5 C.F.R. § 9901.605 Competitive area.
Title 5 - Administrative Personnel
(a) Basis for competitive area. The Secretary may establish a competitive area on the basis of one or more of the following considerations: (1) Geographical location(s); (2) Line(s) of business; (3) Product line(s); (4) Organizational unit(s); and (5) Funding line(s). (b) Employees included in competitive area. A competitive area will include all competing employees holding official positions of record in the defined competitive area. (c) Review of competitive area determinations. The Secretary will make all competitive area definitions available for review. (d) Change of competitive area. Competitive areas will be established for a minimum of 90 days before the effective date of a reduction in force. In implementing issuances, the Secretary will establish approval procedure requirements for any competitive area identified less than 90 days before the effective date of a reduction in force. (e) Limitations. The Secretary will establish a competitive area only on the basis of legitimate organizational reasons, and competitive areas will not be used for the purpose of targeting an individual employee for reduction in forces on the basis of nonmerit factors. (f) Bar on collective bargaining. Pursuant to 5 U.S.C. 9902(f)(4) and (m)(7), the establishment of a competitive area under the authority of this subpart is not subject to collective bargaining.
Title 5: Administrative Personnel
PART 9901—DEPARTMENT OF DEFENSE HUMAN RESOURCES MANAGEMENT AND LABOR RELATIONS SYSTEMS
Subpart F—Workforce Shaping
§ 9901.605 Competitive area.
