5 C.F.R. § 351.203

Definitions

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In this part:

Competing employee means an employee in tenure group I, II, or III.

Current rating of record is the rating of record for the most recently completed appraisal period as provided in § 351.504(b)(3).

Days means calendar days.

Function means all or a clearly identifiable segment of an agency's mission (including all integral parts of that mission), regardless of how it is performed.

Furlough under this part means the placement of an employee in a temporary nonduty and nonpay status for more than 30 consecutive calendar days, or more than 22 workdays if done on a discontinuous basis, but not more than 1 year.

Local commuting area means the geographic area that usually constitutes one area for employment purposes. It includes any population center (or two or more neighboring ones) and the surrounding localities in which people live and can reasonably be expected to travel back and forth daily to their usual employment.

Modal rating is the summary rating level assigned most frequently among the actual ratings of record that are:

(1) Assigned under the summary level pattern that applies to the employee's position of record on the date of the reduction in force;

(2) Given within the same competitive area, or at the agency's option within a larger subdivision of the agency or agencywide; and

(3) On record for the most recently completed appraisal period prior to the date of issuance of reduction in force notices or the cutoff date the agency specifies prior to the issuance of reduction in force notices after which no new ratings will be put on record.

Rating of record has the meaning given that term in § 430.203 of this chapter. For an employee not subject to 5 U.S.C. Chapter 43, or part 430 of this chapter, it means the officially designated performance rating, as provided for in the agency's appraisal system, that is considered to be an equivalent rating of record under the provisions of § 430.201(c) of this chapter.

Reorganization means the planned elimination, addition, or redistribution of functions or duties in an organization.

Representative rate means:

(1) The fourth step of the grade for a position covered by the General Schedule, using the locality rate authorized by 5 U.S.C. 5304 and subpart F of part 531 of this chapter for General Schedule positions;

(2) The prevailing rate for a position covered by a wage-board or similar wage-determining procedure, such as provided in the definition of representative rate for Federal Wage System positions in 5 CFR 532.401 of this chapter;

(3) For positions in a pay band, the rate (or rates) the agency designates as representative of that pay band or competitive levels within the pay band, including (as appropriate) any applicable locality payment authorized by 5 U.S.C. 5304 and subpart F of part 531 of this chapter (or equivalent payment under other legal authority); and

(4) For other positions (e.g., positions in an unclassified pay system), the rate the agency designates as representative of the position, including (as appropriate) any applicable locality payment authorized by subpart F of part 531 (or equivalent payment under other legal authority).

Transfer of function means the transfer of the performance of a continuing function from one competitive area and its addition to one or more other competitive areas, except when the function involved is virtually identical to functions already being performed in the other competitive area(s) affected; or the movement of the competitive area in which the function is performed to another commuting area.

Undue interruption means a degree of interruption that would prevent the completion of required work by the employee 90 days after the employee has been placed in a different position under this part. The 90-day standard should be considered within the allowable limits of time and quality, taking into account the pressures of priorities, deadlines, and other demands. However, a work program would generally not be unduly interrupted even if an employee needed more than 90 days after the reduction in force to perform the optimum quality or quantity of work. The 90-day standard may be extended if placement is made under this part to a low priority program or to a vacant position.

[51 FR 319, Jan. 3, 1986, as amended at 58 FR 65533, Dec. 15, 1993; 60 FR 3062, Jan. 13, 1995; 62 FR 62500, Nov. 24, 1997; 73 FR 29388, May 21, 2008]
Notes of Decisions
Cited in 26 cases (4 in the last 5 years), 1967–2025 · leading case: Diane Y. WASHINGTON, Plaintiff-Appellant, v. H. Lawrence GARRETT, III, Sec'y of the Navy, Defendant-Appellee, 10 F.3d 1421 (9th Cir. 1994).
Diane Y. WASHINGTON, Plaintiff-Appellant, v. H. Lawrence GARRETT, III, Sec'y of the Navy, Defendant-Appellee, 10 F.3d 1421 (9th Cir. 1994). “” 5 C.F.R. § 351.203 ; Mead v. Merit Sys. Protection Bd.”
Harold J. Romain v. Admiral Harold Shear, Adm'r of the Dep't of Transp., Mar. Admin., 799 F.2d 1416 (9th Cir. 1986). “The presiding official concluded: The evidence is compelling that a “reorganization” within the meaning of 5 C.F.R. 351.203(f) occurred. The evidence clearly established that there was a planned elimination of duties as well as a redistribution of functions in the organization…”
Elinor R. Bacon v. Dep't of Hous. & Urban Dev., 757 F.2d 265 (Fed. Cir. 1985). “” The term “reorganization” is defined in 5 C.F.R. § 351.203 (f) as “the planned elimination, addition, or redistribution of functions or duties in an organization.”
Am. Fed'n of Gov't Employees v. Hoffmann, 427 F. Supp. 1048 (N.D. Ala. 1976). “However, the property interest conferred by that statute and those regulations extend only to competing employees. 5 U.S.C.”
Raymond E. Dodd v. Tennessee Valley Auth., 770 F.2d 1038 (Fed. Cir. 1985). “5 C.F.R. § 351.203 defines competing employee as "an employee in tenure group I, II, or III.”
Brunton v. United States, 518 F. Supp. 223 (S.D. Ohio 1981). “5 C.F.R. § 351.203 (g) (1980) defines “reorganization” as “the planned elimination, addition, or redistribution of functions or duties in an organization.”
Tippins v. United States, 93 F.4th 1370 (Fed. Cir. 2024). “§ 3502 ; 5 C.F.R. § 351.203 (providing definitions for 5 C.”
Clifton L. Goodrich v. U. S. Dep't of the Navy & Merit Sys. Prot. Bd., 686 F.2d 169 (3rd Cir. 1982). “” 5 C.F.R. § 351.203 (f) (1982). The Federal Personnel Manual describes when reduction-in-force procedures apply to various types of downward classification: c.”
Am. Fed'n of Gov't Employees, Afl-Cio, Plaintiffs v. John C. Stetson (Successor), Sec'y of the Air Force, Defendants, 640 F.2d 642 (5th Cir. 1981). “The regulation refers to reorganization which is defined in 5 C.F.R. § 351.203 (g) as “the planned elimination, addition, or redistribution of functions or duties in an organization.”
John Lauri Salo v. Dep't of Def., 2015 MSPB 14 (MSPB 2015). · cites it 2× “5 C.F.R. § 351.203 . It is undisputed that the agency placed the appellant in a temporary nonpay and nonduty status for only 6 workdays on a discontinuous basis.”
Local 2855, AFGE (AFL-CIO) v. United States, 602 F.2d 574 (3rd Cir. 1979). “” As defined in 5 C.F.R. § 351.203 (g), reorganization means “the planned elimination, addition, or redistribution of functions or duties in an organization.”
Mary Lou Starling v. Dep't of Hous. & Urban Dev., 757 F.2d 271 (Fed. Cir. 1985). “” 5 C.F.R. § 351.203 (a) (1982). Since employees with specifically limited temporary appointments are not in tenure groups I, II, or III, they are not in a subgroup.”
— 5 C.F.R. § 351.203(a) — 1 case
Am. Fed'n of Gov't Employees v. Hoffmann, 427 F. Supp. 1048 (N.D. Ala. 1976). “However, the property interest conferred by that statute and those regulations extend only to competing employees. 5 U.S.C.”
— 5 C.F.R. § 351.203(f) — 1 case
Harold J. Romain v. Admiral Harold Shear, Adm'r of the Dep't of Transp., Mar. Admin., 799 F.2d 1416 (9th Cir. 1986). “The presiding official concluded: The evidence is compelling that a “reorganization” within the meaning of 5 C.F.R. 351.203(f) occurred. The evidence clearly established that there was a planned elimination of duties as well as a redistribution of functions in the organization…”
— 5 C.F.R. § 351.203(g) — 1 case
Bright v. Macy, 278 F. Supp. 215 (D. Maryland 1967).
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