Executive Order 8576—Labor Regulations

By virtue of the authority vested in me by section 1753 of the Revised Statutes of the United States, I hereby prescribe the following regulations governing the employment of unclassified laborers in the executive civil service of the United States:

REGULATION I—APPLICABILITY OF REGULATIONS

SECTION 1. These regulations shall be applicable in such areas or localities or to such parts of the executive civil service as the Civil Service Commission may determine.

SECTION 2. It shall be the duty of all officers in the executive civil service to aid the Commission in all proper ways in carrying these regulations into effect.

REGULATION II—QUALIFICATION OF APPLICANTS

SECTION 1. Applicants for appointment as unclassified laborers must be citizens of or owe allegiance to the United States, be physically and mentally qualified, be of good character and habits, and must not have reached the retirement age applicable to them.

SECTION 2. An applicant may be rejected for any of the following reasons:

(a) Dismissal from the service for delinquency or misconduct.

(b) Physical or mental unfitness.

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

(d) Intentionally making a false statement as to any material fact, or practicing any deception or fraud in securing examination, registration, certification, or appointment.

(e) Refusal to furnish testimony in matters arising under the Civil Service Act, Civil Service Rules, or these regulations.

(f) Habitual use of intoxicating beverages to excess.

(g) Illegality of appointment applied for.

Any of the reasons stated in the foregoing subdivisions from (b) to (g), inclusive, shall also be sufficient cause for removal from the service.

SECTION 3. The political or religious opinions or affiliations of any applicant, eligible, or employee shall not be inquired into or considered, except as to such membership in political parties or organizations as constitutes by law a disqualification for government employment.

REGULATION III—METHOD OF RATING

Applicants shall be rated upon their physical ability to perform manual labor as determined by physicians designated by the Civil Service Commission and upon such preliminary tests as the Commission may prescribe. Where preliminary tests are given, ratings on physical ability will be assigned only to a sufficient number of those attaining the highest ratings in such tests to meet the needs of the service: Provided, that those entitled to priority under section 1 of Regulation IV hereof shall have their names entered at the head of the list, subject to the physical examination.

REGULATION IV—ELIGIBILITY

SECTION 1. The names of eligibles rated at 85 or more shall be registered by sex in order of their ratings on physical condition, except that the following shall have priority: (1) Honorably discharged soldiers, sailors, and marines. (2) The widows of honorably discharged soldiers, sailors, and marines. (3) Wives of honorably discharged soldiers, sailors, and marines who are not qualified because of service-connected disability or who are over 55 years of age and are not qualified because of disability.

SECTION 2. Eligibility shall be for one year, but the period may be extended by the Civil Service Commission for all those on any register if it is deemed inexpedient to hold a new examination.

SECTION 3. A laborer separated from the service without delinquency or misconduct may have his name restored to the register of eligibles in the discretion of the Commission for the remainder of his period of eligibility.

REGULATION V—CERTIFICATION, APPOINTMENT, AND ASSIGNMENT

SECTION 1. No person who is to perform mere manual labor in areas or parts of the service where these regulations are in force shall be appointed otherwise than in accordance with these regulations, except that suitable registers for the classified service may be used to fill laborer positions. Unclassified laborers appointed from a classified register shall thereby acquire a classified status, but the position shall remain unclassified and subject to these regulations.

SECTION 2. When an appointment is desired, the employing officer shall request certification, specifying sex, duties, salary, and the duration of the employment. The highest three eligibles who have not already been considered three times by the employing officer shall be certified by the Civil Service Commission.

SECTION 3. Whenever there are less than three eligibles on the register, certification shall be made with a view to regular appointment. If the employing officer shall elect not to make regular appointment from such certification and temporary appointment is required, the eligible or eligibles shall be considered by the employing officer with a view to temporary appointment. Such temporary appointment, if made, may be continued until three eligibles are provided. If selection is not made from the certification for either regular or temporary appointment under this section, the temporary appointment may be made under Regulation VII hereof.

SECTION 4. An appointing officer who passes over an eligible veteran and selects a non-veteran shall file with the Civil Service Commission a statement setting forth in detail his reasons for so doing, which reasons shall not be made available to the veteran or to any one else except in the discretion of the appointing officer. The Commission shall review these reasons and in every instance in which they are not regarded as adequate shall so advise the head of the appropriate department or independent establishment for his consideration.

SECTION 5. The person selected shall be duly notified by the employing officer and shall be given a full and fair trial.

SECTION 6. A laborer with an unclassifield status may not be appointed to a classified position except through open competitive examination, nor assigned to the duties of such position except incidentally and then only with the prior approval of the Commission or the district manager of the appropriate civil service district. A laborer with an unclassified status may not be promoted to a classified position except through open competitive examination, or with the approval of the Civil Service Commission in accordance with the provisions of Schedule B of the Civil Service Rules, or as may otherwise be provided by regulation of the Civil Service Commission.

REGULATION VI—DEMOTION FROM CLASSIFIED POSITIONS

A classified employee may be placed in an unclassified laborer position (with corresponding change in designation) upon certificate of the Civil Service Commission, subject to the passing of a strength test given by the Civil Service Commission, which test may be waived by agreement between the appointing officer and the Commission. In the field service, a classified employee occupying a non-educational position may be placed in an unclassified position (with corresponding change in designation) upon authority of the manager of the appropriate civil service district.

REGULATION VII—TEMPORARY APPOINTMENT

SECTION 1. Temporary appointment shall be made from the highest three eligibles willing to accept for the duration of the employment specified, and the name of the eligible selected shall remain on the register for regular appointment.

SECTION 2. Whenever there are no eligibles upon the register and the public interest requires that the vacancy be filled before eligibles can be provided by the Civil Service Commission, the Commission or district manager of the appropriate civil service district may authorize temporary appointment without examination. Such appointment, if made, shall continue only for such period as may be necessary for making appointment through certification, and in no case, without prior approval of the Commission, shall extend beyond thirty days from the date of the receipt by the appointing officer of the Commission's certification of eligibles.

SECTION 3. When a position must be filled immediately to meet an emergency and time does not permit the securing of the prior approval of the Commission or district manager, temporary appointment may be made of a suitably qualified available person. This provision shall not apply to positions in Washington, D. C., or in cities in which district managers' headquarters are located. No person shall be thus employed for more than thirty calendar days in any period of twelve months unless specifically authorized by the Commission or district manager.

REGULATION VIII—REINSTATEMENT

SECTION 1. A person separated without delinquency, misconduct, or inefficiency from a field-service position under these regulations may be reemployed under the same department or independent agency within one year without certificate of the Civil Service Commission.

SECTION 2. Except as provided in section 1 of this Regulation, a person separated from the service under these regulations may be reinstated upon certificate of the Commission, subject to the following limitations:

(a) Reinstatement may be made upon requisition by the appointing officer having a vacancy to fill: Provided, that such requisition is made within one year of separation if the period of service was less than two years, within two years if the period of service was two years or more but less than three years, within three years if the period of service was three years or more but less than four years, within four years if the period of service was four years or more but less than five years, and without time limit if the period of service was five years or more: Provided further, that the applicant is otherwise eligible under the provisions of the Executive Order of June 2, 1920, relating to the reinstatement of employees: Provided further, that the time limit may be waived in the case of reinstatements to positions in Federal agencies concerned with preparedness and the national-defense program.

(b) A former unclassified employee entitled to military preference in registration and appointment may be reinstated without time limit.

(c) A former unclassified employee retired upon annuity under the Civil Service Retirement Act by reason of total disability who is eligible for reinstatement by reason of recovery and termination of annuity, shall be eligible for reinstatement, subject to the conditions and limitations of these regulations.

(d) No person may be reinstated to a position under these regulations who did not have a status thereunder at the time of separation, or who was not eligible for such status through examination.

(e) No person may be reinstated to a position under these regulations without passing an appropriate non-competitive examination testing fully his fitness for the position when the Commission shall so require.

REGULATION IX—TRANSFER

After he has completed six months of service, an unclassified laborer may be transferred to another department or agency upon certificate of the Commission.

REGULATION X—PROMOTION

A person employed under these regulations may not be promoted, except where general authority has been granted by the Commission, until he has completed six months of service, unless his name was within reach for appointment at the higher salary at time of appointment or would have been so within reach had it remained on the register.

REGULATION XI—REMOVAL

SECTION 1. No unclassified laborer other than temporary shall be removed from the service 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.

SECTION 2. The reasons for each 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.

SECTION 3. In harmony with statutory provisions, when reductions are being made in the force no unclassified laborer entitled to military preference in appointment shall be discharged, dropped, or reduced in rank or salary before any employee not entitled to military preference in competition with him if his record is good; nor shall any unclassified laborer entitled to military preference in appointment be discharged, dropped, or reduced in rank or salary before any employee not entitled to military preference in competition with him if his efficiency rating is better than, or equal to, that of such non- preference employee.

REGULATION XII—INCLUSION IN THE UNCLASSIFIED SERVICE

A person holding a position when it becomes subject to these regulations shall, upon recommendation to the Commission by the head of the department or establishment in which he is employed, acquire a status hereunder subject to the following conditions:

(a) That he was appointed at least six months prior to the effective date of the application of the regulations.

(b) That he shall qualify in such appropriate non-competitive examination as the Commission may prescribe.

(c) That he is not disqualified by any provision of these regulations or of the Civil Service Act or of any other statute, or Executive order.

Any such person who fails to meet the above-stated conditions may, in the discretion of the head of the department or agency concerned, be retained without acquiring such a status.

REGULATION XIII—REPORT OF CHANGES

Appointments and changes under these regulations shall be reported to the Civil Service Commission in accordance with the provisions of Civil Service Rule XIII. The designation should be shown as 'unclassified laborer.'

REGULATION XIV—SUPPLEMENTARY REGULATIONS

The Civil Service Commission may prescribe supplementary regulations not inconsistent herewith necessary for the administration of these regulations.

This order supersedes the Executive order of June 5, 1922, prescribing regulations governing the employment of unclassified laborers in the executive civil service, and all orders amendatory thereof.

FRANKLIN D ROOSEVELT

The White House,
October 29, 1940.