5 C.F.R. § 351.403 Competitive level.
Title 5 - Administrative Personnel
Title 5: Administrative Personnel
PART 351—REDUCTION IN FORCE
Subpart D—Scope of Competition
§ 351.403 Competitive level.
(a)(1) Each agency shall establish competitive levels consisting of all positions in a competitive area which are in the same grade (or occupational level) and classification series, and which are similar enough in duties, qualification requirements, pay schedules, and working conditions so that an agency may reassign the incumbent of one position to any of the other positions in the level without undue interruption.
(2) Competitive level determinations are based on each employee's official position, not the employee's personal qualifications.
(3) Sex may not be the basis for a competitive level determination, except for a position OPM designates that certification of eligibles by sex is justified.
(4) A probationary period required by subpart I of part 315 of this chapter for initial appointment to a supervisory or managerial position is not a basis for establishing a separate competitive level.
(b) Each agency shall establish separate competitive levels according to the following categories:
(1) By service. Separate levels shall be established for positions in the competitive service and in the excepted service.
(2) By appointment authority. Separate levels shall be established for excepted service positions filled under different appointment authorities.
(3) By pay schedule. Separate levels shall be established for positions under different pay schedules.
(4) By work schedule. Separate levels shall be established for positions filled on a full-time, part-time, intermittent, seasonal, or on-call basis. No distinction may be made among employees in the competitive level on the basis of the number of hours or weeks scheduled to be worked.
(5) By trainee status. Separate levels shall be established for positions filled by an employee in a formally designated trainee or developmental program having all of the characteristics covered in §351.702(e)(1) through (e)(4) of this part.
(c) An agency may not establish a competitive level based solely upon:
(1) A difference in the number of hours or weeks scheduled to be worked by other-than-full-time employees who would otherwise be in the same competitive level;
(2) A requirement to work changing shifts;
(3) The grade promotion potential of the position; or
(4) A difference in the local wage areas in which wage grade positions are located.
[51 FR 319, Jan. 3, 1986, as amended at 60 FR 3062, Jan. 13, 1995; 62 FR 62500, Nov. 24, 1997]
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