In this subpart—
Advancement means a promotion (including a temporary promotion) or any type of appointment resulting in a higher grade or higher rate of basic pay.
Competitive appointment means an appointment based on selection from a competitive examination register of eligibles or under a direct hire authority.
Hardship to an agency involves serious difficulty in filling a position, including when:
(a) The situation to be redressed results from circumstances beyond the organization's control and otherwise would require extensive corrective action; or
(b) A position at the next lower grade in the normal line of promotion does not exist and the resulting action is not a career ladder promotion; or
(c) There is a shortage of candidates for the position to be filled.
Inequity to an employee involves situations where a position is upgraded without change in the employee's duties or responsibilities, or where discrimination or administrative error prevented an employee from reaching a higher grade.
Nontemporary appointment means any appointment other than a temporary appointment pending establishment of a register (TAPER) or a temporary or excepted appointment not to exceed 1 year or less.
Notes of Decisions
Melvin W. Coles v. Gen. Howard W. Penny, Dir., Def. Mapping Agency, 531 F.2d 609 (D.C. Cir. 1976).
“-603(a)(4) that § 300.602 does not bar promotion when the Civil Service Commission, “on request of the head of the agency, authorizes the advancement to avoid undue hardship or inequity, in an individual case of meritorious nature.”
James B. Dowd, Jr. v. The United States, 713 F.2d 720 (Fed. Cir. 1983).
“Heilman, therefore, cannot be distinguished, but it can be reinterpreted simply to affirm that time-in-grade restrictions are per se valid within the regulatory scheme and that their validity is therefore not appealable. Their application, however, can be considered by the board…”
Trout v. Hidalgo, 517 F. Supp. 873 (D.D.C. 1981).
“It is likely that such discrimination before 1972, even if coupled with neutral employment practices since then, produced actionable continuing discriminatory effects after 1972, particularly since Civil Service regulations patterned after the so-called Whitten Amendment ( 5…”
Trout v. Garrett, 780 F. Supp. 1396 (D.D.C. 1991).
“758 (1951); see 5 C.F.R. § 300.602 (1982). 18 . The government states that it makes this objection against 33 plaintiffs.”
Grumbine v. United States, 586 F. Supp. 1144 (D.D.C. 1984).
“5 C.F.R. § 300.602 (1982). A directive of the Treasury Department’s General Counsel is to the same effect.”
Girdis v. Equal Emp. Opportunity Comm'n, 688 F. Supp. 40 (D. Mass. 1987).
“5 C.F.R. § 300.602 . These restrictions applied in spite of an employee’s merit-related qualifications and were applicable both to promotion within the same agency and to transfers within *43 the competitive service in the executive branch.”
MacHakos v. Meese, 647 F. Supp. 1253 (D.D.C. 1986).
“OPM regulations found in 5 C.F.R. § 300.602 establish “time-in-grade” requirements for advancement to higher level positions in the competitive service.”
Freeman v. Lewis, 675 F.2d 398 (D.C. Cir. 1982).
“Indisputably, they were the only two for which the district court granted plaintiff redress in its order of 29 October 1980, or mentioned in its Findings of Fact (see ¶ 15).”
— 5 C.F.R. § 300.602(a) — 1 case
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