5 C.F.R. § 351.404

Retention register

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(a) When a competing employee is to be released from a competitive level under this part, the agency shall establish a separate retention register for that competitive level. The retention register is prepared from the current retention records of employees. Upon displacing another employee under this part, an employee retains the same status and tenure in the new position. Except for an employee on military duty with a restoration right, the agency shall enter on the retention register, in the order of retention standing, the name of each competing employee who is:

(1) In the competitive level;

(2) Temporarily promoted from the competitive level by temporary or term promotion; or

(3) Detailed from the competitive level under 5 U.S.C. 3341 or other appropriate authority.

(b)(1) The name of each employee serving under a time limited appointment or promotion to a position in a competitive level shall be entered on a list apart from the retention register for that competitive level, along with the expiration date of the action.

(2) The agency shall list, at the bottom of the list prepared under paragraph (b)(1) of this section, the name of each employee in the competitive level with a written decision of removal under part 432 or 752 of this chapter.

[51 FR 319, Jan. 3, 1986, as amended at 62 FR 62500, Nov. 24, 1997]

Notes of Decisions

Cited in 5 cases, 1975–1994 · leading case: Am. Fed'n of Gov't Employees v. Hoffmann, 427 F. Supp. 1048 (N.D. Ala. 1976).

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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.”

Certain Former Csa Employees v. Dep't of Health & Human Servs., 762 F.2d 978 (Fed. Cir. 1985). “403 (1984), and there were no separate retention registers for each competitive level, 5 C.F.R. § 351.404 (1984). Accordingly, there may have been some former Community Services Administration employees who were not given jobs with the Office of Community Services to which they…”

Richard A. Deweese v. Tennessee Valley Auth., 35 F.3d 538 (Fed. Cir. 1994). “See 5 C.F.R. § 351.404 (retention registers).”

Crowley v. United States, 208 Ct. Cl. 415 (Ct. Cl. 1975). “In addition, according to plaintiffs, defendant failed to prepare (and produce) retention registers to support its demotion actions, as purportedly required by 5 C.F.R. §§ 351.404 and 351.501. We do not agree with either of these contentions.”

Mary Lou Starling v. Dep't of Hous. & Urban Dev., 757 F.2d 271 (Fed. Cir. 1985). “Since employees with a specifically limited temporary appointment are entered on a list apart from the retention register, 5 C.F.R. § 351.404 (c) (1982), for administrative convenience the agency assigned them to tenure group 0.”

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