Evening star., 1950-10-05
Warren Clarifies New
Legislation Affecting
Promotions, Transfers

Promotions, Transfers
Controller General Lindsey c.
Warren yesterday cleared up cer-
tain promotion policies to be fol-
lowed by Federal agencies as a
result of recent legislation placing
all Government job promotions,
transfers or reappointments on a
temporary status.
Mr.. Warren made the clarifica-
tions in response to request by
the Civil Service Commission.
He ruled that:
l. There is nothing in the
Wnitten amendment to the supple
mental appropriation bill to pre-
vent promotion of employees after
first reinstatement in a grade not
above that held on September !.
1t was on that date that all pro-
motions, transfers and reappoint-
ments were ordered temporary.
Certlhed as Eligible.
z. A person promoted after Sep
tember l, but subsequently laid
OH through reduction in force,
may be certified as eligible for ap-
pointment in defense programs
at the grade and salary last held,
regardless of his position on Sep
tember /.
8. An employe laid off by re-
duction in force prior to Septem-
ber l may be reinstated or ap-
pointed in a grade higher than,
the grade last held in Govern
ment service.
Mr.. Warren also ruled that any
person who did not leave the
service because of reduction in
force, may be reinstated at any
grade for which the former en-
ploye meets commission require
mentS.
Civil Service Commission Of
f1--als said today the controller
generals decisions on the Whit
ten rider would apply to thou
sands of Government workers in
this area.
Questions and Replies.
In view of the wide interest in
the technical interpretations of
the controversial amendment, here
are the questions submitted by
TIE csc and the controller gen.
eT3i'S replies, in part.
!. Is the provision prohibit
inG reinstatement at grade
above the grade held by an en-
p 1ye on September /, 1850. limit
ed to reinstatements of persons
separated by reduction in force?
knswer: Yes.
2. If the answer to question one
Is IN the affirmative, may all other
re.nstatements be made at any
g"ade for which the employe meets
the qualifications requirements of
the commission? Answer: Yes.
Amplifying these replies. Mr..
Warren said: THE phrase sep
aration from the service through
reduction in force, as used in the
statute, is peculiar to the Federal
service and normally refers to the
discharge of employees because of
the necessity for reducing the
number of employees in a particu-
lar department or agency"
Answered in Affirmative.
3. II Ca an employe separated
b. reduction in force has been re-
irstated in a position not above
the grade held by him on Septem-
ber l. 1850. there would be no pro-
his.tion against his promotion up
to the. grade held on that date.
tb) Would this section permit
the commission to provide by reg
ulation for promotion of such an
enploye within reasonable period
of time, for example. after six
months service il. the grade?
Answer: Yes to both (a) and
(b), provided the promotions are
temporary.
4. Although section 1902 (a) /
provides that no employe pro-
NOTED. transferred or appointed to
a position in a higher grade shall
be eligible, in the event of separa-
ton through reduction in force,
to reinstatement at a grade above
the grade held by such employe |
on September /, 1850, section 1902
(b) provides that the names of
persons to be terminated under
reductions in force shall be certi- |
fed as eligible for appointment in
defense activities lat not to exceed |
the grade and salary last held in
the terminating agency" Assum-
Ing that an employe was promoted
after September l, 1850, and is
subsequently terminated under re-
duction in force, does this section
1902 (b) permit him to be certi-
fed for appointment at a higher
grade than that held on September
], 1850?
Answer: Referring to Section