5 C.F.R. § 1.1
Positions and employees affected by the rules in this subchapter
The rules in this subchapter shall apply to all positions in the competitive service and to all incumbents of such positions. Except as expressly provided in the rule concerned, the rules in this subchapter shall not apply to positions and employees in the excepted service.
Notes of Decisions
Cited in 4
cases, 1947–1988 · leading case: United Pub. Workers of Am. v. Mitchell, 330 U.S. 75 (1947).
United Pub. Workers of Am. v. Mitchell, 330 U.S. 75 (1947). “[7] See note 4, supra, and 5 C.F.R. § 1.1 , June 1, 1938. A change occurred also in Rule 15.”
Hedman v. United States, 15 Cl. Ct. 304 (Ct. Cl. 1988). “5 C.F.R. § 1.1 (1984). The competitive service includes all civilian positions in the executive branch of the government, unless specifically excepted from the civil service by or under statute.”
Pasquale Diluigi, in 77-2433 v. Major Gen. Nicholas P. Kafkalas, Individually & in His Capacity as Adjutant Gen. of Pennsylvania, in 77-2434, 584 F.2d 22 (3rd Cir. 1978). “See 5 C.F.R. § 1.1 (1978). “[A]ppoint-ments and position changes in the excepted service shall be made in accordance with such regulations and practices as the head of the agency concerned finds necessary.”
James Joseph Painter v. Fed. Bureau of Investigation, 694 F.2d 255 (Fed. Cir. 1982). “See 5 C.F.R. §§ 1.1 , 771. Thus, there is no property interest created by statute or regulation in appellant’s employment with the FBI.”
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