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In the Bureau of Engraving and Printing: Plate printer and skilled helper.
In the Office of the Auditor for the Post Office Department: Operative for the audit of accounts and vouchers of the Postal Service by means of laborsaving devices. 18
(3) The commission may arrange the territory of the United States into appropriate districts for the purpose of certification to positions in parts of the service not subject to the apportionment, and certification to any such position may be confined to residents of the district in which such position is located.
Rule VIII. Temporary Appointment.—(1) Temporary appointment without examination and certification by the commission shall not be made to a competitive position in any case except when the public interest so requires, and then only upon the prior authorization of the commission; and any appointment so authorized shall continue only for such period as may be necessary to make appointment through certification of eligibles, and in no case without prior approval of the commission shall extend beyond 30 days from receipt by the appointing officer of the commission's certificate; and when a vacancy is to be filled by promotion or transfer for which the commission's certificate is not required and a temporary appointment is authorized by the commission under the provisions of this section pending the promotion or transfer, such temporary appointment shall in no case continue beyond the period of 30 days without prior approval of the commission.
(2) When there are no eligibles upon a register for any grade in which a vacancy exists and the public interest requires that it be filled before eligibles can be provided by the commission, then the commission may authorize temporary appointment without examination. Such appointment shall continue only for such period as may be necessary to make appointment through certification, and in no case without prior approval of the commission shall extend beyond 30 days from the receipt by the appointing officer of the commission's certification of eligibles.
(3) When there is at least one eligible and not more than two eligibles on a register for any grade in which a vacancy exists, the commission shall, upon requisition from the proper appointing officer, certify the name of the one eligible or the names of the two eligibles, which shall be considered by the appointing officer with a view to probational appointment; and if the appointing officer shall elect not to make probational appointment from such certificate of less than three names, then if temporary appointment is required it shall be made from such certificate unless reasons satisfactory to the commission are given why such appointment should not be made. Such temporary appointment may continue until three eligibles are provided. If selection is not made from the certificate for either probational or temporary appointment under the provisions of this section, then temporary appointment, if required, may be made under the provisions of section 2 of this rule.
(4) When there is work of a temporary character, at the completion of which the services of an additional employee will not be required, a temporary appoint
18 20 Op. Atty. Gen. 274, Dec. 10, 1891 ; 27 Op. Atty. Gen. 546, Aug. 18, 1909; 28 Op. Atty. Gen. 78, Nov. 15, 1909; 28 Op. Atty. Gen. 348, June 17, 1910.
ment may be made with the prior consent of the commission for a period not to exceed three months, and may with like consent of the commission be extended for a further period of three months. Such temporary appointment shall be made through certification from the commission's eligible registers unless the commission shall decide in any case that there are no available eligibles. Such temporary appointment shall not extend beyond six months unless there are no eligibles available for the additional period or under unusual circumstances which seem to the commission to justify an extension beyond six months; and in no case shall such temporary appointment extend beyond six months for any purpose other than to complete the job of work for which the person was originally employed. The commission may restrict certification for temporary appointment to such eligibles as by reason of residence or other conditions are immediately available.
(5) The acceptance by an eligible of a temporary appointment shall not affect his standing on any register for permanent employment, and experience gained as a temporary appointee shall in no way vary the order of certification for permanent appointment. A temporary appointment may be made permanent when the temporary appointee is within reach for permanent appointment at the time of his temporary appointment or in case he is so within reach during his temporary service. In such case the probational appointment may date from the time when he became within reach for probational appointment. A person who has been temporarily employed under the provisions of one section of this rule shall not for that reason be ineligible for employment under any other section. Any appointment under sections 1, 2, or 3 of this rule shall be promptly reported by letter to the commission, as made, with a statement of the action taken for making permanent appointment. The commission is authorized to inspect the records of any department or office to aid it in observing and enforcing the operation of the provisions of this rule and reporting thereon to the President.
Rule IX. Reinstatement.—(1) A person separated without delinquency or misconduct from a competitive position or from a position which he entered by transfer or promotion from a competitive position or to accept another appointment in the executive civil service may be reinstated upon certificate of the commission subject to the following limitations:
(a) Unless otherwise provided hereinafter a person may be reinstated only to the department or independent government establishment from which separated and upon requisition made within one year from the date of his separation. When the commission and the appointing officer are in agreement that the public interest requires such unusual action, the commission may allow reinstatement in any part of the classified service, and it may also authorize waiver of the one-year limit herein prescribed under the following time limitations: Two years where service has been two years but less than three years; three years where service has been three years but less than four years; four years where service has been four years but less than five years; and five years where service has been five years or more.
(b) A person honorably released from the active military or naval service of the United States after service in the Civil War, or the War with Spain, or the War with Germany, or his widow, or an army nurse of any of said wars may be reinstated within five years from the date of separation. When the commission and the appointing officer are in agreement that the public interest requires such action reinstatement may be made without time limit.
(c) A former classified employee retired upon annuity under the Act of May 22, 1920, by reason of total disability, who is eligible for reinstatement in his former department or office by reason of recovery and termination of annuity, shall also be eligible for reinstatement to an appropriate position in any part of the service, subject to the conditions and limitations of the civil service rules.
(d) No person in any of the foregoing groups may be reinstated to a position requiring an examination different from that required in the position from which he was separated without passing an appropriate examination.19
Rule X. Transfer.—Transfers shall be governed as follows:
(1) No transfer shall be made to a competitive position above the lowest class in any grade unless the appointing officer shall certify that the position cannot be adequately filled by promotion; but the commission may, with the approval of the head of any department, adopt regulations applicable to the service in or under such department, declaring what class shall be regarded as the lowest in any grade.
(2) No person appointed without competitive examination to a position classified at the time of such appointment, and no person serving in an unclassified position or in a position named in Schedule A or Schedule B, not appointed by competitive examination, or by transfer or promotion from a competitive position, shall be transferred to a competitive position, except as hereinafter provided in this rule and in Schedule A.
(3) Any person may be retransferred to a position in which he was formerly employed or to any position to which transfer could be made therefrom if since his transfer he has served continuously and satisfactorily under any of the following conditions:
(1) In the executive or judicial civil service of the United States or of its insular possessions.
(2) In the legislative service if he entered the classified service upon competitive examination and the legislative service by transfer therefrom.
(3) In the service of a state, county, municipality, or foreign government in a position in which he has acquired valuable training and experience.
Such retransfer may be made without compliance with clauses (b), (c), (d), and (e) of section 8 of this rule.
(4) Any person who has served for at least two years in the office of the President of the United States may be transferred to a competitive classified position upon such tests of fitness as the commission may deem proper.
(5) In the apportioned service transfers within the same department or office may be made without certificate of the commission, subject to the rules and regulations regarding promotion, unless different tests are prescribed for original entrance to the position to which transfer is proposed.
19 24 Op. Atty. Gen. 103, Aug. 27, 1902; 19 Op. Atty. Gen. 416, Oct. 26, 1889; 25 Op. Atty. Gen. 618, June 13, 1906.
(1) lu the nonapportioned service transfers within an office, among post offices, among the ditterent offices of the same customs district, among the military sta tf departments, and from the War Department to any military staff departunt, may be made without certificate of the commission, and subject to the limitations prescribed in section 5 of this rule, unless otherwise provided by regulation of the commission.
(7) Operatives and other employees in the Bureau of Engraving and Printing whose duties are similar to those of operatives may be transferred without examination and certificate of the commission to the apportioned positions of expert money counter and paper counter in the office of the Secretary of the Treasury, and expert counter, feeder, and separator in the office of the Treasurer of the l'nited States. Employees so transferred shall not be charged to the apportionment, and such transfer shall not give them rights of promotion or transfer greater than those of the positions from which they were transferred, and they shall not be assigned to duties other than those of the positions named in this section,
(8) Unless otherwise specifically provided in this rule no person shall be transferred except on certificate of the commission previously obtained and subject to the following limitations:
(a) He must have received absolute appointment and have actually served at least six months next preceding the transfer; but the commission may waive this latter requirement in cases of transfer from the Isthmus of Panama or where the person has been separated within a year from a competitive position after six months' service therein upon the certificate of the proper officer that the separation was caused by necessary reduction of force and not by inefficiency, and may allow transfer to any other department or office upon his passing an examination prescribed by the commission testing his efficiency for the position to which his transfer is proposed, subject to the provisions of this rule.
(b) He must be within the age limitations prescribed for examination for the position to which his transfer is proposed; but whenever the commission and the appointing officer are in agreement that the public interest requires such unusual action the commission may approve transfer without regard to age limitations.
(c) The apportionment must be observed unless waived by the commission upon the certificates of the appointing officer that the transier is required in the interest of good administration, setting forth the reasons in detail.
(d) He must pass an appropriate examination whenever different tests are prescribed for original entrance to the position to which transier is proposed.
(e) He shall not be transierred unless, in the judgment of the commission, he possesses experience, qua'ifications, or training which are required for the proper periormance of the duties of the position to which transier is proposed and which render necessary in the interests of the service the filling of the position by his transfer, rather than by an original appointment or promotion in the manner provided by the civil service act.
O The person to be transierred from a nonapportioned to an apportioned position shall be required, prevac us to his transier, to prove his residence in the same manner as for original appointment.
(10) An officer or employee occupying a competitive position in the Philippine classified service, who has served three years or more therein, may be transferred to the federal classified service, subject to the provisions of these rules ; but the commission may authorize the transfer of an officer or employee who has served two years in the Philippine classified service and who has been separated by necessary reduction of force or by displacement by a Filipino, if he is especially recommended by the War Department because of his efficiency and good character. In all cases of proposed transfer from the Philippine classified service the War Department shall furnish the commission, for its consideration, all relevant information contained in its files, together with the service record of the employee.
(11) The commission may, in its discretion, authorize the transfer of employees from the civil service of Porto Rico to that of the United States, subject to the limitations respecting transfer, within the civil service of the United States.
(12) A citizen of the United States in the service of the Panama Canal on or before January 1, 1925, in an excepted position other than that of clerk paying not more than $80 in gold per month may be transferred without examination to a position in the competitive classified service, provided :
(a) This section shall not apply to a person appointed to a competitive position in accordance with the civil-service rules, his transfer to be governed by the general provisions of the rules.
(b) This section shall not apply to a person appointed without examination to perform the duties of clerk of any grade, bookkeeper, stenographer, typewriter, surgeon, physician, trained nurse, or draftsman.
(c) He must have rendered at least two years' service in a position above the grade of mere unskilled laborer in the service of the Panama Canal or of the Panama Railroad by transfer from the canal.
(d) He may be transferred to a position of no higher grade requiring similar qualifications or to a position of a lower grade for which he is qualified.
(e) He must be specially recommended by the Governor of the Panama Ca. nal by reason of efficient service and satisfactory conduct.
(f) If separated from the service, the requisition for transfer must be made within three years from the date of separation, and if he has been separated more than one year evidence of continuing good character and efficiency may be required.
(13) In a case of exceptional merit where an employee has rendered long and faithful service beyond the seas in a civil capacity, under conditions such that his appointment and services were not in contravention of the civil-service rules or executive orders, he may be given a classified status by the head of the department or office in which such service was rendered on certification by such officer that the case is one of exceptional merit and with the approval of the commission. The provisions of this section may be applied in the case of Philippine constabulary officers who have rendered at least seven years of efficient and satisfactory service.
Rule XI. Promotion.—(1) Competitive tests or examinations shall, as far as practicable and useful, be established to test fitness for promotion in the classifiel service.