5 C.F.R. § 351.402

Competitive area

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Each agency shall establish competitive areas in which employees compete for retention under this part.

(b) A competitive area must be defined solely in terms of the agency's organizational unit(s) and geographical location and, except as provided in paragraph (e) of this section, it must include all employees within the competitive area so defined. A competitive area may consist of all or part of an agency. The minimum competitive area is a subdivision of the agency under separate administration within the local commuting area.

(c) When a competitive area will be in effect less than 90 days prior to the effective date of a reduction in force, a description of the competitive area shall be submitted to the OPM for approval in advance of the reduction in force. Descriptions of all competitive areas must be made readily available for review.

(d) Each agency shall establish a separate competitive area for each Inspector General activity established under authority of the Inspector General Act of 1978, Public Law 95-452, as amended, in which only employees of that office shall compete for retention under this part.

(e) When an agency finds that a competitive area defined under paragraph (b) of this section includes pay band positions and positions not covered by a pay band, the agency may, at its discretion, define a separate (and additional) competitive area, otherwise consistent with paragraph (b) of this section, to include only pay band positions. The original competitive area would then include only the remaining positions (i.e., those positions not covered by a pay band).

[51 FR 319 Jan. 3, 1986, as amended at 56 FR 65416, Dec. 17, 1991; 62 FR 62500, Nov. 24, 1997; 73 FR 46532, Aug. 11, 2008]

Notes of Decisions

Cited in 38 cases (3 in the last 5 years), 1974–2025 · leading case: Sharon Andrade v. Charles A. Lauer, Acting Adm'r, Off. of Juv. Just., 729 F.2d 1475 (D.C. Cir. 1984).

Sort: Relevance Newest Treatment

Sharon Andrade v. Charles A. Lauer, Acting Adm'r, Off. of Juv. Just., 729 F.2d 1475 (D.C. Cir. 1984). · cites it 5× “5 C.F.R. § 351.402 (a). 3 The “stan *1479 dard for a competitive area is that it include all or that part of an agency in which employees are assigned under a single administrative authority.”

Markland v. Off. of Pers. Mgmt., 140 F.3d 1031 (Fed. Cir. 1998). · cites it 5× “Background Following its redesign in January 1995, the Office of Personnel Management (OPM) delineated fifteen departmental service competitive areas pursuant to 5 C.F.R. § 351.402 (b) (1997), each of which corresponded to a subdivision of the central office.”

Orin Thomas Grier v. Dep't of Health & Human Servs., 750 F.2d 944 (Fed. Cir. 1984). · cites it 3× “5 C.F.R. § 351.402 . Agencies, therefore, must accommodate two elements, administrative structure and geography, in determining competitive areas.”

Am. Fed'n of Gov't Employees, Local 32 v. Fed. Labor Relations Auth., Off. of Pers. Mgmt., Intervenor, 110 F.3d 810 (D.C. Cir. 1997). · cites it 6× “” 5 C.F.R. § 351.402 (b) (emphasis added); see also U.”

Nuclear Regulatory Comm'n v. Fed. Labor Relations Auth., Nat'l Treasury Employees Union, Intervenor, 895 F.2d 152 (4th Cir. 1990). · cites it 3× “5 C.F.R. § 351.402 . *157 The employees in a particular competitive area compete with each other for remaining positions exclusively on the basis of their relative retention standing.”

Nat'l Treasury Employees Union v. Donald J. Devine, Dir., Off. of Pers. Mgmt., 733 F.2d 114 (D.C. Cir. 1984). “49,465 (1983) (to be codified at 5 C.F.R. § 351.402 (c)); id. at 49,480 (to be codified at 5 C.”

Howard D. Cowan v. The United States, 710 F.2d 803 (Fed. Cir. 1983). “5 C.F.R. § 351.402 . 9 . See supra note 7.”

Am. Fed'n of Gov't Employees, Local 32, Afl-Cio v. Fed. Labor Relations Auth., 853 F.2d 986 (D.C. Cir. 1988). “See 5 C.F.R. § 351.402 (defining “competitive area").”

U.S. Merit Sys. Prot. Bd. v. Fed. Labor Relations Auth., 913 F.2d 976 (D.C. Cir. 1990). · cites it 2× “See 5 C.F.R. §§ 351.402 (a), .701(a); FPM Supplement 351-1 §§ S3-2(a), S5-3(a)(2).”

William L. Ginnodo v. Off. of Pers. Mgmt., 753 F.2d 1061 (Fed. Cir. 1985). · cites it 5× “Ginnodo argues that by denying him all opportunity to compete with other employees, OPM violated the provisions of 5 C.F.R. § 351.402 (1982) 1 and its own policies for the establishment of competitive areas as clarified by the amended text of that regulation.”

Kenneth M. Cooper v. Tennessee Valley Auth., 723 F.2d 1560 (Fed. Cir. 1983). “5 C.F.R. § 351.402 -.403 (1983). TVA established Raccoon Mountain as the petitioner’s competitive area and the supervising engineer level at which he was employed as his competitive level.”

Raymond E. Dodd v. Tennessee Valley Auth., 770 F.2d 1038 (Fed. Cir. 1985). “Competitive area, 5 C.F.R. § 351.402 , and competitive level, 5 C.”

Show all 38 citing cases →

— 5 C.F.R. § 351.402(b) — 1 case

Stover v. Chairman, Equal Emp. Opportunity Comm'n, 673 F. Supp. 522 (D.D.C. 1987).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.