to employments in Washington, D. C. The name of the employee, designation, duties, rate of pay, and place of employment shall be shown in the periodical reports of changes; and in addition, when payment is not at a per annum rate, the total service rendered and the distribution of such service during the year shall be shown in the report of changes at the end of each year or when the employee is separated from the service. The additional employment under similar conditions of such a person by another department or establishment of the Government will be subject to the approval of the Civil Service Commission.

(g) Any person employed in a foreign country or in the Virgin Islands, or in any island possession of the United States in the Pacific Ocean (except the Hawaiian Islands), or United States citizens employed in a confidential capacity in the Philippine Islands, Entire executive civil service. when in the opinion of the Civil Service

(a) Chaplains.

(b) Cooks, when in the opinion of the Commission it is not expedient to make appointment upon competitive examination; but this paragraph shall not apply to positions of cook at fixed locations, such as hospitals, quarantine stations, or penal institutions.

(c) Positions to which appointments are made by the President without confirmation by the Senate.

(d) Special attorneys employed on a temporary basis for specific litigation or other legal work where knowledge of local values or conditions or other specialized qualifications not possessed by the attorneys regularly employed by the department are required for successful results. Such temporary employment shall be only for such time as is required to complete the specific assignment for which the original appointment was approved.

Commission it is not practicable to treat the position as in the competitive classified service; but this paragraph shall not apply to any person employed in Canada or Mexico in the service of the Immigration and Naturalization Service, Department of Labor, or to any person employed in any foreign country by the Bureau of Customs of the Treasury Department.

[Preceding paragraph, in small type, superseded by following paragraph during period covered by this Supplement]

(g) Any person employed in a foreign country or in the Virgin Islands, or in Puerto Rico when public exigency warrants, or in any island possession of the United States in the Pacific Ocean (except the Hawaiian Islands), or United States citizens employed in a confidential capacity in the Philippine Islands, when in the opinion of the Civil Service Commission it is not practicable to treat the position as in the competitive classified service; but this paragraph shall not apply to any person employed in Canada or Mexico in the service of the

(e) Chinese, Japanese, and Hindu in- Immigration and Naturalization Service, terpreters.

(f) Any person receiving from one department or establishment of the Government for his personal salary compensation aggregating not more than $540 per annum whose duties require only a portion of his time, or whose services are needed for very brief periods at intervals, provided that employment under this provision shall not be for job work

Department of Labor, or to any person employed in any foreign country by the Bureau of Customs of the Treasury Department. [As amended by E.O. 8258, Sept. 21, 1939; 4 F.R. 4023]

(h) Officers and employees in the Federal service on the Isthmus of Panama, except accountant, bookkeeper, clerk, draftsman, physician, playground director, statistician, stenographer, surgeon,

trained nurse, typist, and harbor per- (f) One chauffeur for the Secretary of sonnel in the Quartermaster Corps of the State.*† War Department. Appointments to clerical positions on the Isthmus of Panama paying $100 in United States currency per month or less may be made without examination.

(c) Chief and two assistant chiefs of dividual, in which at least one-half of the foreign service buildings office.

medicine, such appointments to be sub- | such occupations; and other subordinate ject to the prior approval of the employees in similar manual occupaCommission. tions; when, in the opinion of the Com

(i) Internes (medical and dental) in mission, the establishment of registers the Public Health Service. is impracticable.

a

(j) Public Health Service: Research associates holding fellowships for fixed term of service in the National Institute of Health under the Act approved May 26, 1930. The qualifications for such research associates shall be subject to approval by the Commission.

(k) Bureau of Customs: Positions in foreign countries designated as "interpreter-translator" and "special employee", when filled by appointment of persons who are not citizens of the United States; and positions in foreign

countries of messenger and janitor.*†

§ 50.4 War Department. (a) Two private secretaries or confidential assistants to the Secretary of War and one to each Assistant Secretary of War.

(g) Caretakers of abandoned military reservations or of abandoned or unoccupied military posts when the positions are filled by retired noncommissioned officers or enlisted men.

(h) Civilian professors, instructors, and teachers at the United States Military Academy, West Point, N. Y., except the following: civilian instructor of wrestling, civilian instructor of boxing, civilian instructor of gymnastics, chapel organist and choirmaster, teachers at the children's school, and librarian.

(i) Physicians and surgeons employed on a fee basis or under contract when, in the opinion of the Commission, the establishment of registers is impracticable.

(j) Employees at Army hospitals in the Philippines and in Puerto Rico when, (b) One chauffeur for the Secretary cf in the opinion of the Commission, the War.

establishment of registers is impracticable.*+

§ 50.5 Navy Department. (a) Two private secretaries or confidential assistants to the Secretary of the Navy, and one to each Assistant Secretary of the Navy.

(c) United States Army Transport Service: Longshoremen and dock seamen employed at ports in the United States; and the following positions on transport ships: Seaman, water tender, oiler, fireman, wiper, room-bath and deck steward, messman, messboy, dishwasher, (b) Professors, instructors, and teachjanitor, porter, scullion, silver and glass man, watchman, headwaiter, waiter, bell-ers in the United States Naval Academy. boy, barber, laundryman, Post Exchange (c) Positions the duties of which are steward, administrative assistant-Post of a quasi-naval character and involve Exchange, soda dispenser; and all grades the security of secret or confidential of the following: Cook, baker, butcher, matter when, in the opinion of the Compantryman. The Civil Service Commis- mission, they cannot be filled from sion, with the concurrence of the Secre-registers of eligibles. tary of War, is authorized to include in the classified service any of the foregoing positions which are of a character and stability of tenure similar to those now classified.

(d) Positions the duties of which are of a quasi-military nature and involve the security of secret or confidential matter, when in the opinion of the Commission they cannot be filled from registers of eligibles.

(e) One consulting architect for work of reconstructing the United States Military Academy, West Point, N. Y.

(d) Positions of attendant and orderly at the U. S. Naval Home when filled by the appointment of beneficiaries of the Home.

(e) At the naval stations at Cavite, Olongapo, and Guantanamo: artisans engaged in a recognized craft, trade, or skilled (manual) occupation; helpers in such occupations; other subordinate employees in similar manual occupations; supervisory employees over workers in these occupations; when, in the opinion of the Commission, the establishment of registers is impracticable.*†

(f) In the Philippine Islands: artisans § 50.6 Department of Justice. (a) engaged in a recognized trade, craft or Director and not more than three assistskilled (manual) occupation; helpers inant directors of prisons.