5 C.F.R. § 351.301
Applicability
(a) This subpart is applicable when the work of one or more employees is moved from one competitive area to another as a transfer of function regardless of whether or not the movement is made under authority of a statute, Executive order, reorganization plan, or other authority.
(b) In a transfer of function, the function must cease in the losing competitive area and continue in an identical form in the gaining competitive area (i.e., in the gaining competitive area, the function continues to be carried out by competing employees rather than by noncompeting employees).
Notes of Decisions
Cited in 2
cases, 1997–2014 · leading case: Shoshone-Bannock Tribes of the Fort Hall Reservation v. Shalala, 988 F. Supp. 1306 (D. Or. 1997).
Shoshone-Bannock Tribes of the Fort Hall Reservation v. Shalala, 988 F. Supp. 1306 (D. Or. 1997). “713 (governing severance pay), 5 C.F.R. § 351.301 (regarding transfer of function), and 5 U.”
Debbie J. Coles-Mitchell v. United States Postal Serv. (MSPB 2014). “The Board also directed the agency to “otherwise adhere to its restoration obligations as set forth under its own rules and 5 C.F.R. § 351.301 (d).” Id., ¶ 19 . ¶3 The appellant filed a first petition for enforcement alleging that the agency failed to properly calculate her back…”
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