5 C.F.R. § 212.101
Definitions
In this chapter:
(a) Competitive service has the meaning given that term by section 2102 of title 5, United States Code, and includes:
(1) All civilian positions in the executive branch of the Federal Government not specifically excepted from the civil service laws by or pursuant to statute, by the President, or by the Office of Personnel Management, and not in the Senior Executive Service; and
(2) All positions in the legislative and judicial branches of the Federal Government and in the government of the District of Columbia specifically made subject to the civil service laws by statute.
(b) Competitive position means a position in the competitive service.
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 1981–2023 · leading case: Marshall J. Orloff, M.D. v. Max Cleland, as Adm'r, of the Vets. Admin., 708 F.2d 372 (9th Cir. 1983).
Marshall J. Orloff, M.D. v. Max Cleland, as Adm'r, of the Vets. Admin., 708 F.2d 372 (9th Cir. 1983). “Finally, we note that the regulations promulgated by the Office of Personnel Management (and formerly by the Civil Service Commission) make this exclusion of the Veterans Preference Act even more explicit by listing the Act as one of the various statutes which does not apply to…”
Jephunneh Lawrence v. Elmer B. Staats, 640 F.2d 427 (D.C. Cir. 1981). “27, 1979) (describing positions in GAO as “outside the executive branch”).”
Hondros v. United States Civil Serv. Comm'n, 720 F.2d 278 (3d Cir. 1983). “See also 5 C.F.R. § 212.101 (1983). . See 5 U.S.C.”
Suzanne Alyce Kopec v. Dep't of Vets. Affairs (MSPB 2016). “259 , ¶ 12 (2006); 5 C.F.R. § 212.101 (a)(1). The Office of Personnel Management (OPM) has established four schedules, Schedules A through D, under which appointments may be excepted from the competitive service.”
Michael Shumaker v. Dep't of Homeland Sec., No. DC-3443-16-0816-I-1 (MSPB July 17, 2023). “§ 2102 (a)(1)(C) and 5 C.F.R. § 212.101 (a)(1)); see Dean v. Department of the Air Force, 620 F.”
Trimble v. DOJ, No. 23-1277 (Fed. Cir. Nov. 7, 2023). “2, so vet- erans’ preference procedures did not apply. To be sure, in merit promotion hiring, veterans are still given a preference in that they are allowed to apply at all.”
Killingsworth v. Dep't of Health & Human Servs., 602 F. Supp. 640 (N.D. Cal. 1985). “§ 2102 (a)(1)(A); 5 C.F.R. §§ 212.101 , 302.102(b). Schedule A appointments are within the excepted service.”
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