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lishment in the Philippine Islands, as may be agreed upon by the Secretary of the Navy and the Civil Service Commission. [E.O. 5170, Aug. 8, 1929]

(b) Any person employed in an area outside the continental limits of the United States (except the Canal Zone and Alaska), when in the opinion of the Secretary of the Navy the best interests of the service so require. [E.O. 7404, July 1, 1936, 1 F.R. 714]

(c) Classified positions in the field service of the Navy Department and the Marine Corps when filled by the promotion of unclassified laborers, subject to the approval of the Commission.* [E.O. 7661, July 17, 1937, 2 F.R. 1251]

51.10 Farm Credit Administration. (a) Attorneys of all grades. [E.O. 5248, Dec. 28, 1929]

(b) Experts in all branches of agricultural science, economics, finance, law, statistics, accountancy, insurance, and business administration, whose training and experience along the lines of their proposed duties clearly indicate the possession of expert qualifications.* [E.O. 5248, Dec. 28, 1929]

51.11 Post Office Department. One postal rate expert.* [E.O. 5922, Sept. 17, 1932]

51.12 National Training School for Boys. Cottage officers and cottage matrons.* [E.O. 7228, Nov. 18, 1935]

PART 52-APPOINTMENT OF UNCLASSIFIED LABORERS

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Section 52.1 Authority. The Civil Service Commission is authorized to apply the regulations in this part to such cities or parts of the executive civil service as it may deem expedient. It shall be the duty of all officers in the executive civil service to aid the Commission in all proper ways in carrying said regulations into effect.** [Executive approval, June 5, 1922]

**88 52.1 to 52.14, inclusive, issued under the authority contained in R.S. 1753; 5 U.S.C. 631.

52.2 Qualifications of applicants. Applicants must be citizens of the United States, physically and mentally qualified, of good character and habits, and not less than 18, nor more than 50, years of age, except for the position of boy laborer, for which applicants must be not less than 14 (except when a higher minimum is required by State laws) nor more than 18 years of age. These age limitations shall not apply to persons honorably discharged from the Army or Navy or Marine Corps, who may be admitted to examination without reference to age." .** [E.O., June 5, 1922]

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*For statutory citation, see note to § 51.0.

52.3 Appointment of aliens. Whenever citizen eligibles are not obtained as a result of duly announced examinations, aliens may be employed temporarily without regard to the regulations. In all such cases, however, if citizen eligibles later are available, places temporarily filled by aliens shall be immediately vacated and filled by citizen eligibles. In no circumstances shall alien labor be engaged under wage rate less than the prevailing rate for like labor paid to citizen labor in the immediate vicinity.* [E.O. 4344, Nov. 20, 1925] 52.4 Causes of rejection. An applicant may be rejected for any of the following reasons:

(a) Dismissal from the public service Federal, State, or municipal-for misconduct within 1 year preceding.

(b) Physical or mental unfitness.

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(c) Criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct.

(d) Intentionally making a false statement in any material fact or practicing deception or fraud in securing registration or appointment.* [E.O., June 5, 1922]

52.5 Political or religious affiliations. The political or religious opinions or affiliations of any applicant, eligible, or employee shall not be inquired into nor considered.* [E.O., June 5, 1922]

52.6 Method of rating. Applicants shall be rated upon their physical ability to perform manual labor as determined by physicians designated by the Commission.* [E.O., June 5, 1922]

52.7 Eligibility. The names of eligibles, with the kinds of labor in which proficient, rated at 85 or more, shall be registered by sex in the order of their ratings on physical condition, except that honorably discharged soldiers, sailors and marines, their widows, and the wives of soldiers, sailors and marines disqualified by injuries received in service and line of duty, shall have priority. Eligibility shall be for 1 year, but the period may be extended by the Commission for all those on any register if it is deemed inexpedient to hold a new examination.* [E.O., June 5, 1922]

52.8 Certification, appointment, and assignment. No person who is to perform mere manual labor in cities or parts of the service where the regulations in this part are in force shall be appointed otherwise than in accordance with them. When an appointment is to be made the employing officer shall request certification, specifying sex, duties (including any proposed incidental assignment to classified duties), and the duration of the employment. If the duties are entirely or principally mere manual labor, the highest three eligibles who have not already been considered three times by the employing officer shall be certified. When there is at least one eligible and not more than two eligibles, the name of the one eligible or the names of the two eligibles shall be certified with a view to regular appointment, but if the employing officer shall elect not to make regular appointment, then if temporary appointment is required it shall be made from such certificate unless reasons satisfactory to the Commission or its district manager are furnished why such appointment should not be made. If the duties involve other than mere

*For statutory citation, see note to § 52.1.

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manual labor, the Commission may certify the highest three eligibles found to possess the requisite qualifications, after such investigation as it may deem necessary. The person selected shall be duly notified by the employing officer and shall be given a fair trial. Å laborer with an unclassified status may not be appointed or promoted to a classified position except through open competitive examination, nor assigned to the duties of such position except incidentally, and then not without the approval of the Commission or the district manager.* [E.O., June 5, 1922]

52.9 Demotion from classified positions. A classified employee may be transferred upon certificate of the Commission to unclassified laborer upon his passing the required physical examination.* [E.O., June 5, 1922]

52.10 Temporary appointment. Temporary employment shall be made from among the highest three eligibles willing to accept for the duration specified, and their names will be restored to the register for the remainder of their period of eligibility. When a demand arises which cannot be met under the regulations in this part, a person whose name is either not on the register or not in turn for certification may be appointed temporarily; but such appointment shall continue only during the continuance of the conditions which necessitated it, and no such person shall be thus employed more than 30 days in any period of 12 months, unless no eligibles are available.* [E.O., June 5, 1922]

52.11 Reinstatement. A person having an unclassified competitive status, or eligibility for such status through competitive examination, at the time he is separated without delinquency or misconduct from an unclassified laborer position in the Federal service may be reinstated to a similar position under any department or independent establishment subject to physical examination and to the following limitations. [E.O. 7811, Feb. 9, 1938, 3 F.R. 339]:

(a) Unless otherwise provided hereinafter, an unclassified laborer may be reinstated only upon certificate of the Commission and upon requisition made within one year from the date of separation. In its discretion the Commission may authorize waiver of the 1-year limit herein prescribed under the following limitations: 2 years where service has been 2 years but less than 3 years; 3 years where service has been 3 years but less than 4 years; 4 years where service has been 4 years but less than 5 years; and without time limit where service has been 5 years or more: Provided, That the applicant for reinstatement who has been separated for more than 5 years is otherwise eligible as set forth under the conditions of the Executive Order of June 2, 1920 [See § 9.104]; And provided further, That he passes a thorough physical examination. [E.O. 6916, Dec. 7, 1934]

(b) A person honorably released from the active military or naval service of the United States after service in the Civil War, or the war with Spain, or the war with Germany, or his widow, or an Army nurse of any of said wars, or the wife of an honorably released totally disabled veteran of any of such wars, may be reinstated within 5 years from the date of separation from the unclassified position: Pro

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*For statutory citation, see note to § 52.1.

vided, That the Commission may authorize such reinstatement without time limit when, in its opinion, the interests of the public service require such action. [E.O. 5111, May 13, 1929]

(c) A person separated from an unclassified position in the field service may be reemployed in the same office within 1 year without certificate of the Civil Service Commission.* [E.O. 5111, May 13, 1929]

52.12 Transfer. An unclassified laborer in good standing after at least 6 months' service may be transferred to another department or office upon certificate of the Commission or district manager, or he may be transferred within the 6-month period if his rating is in reach on the register for the new appointment.* [E.O., June 5, 1922]

52.13 Removal. No unclassified laborer other than temporary shall be removed except for such cause as in the judgment of the employing officer will promote the efficiency of the service, and no trial or hearing shall be required except at the discretion of such officer. The reasons for any removal shall be made of record in the office in which the person is serving and shall be open to the inspection of the Commission.* [E.O., June 5, 1922]

52.14 Reports of changes. Appointing officers shall report to the Commission or the district manager all appointments and changes in status of unclassified laborers. Reports of separations shall state the cause.* [E. O., June 5, 1922]

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Regulations of the General Accounting Office relating to the disposition of civil service retirement checks of deceased or incompetent persons: See Accounts, 4 CFR Part 6.

*For statutory citation, see note to § 52.1.

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EXECUTIVE ORDERS UNDER THE RETIREMENT ACT

Section 53.1 Executive Office employees included in Retirement Act. The provisions of the Civil Service Retirement Act, May 22, 1920 (41 Stat. 614; 5 U.S.C. Chapter 14) are hereby extended to include employees of the Executive Office, with the exception of the Secretary to the President.* [E.O. 3315, Aug. 3, 1920]

*§§ 53.1 to 53.13, inclusive, issued under the authority contained in sec. 1, 41 Stat. 614, sec. 3, 44 Stat. 905, sec. 3, 46 Stat. 470; 5 U.S.C. 693.

53.2 Alaska Railroad excluded. Employees of The Alaska Railroad are hereby excluded from the provisions of the Civil Service Retirement Act, May 22, 1920.

This section shall not be applicable to such employees of said service as have a competitive classified status.* [Ē.O. 3329, Sept. 24, 1920, E.O. 4192, Apr. 10, 1925]

53.3 Certain excepted employees included in provisions of the Retirement Act. The provisions of the Civil Service Retirement Act, May 22, 1920, are hereby extended to include employees appointed to positions named in Part 50 and Part 51 through open competitive examination, and all former competitive classified employees serving in such positions to which they were or could have been promoted or transferred in accordance with the principles laid down in § 2.3, that "the proper appointing officer may fill an excepted position as competitive positions are filled, in which case the person appointed will receive all the rights of a competitive employee."* [E.O. 3375, Dec. 24, 1920]

53.4 Certain Reclamation Service employees excluded. There are hereby excluded from the operation of the Retirement Act of May 22, 1920, noneducational employees in the Reclamation Service, intermittently and irregularly employed, and educational employees on daily rates, similarly employed, and the continuance of the present practice of making no deductions from their pay is hereby approved. This action is deemed necessary because of the intermittent character of the employment and the exceedingly frequent changes in personnel.* [E.O. 3414, Mar. 1, 1921]

53.5 Extension to unclassified laborers. (a) The provisions of the Civil Service Retirement Act, May 22, 1920, are hereby extended, effective September 1, 1922, to include groups of employees in the executive civil service as follows:

(1) Unclassified laborers in all cities and in establishments or offices in which appointments are made under labor regulations approved by the President.

(2) Unclassified laborers in all offices in which appointments are made from subclerical or other registers for the classified service. (3) Unclassified laborers who have been transferred from classified positions.

(b) An employee to whom this extension applies shall, in order to receive credit for service rendered since August 1, 1920, deposit with the Treasurer of the United States an amount equivalent to such deductions, with interest, as would have been made from his salary,

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*For statutory citation, see note to § 53.1.

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