Executive Order 8973—TRANSFER OF EMPLOYEES POSSESSING QUALIFICATIONS FOR NATIONAL-DEFENSE WORK
EXECUTIVE ORDER 8973
TRANSFER OF EMPLOYEES POSSESSING QUALIFICATIONS FOR NATIONAL-DEFENSE WORK
December 12, 1941
WHEREAS there exists a critical shortage of persons qualified in certain occupations and professions essential to the successful prosecution of the national-defense program; and
WHEREAS there are in the executive branch of the Government employees possessing skills and qualifications in such occupations and professions who are employed in positions in which they can be replaced:
NOW, THEREFORE, by virtue of the authority vested in me by the Civil Service Act (22 Stat. 403) and by section 1753 of the Revised Statutes of the United States (U.S.C., title 5, sec. 631), it is hereby ordered that whenever the Civil Service Commission shall find (a) that there is employed in the executive civil service of the United States any person who is qualified to perform work directly connected with the national-defense program for which there is a critical shortage of qualified persons, and (b) that the position occupied by such person can be filled, the head of the department or agency concerned shall be requested by the Commission to authorize the release of such person for transfer to a public or private agency to perform work directly connected with the national-defense program; but no transfer under this order shall be made without the consent of the head of the department and of the employee concerned.
Any person, except one holding a temporary position, transferred under this order whose services are subsequently terminated without prejudice shall be entitled to reemployment benefits as stated below provided that he is still qualified to perform the duties of his position and that he makes application for reinstatement within forty days after the termination of his services or forty days after the present national emergency shall have ceased to exist:
1. He shall be reinstated within thirty days of his application in the same department or agency, and in approximately the same locality, in his former position or in a position of like seniority, status, and pay, provided that such a position then exists.
2. If such a position does not exist, and such person is therefore not reinstated within thirty days of his application, his name shall be entered on the Reemployment List established pursuant to Executive Order No. 5924 of September 20, 1932, to be considered for certification to positions for which he is qualified elsewhere in the Government service.
3. No employee reinstated under this order shall be discharged from such position without cause within one year after his reinstatement.
FRANKLIN D. ROOSEVELT
THE WHITE HOUSE,
December 12, 1941.
Exec. Order No. 8973, 6 FR 6420, 1941 WL 4072 (Pres.)
Franklin D. Roosevelt, Executive Order 8973—TRANSFER OF EMPLOYEES POSSESSING QUALIFICATIONS FOR NATIONAL-DEFENSE WORK Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/210728