(a) The agency losing the function is responsible for identifying the positions of competing employees with the transferring function. A competing employee is identified with the transferring function on the basis of the employee's official position.
(b) A competing employee is identified with a transferring function if the agency determines that employee performs the function during at least half of his or her work time.
(c) In determining what percentage of time an employee performs a function in the employee's official position, the agency may supplement the employee's official position description by the use of appropriate records (e.g., work reports, organizational time logs, work schedules, etc.) and information obtained from supervisors.
[91 FR 49219, Aug. 3, 2026]
Notes of Decisions
Elias Covington v. Dep't of Health & Human Servs., 750 F.2d 937 (Fed. Cir. 1984).
· cites it 3× “Upon remand, each individual appellant must be afforded an opportunity to present with some degree of specificity, evidence which tends to establish that he was denied retention to which he was otherwise entitled under 5 C.F.R. 351.303. Debold v. Department of the Navy, 9 MSPB…”
Certain Former Csa Employees v. Dep't of Health & Human Servs., 762 F.2d 978 (Fed. Cir. 1985).
“He also determined that the Department did not use *982 either of the prescribed methods for identifying competing employees with a transferring function, as 5 C.F.R. § 351.303 (c) and (d) (1984) require, and that as a result the Department “did not accord the appellants their…”
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