# Executive Order 8587

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See the Notes section for a list of Executive Orders affected by or related to the issuance of this Executive Order.
Signed by President Franklin D. Roosevelt Thursday, November 7, 1940
Federal Register page & date: 5 FR 4445, Wednesday, November 13, 1940
By virtue of and pursuant to the authority vested in me by section 1753 of the Revised Statutes (U.S.C., title 5, sec. 631) and by the Civil Service Act (22 Stat. 403), the Civil Service Rules are hereby amended as follows:
| (b) | Where qualified special examiners are not available in the Federal service, the Commission may designate individuals outside the service specially qualified by experience and training, and of outstanding reputation in their own field, to serve on a board of examiners for a particular examination, and may compensate them for such service on a per-diem basis. |
| (b) | Selections. The nominating or appointing officer shall make selections for the first vacancy from not more than the highest three persons certified, or on the register, with sole reference to merit and fitness, unless objection shall be made and sustained by the Commission to one or more of the persons certified, for any of the reasons stated in Rule V, section 3, or in the case of positions in Federal agencies concerned in preparedness and the national-defense program, for such other reasons as may be approved by the Commission. For the second vacancy the nominating or appointing officer shall make selection from not more than the highest three remaining who have not been within his reach for three separate vacancies, or against whom objection has not been made and sustained in the manner indicated. The third and any additional vacancies shall be filled in like manner. More than one selection may be made from the three persons next in order for appointment, or from two persons if the register contains the names of only two, subject to the requirements of section 3 of this rule as to the apportionment. An appointing officer who passes over an eligible veteran and selects a nonveteran 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 anyone else except in the discretion of the appointing officer. The Commission shall review these reasons and in every instance where they are not regarded as adequate shall so advise the head of the appropriate department or independent establishment for his consideration. Any eligible who has been within reach for three separate vacancies in his turn may be subsequently selected, subject to the approval of the Commission, from the certificate on which his name last appeared, if the condition of the register has not so changed as to place him in other respects beyond reach of certification. |
| (c) | Probationary appointment. A person selected for appointment shall be duly notified by the appointing officer and upon accepting and reporting for duty shall receive from such officer a certificate of probational appointment. The first six months of service under this appointment shall be a probationary period, but the Commission and the department concerned may by regulation fix a longer probationary period for any specified positions. If and when, after a full and fair trial, the conduct or capacity of the probationer is not satisfactory to the appointing officer, the probationer may at any time thereafter during this period be so notified in writing, with a full statement of reasons, and this notice shall terminate his service. Efficiencyrating reports of all probationers shall be filed periodically within the department at such times and in such form as the regulations of the Commission shall provide. If at the end of the probationary period the probationer's service rating has been satisfactory, to the extent required by regulation, a certificate to that effect filed within the department and his retention in the service shall confirm his absolute appointment. If, however, his service rating has been unsatisfactory as so provided, his service shall be terminated at the end of the probationary period. A probationer separated from the service without delinquency or misconduct may be restored to the register of eligibles in the discretion of the Commission for the remainder of any period of eligibility thereon. |

## Notes

Shortcut: WS:USEO

### Amends

* Executive Order 7915, June 24, 1938

### Modifies

* Executive Order 7915, June 24, 1938

### See Related

* Executive Order 3278-A, June 2, 1920

### Revoked by

* Executive Order 9830, February 24, 1947
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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