5 C.F.R. § 1.4

Extent of the excepted service

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(a) The excepted service shall include all civilian positions in the executive branch of the Government which are specifically excepted from the requirements of the Civil Service Act or from the competitive service by or pursuant to statute or by OPM under § 6.1 of this subchapter.

(b) Excepted service shall have the same meaning as the words “unclassified service”, or “unclassified civil service”, or “positions outside the competitive civil service” as used in existing statutes and executive orders.

(c) Excepted position shall have the same meaning as “unclassified position”, or “position excepted by law”, or “position excepted by executive order”, or “position excepted by Civil Service Rule”, or “position outside the competitive service” as used in existing statutes and Executive orders.

Notes of Decisions

Cited in 3 cases, 1982–2014 · leading case: Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 754 F.3d 1031 (D.C. Cir. 2014).

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Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 754 F.3d 1031 (D.C. Cir. 2014). · cites it 2× “In the alternative, it argued that OPM investigators act as IRS representatives at least when they investigate excepted personnel (that is, personnel who are excepted under 5 C.F.R. § 1.4 (a), see supra note 2) and that the failure to allow union representation for them violates…”

Raymond E. Dodd v. Tennessee Valley Auth., 770 F.2d 1038 (Fed. Cir. 1985). “1 , or from the Civil Service Act requirements, 5 C.F.R. § 1.4 (a). We believe that it is specifically exempted.”

Renard v. New Cumberland Army Depot, United States Army, 533 F. Supp. 451 (M.D. Penn. 1982). “…States Court of Appeals. . The term excepted appointment means a position outside of the competitive service. See 5 C.F.R. § 1.4 (c).”

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